Later estimates suggest as many as 18,000 projects may be affected, indicating even larger losses. trailer This made a calculation between the future envisaged (autonomous) mitigation of nitrogen deposition and the nitrogen deposition caused by new activities or projects. On the basis of the PAS, governments gave permission for all kinds of activities in which nitrogen is emitted. It ruled that in principle the framework could be in accordance with the European legal framework, provided that the assessment used and input (emission bank) is thorough and there is absolute scientifically substantiated evidence there is no reasonable doubt that an envisaged project or activity will not have negative effects for the related conservation areas. A landlord's perspective, Unlocking the opportunity: Prospects for student accommodation. 3 Governmental letter 13/09/2019: Kamerstukken II, 2018-2019, 32 670, nr. Livestock farming emits the most nitrogen in the form of ammonia. Greenpeace concludes on the basis of the ruling of the Supreme Administrative Court that the herd will now have to shrink. Many more court cases follow in which the so-called Nitrogen Approach Program (PAS) plays a role: around 180 cases are involved at the Council of State alone. 0000010687 00000 n Q&A: How the ‘Dutch case’ ruling is paralysing housebuilding. read. The organization calls on the government to "not come up with new tricks to bypass European rules". Non-permitted activities and projects below the thresholds of the APN and therefore allowed without further permission are now, in principle, conducted without the required permit and illegal. 0000351065 00000 n Initial estimates of the financial and economic impacts of this decision amount to a loss of EUR 14 billion due to the suspension and/or cancellation of projects. Government to act on housing crisis, nitrogen court case scuppers more projects. For example, when building sheds, this means that the nitrogen-rich air must leave the shed purified. In the quest for profit, these issues create market uncertainty. Housing. The starting point was that a permit would be granted if measures were taken to limit damage to nature. 0000006485 00000 n Our site provides a full range of global and local information. The problem with this approach is that it is not at all clear beforehand whether the measures work. Lease termination options in case of statutory non-compliance of the property should also be considered. <]/Prev 948668>> lower or decreased nitrogen emissions) may not be included in such AERIUS calculations and assessments. Construction of roads or farms depends on permits. *��䝯~�9�K��H endobj In addition to these attention points for specific players, the recent court case and new regulations raise a number of pending questions that need to be fully appreciated, and we expect a number of developments in the market. Contributing to preventing or limiting emissions will, in any case, be profitable. De Biesbosch, which is also a Natura 2000 area. For example, for the construction of a road or the construction of a livestock farm. For example, when building sheds, this means that the nitrogen-rich air must leave the shed purified. CJEU gives judgment in habitats nitrogen deposition case, Landmark Chambers has updated its cookie policy. 3 0 obj 0000001521 00000 n The main advantage of this framework is that no individual assessment or any further assessment of potential effects, as prescribed by article 6 of the European Habitat Council Directive, was required for certain projects or activities below the following thresholds: Following introduction of the APN, and in light of European requirements under the European Habitat Council Directive, academia and legal practitioners doubted if the APN would meet European legal requirements. If you have not yet made a donation, but would like to, Talking taxation: four issues which you might not have thought about, From Barbie to dinosaurs - here are 14 great things to do in October, The Dutch glasses company that wants to crack the competition, DutchNews podcast – The Great Tit In The Coalmine Edition – Week 39, Spoiled for choice? How to make wind turbines less deadly for bats? Due to an excess of nitrogen, certain plant species grow faster, while others end up under pressure. The Netherlands has more than 160 Natura 2000 areas, such as the Wadden Sea, the Fochteloërveen, the Oosterschelde, the Biesbosch and the Oostvaardersplassen. The ruling in the case, which was brought by various nature organizations, comes as no surprise. The legal basis for the recent court decision can be found in European law. Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that the grazing of cattle and the application of fertilisers on the surface of land or below its surface in the vicinity of Natura 2000 sites may be classified as a ‘project’ within the meaning of that provision, even if those activities, in so far as they are not a physical intervention in the natural surroundings, do not constitute a ‘project’ within the meaning of Article 1(2)(a) of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment. See also: What we do well in Dutch nature. For example: The fallout is not yet clear as new issues arise on an almost daily basis but real estate, as a key sector, will clearly be affected. 0000350204 00000 n Milieudefensie calls the statement "good news for nature, the climate and our health". 0000001868 00000 n 0 The government is currently assessing the full impact of the court ruling, which has already led to several road projects being delayed and motorway speed limits reduced. Compensation measures can be used to set off/compensate the established negative effects in general; for example, planting and creating new nature area outside the related nature conservation area. 0000001343 00000 n xref The recent Council of State ruling on nitrogen emissions is only making the problem worse, broadcaster NOS said on Thursday. 0000460629 00000 n European Habitat Council Directive, Directive 92/43 EEG) that must also be implemented at a national member state level. The Council of State had asked the European Court of Justice for an opinion on nitrogen policy. The cabinet is set to reply to the report by the beginning of October. Livestock farming emits the most nitrogen in the form of ammonia. Following high publicity cases contesting its lackluster approach to meeting its own, European and international goals on sustainability and the environment, the state is now faced with several court orders requiring it to expedite efforts to reduce CO2 emissions (Urgenda case) and apply, in stricter ways, European requirements to limit emissions of Nitrogen Monoxide (NO) and Nitrogen Dioxide (NO2) and their negative effects on flora and fauna in Natura 2000 nature conservation areas. A national deposition bank operated under the principle that due to autonomous and newly introduced reductions of the emission of nitrogen, new/other permissions could be granted due to the availability of this new deposition space (. In Amsterdam in particular, council charges for land and rules on rent increases, have led to a sharp decline in building projects and many developers are turning their backs on the capital. h�b```e``�"���@(������ᮖ�9L����+290tz�م��7 E;����54��l�j@Z ���"R�d��/����a����`ǰ�@m���b���k0�V�^ ���9�}����up��`�.�p�Qh6�3�[IiFG@,�Ȁ �]r���-�h_ DK#@� �c3p 91 37 x��[�n�H}7��Gi3l6�@`@c;�&N6vv&�@K�ĉ.R�7�u�yk�Ms�I$�/�u9u��#�~�޽�t��Z�����+�������RH�q}q��¥���+�[�ϻH���3W��[\}����1�������V7����l';��D��z�#I��,� ,��NX/�!�^x��i4���ҧ~$���k�:N��&����~Nvb6��,1>����6�Ɠ݁�����{A�D����� �'���Z���$�>�ϐq�S5�����aO����CЅ�Ξ j�����$�v���_6)��61�w��.�ޕ�+����+�'N��32ɖu�;�|7�j"�'ڤ�_�Ӌ`�#=�i���+2�7���&�sE���I�酲×��B\}�b�}�4��{��7����Glu# ����Tʉ�z��+�|�B�t3�%��o�$#O�|k���C'0�Կo�_��$��X��^��9�lo3bܜ���#)+t���!������ Z�?з|C��K2ОŶYҀ}!0����sc3�8��n���{v�-|�69JN&?�.��$4I�����c���d�r�o��8��DP��A�! endstream endobj 92 0 obj <>/Metadata 87 0 R/OpenAction[93 0 R/XYZ null null null]/OutputIntents[88 0 R]/Pages 80 0 R/StructTreeRoot 7 0 R/Type/Catalog>> endobj 93 0 obj <>/ProcSet 126 0 R/XObject<<>>>>/Rotate 0/StructParents 13/Thumb 79 0 R/TrimBox[0.0 0.0 595.276 841.89]/Type/Page>> endobj 94 0 obj <> endobj 95 0 obj <> endobj 96 0 obj <> endobj 97 0 obj <>stream All rights reserved. We should keep this in mind at all times. (Photo: Sanoma Media). Actual measures to prevent further deposition of nitrogen within the nature conservation areas in the Netherlands. This includes: "The court decision on nitrogen could influence potential investments and so the operation and value of Dutch real estate, affecting investment decisions and due diligence for every party involved in the sector.". In addition, the Dutch government presented a report "Not everything is possible" (Niet alles kan) in September 2019 on solving the nitrogen issue.