2023-10-24 04:41:00
What will happen now? Flemish Minister-President Jan Jambon (N-VA) hopes to have the amended decree voted on in the Flemish parliament with the support of the CD&V. But it is far from obvious. “In this case, it is important not to skip steps, judge Hendrik Schoukens, specialist in environmental law at UGent. It’s essential to get to the bottom of things.”
The professor recalls that the Council of State was strict on certain points of the draft decree and requested clarification on others. Each point must be detailed and accompanied by motivation. “Before issuing permits, you must be sure that the procedures are fully respected. Today, new extension permits are no longer issued for agricultural operations in Flanders. Only existing permits can be extended and once more…”, underlines Hendrik Schoukens.
The Council of State forces the Flemish government to review its nitrogen decree tabled in July: “We are not going to put a padlock on Flanders”
Nature en burn-out
According to our interlocutor, Flanders underestimated the harmful effects of nitrogen on its environment. Professor Schoukens believes that nature in Flanders is experiencing a sort of burnout. “The nitrogen crisis requires structural change,” says the expert. Like CO2, nitrogen influences our environment. A new agricultural model is required. Flanders will have to reduce its pig and cattle herd. It has 5 to 6 million pigs, 1.3 million cows and more than 30 million poultry. For 50 years, intensive breeding has been carried out on large farms, such as in the Netherlands. Flanders, for example, imports far too much soya to feed livestock. This model allowed Flanders to develop its agriculture in regions that were previously unsuitable for it due to its infertile soil – for example the Kempen. Fertilizers are spread over corn fields, which encourages the spread of pollution. Consequence: Flanders alone has among the highest nitrogen emissions in Europe (23 kg of nitrogen per hectare per year), which is more than Holland. Add to this the fact that Flanders has a very dense road network in Europe and has at least two large-scale industrial centers (Antwerp and Ghent) and you will better understand that reducing nitrogen emissions is essential. underlines Mr. Schoukens.
The stages of a long saga
To see this clearly, a brief reminder of the stages of the decree is necessary. After months of delay, on March 10, the Jan Jambon government announced that there was agreement within the majority on the nitrogen issue. But a few days later, we realize that the N-VA and the CD&V have a different interpretation of the agreement concluded. It is above all the CD&V which is blocking: the party wants to verify the compensation planned for farmers and demands total clarity before committing. The N-VA believes that we cannot go any further and that we must now respect the agreement.
During the Council of Ministers on July 14, the CD&V refused to sign the decree and its terms of execution. The party notes that Environment Minister Zuhal Demir (N-VA) has not even ordered the verifications requested by the Christian Democrats to be initiated. Demir’s counter-fire was immediate: the minister gave two ministerial instructions to move the file forward, the CD&V balked.
On July 20, the Council for Disputes in Permit Matters canceled the environmental permit requested by the English chemical group Ineos for the construction of an ethane cracker – ensuring the manufacture of ethylene – in the port of Antwerp . He believes that the decision to grant a permit to Ineos is “a routine operation taken lightly”. The company should have included “appropriate judgment” in its operating permit to calculate the impact of nitrogen emissions on the neighborhood. A calculation that it would undoubtedly have been forced to make if a decree clearly setting the standards for authorized nitrogen emissions had been adopted.
The decision of the Disputes Council relieves environmental defenders: the new project of the multinational Ineos would release a quantity of nitrogen which would endanger a nature reserve adjoining the site, they say. But it worries the municipal authorities of Antwerp. And for good reason. The investment would generate 450 new jobs in the port. The Flemish government summoned the CEO of the firm to find a solution to the problem.
It was then that the Flemish parliament took action. On July 27, the N-VA and the Open VLD introduced the nitrogen decree into parliament, without consulting the CD&V, which was dismayed at the time. This method might save them time but it also risks splitting the Flemish majority.
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