LIVE. Flemish government explains new nitrogen agreement, Jambon (N-VA): “We are avoiding an economic horror scenario”

LIVE. Flemish government explains new nitrogen agreement, Jambon (N-VA): “We are avoiding an economic horror scenario” | Nitrogen agreement

The Flemish government reached a new agreement on the nitrogen dossier this night. After a long day of negotiations, ministers Zuhal Demir (N-VA), Jo Brouns (CD&V) and Gwendolyn Rutten (Open Vld) and several MPs from the majority agreed on the final details. “The Flemish government proves once again that it is capable of making decisions,” said Flemish Prime Minister Jan Jambon (N-VA) at the press conference. Follow all developments about the nitrogen agreement below.

Minister of the Environment Zuhal Demir (N-VA) had been sitting since Monday afternoon with her colleague from Agriculture Jo Brouns (CD&V) and Deputy Prime Minister Gwendolyn Rutten (Open Vld) and with three MPs from the majority parties. Together they went through the text that Demir had drawn up after last weekend’s nitrogen meeting. Only the last loose ends had to be checked additionally by experts and lawyers, as the agreement must be “legally robust”.

The central question will be whether this agreement – the third nitrogen deal in two years – will hold up legally. The previous proposal submitted by N-VA and Open Vld (without CD&V) previously received strong opposition from the Council of State. Will it be ‘third time lucky’ for the Jambon government?

The big lines
• The list of 41 red agricultural companies that should close will disappear. Red companies are given the choice: either close as planned in 2030 (with significant compensation) or make heavy investments to reduce nitrogen emissions.

• To apply for a permit, agriculture will still be treated more strictly than industry. However, agricultural companies will still be able to obtain a permit if, after an assessment, they can indicate that their nitrogen emissions do not endanger nature.

• ‘External netting’ becomes possible. This system allows a farmer to take over the emission rights of another farmer who stops farming. Additional environmental research must then demonstrate that it does not jeopardize the proposed reduction target.

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Reduction measures and permit thresholds have been retained

The agreement must still reduce nitrogen emissions by half by 2030, as agreed in the previous agreement in March. The target of reducing the pig herd by 30 percent by 2030 will also be maintained.

The different permit thresholds for industry (1 percent) and agriculture (0.025 percent) will also be retained and, as requested by the Council of State, will be given a clearer substantiated scientific basis in the text.

The ineligibility threshold will disappear

For agriculture, the so-called ‘unacceptability threshold’. Agricultural companies that still exceed the set emission threshold can then apply for a permit if they carry out an individual appropriate assessment (thorough environmental investigation, ed.). In this way, file by file could be examined. The question is how exactly this instrument of appropriate assessment is included in the text, because the intention is not to impose an environmental study of hundreds of pages on every agricultural company, as was the case for Ineos.

Peak loads

As for the so-called ‘peak burden’: the much-discussed 41 ‘red’ companies will no longer be forced to close in 2030. The farmers involved can choose: either close as planned in 2030 (with compensation), or remain open. But then their nitrogen emissions would have to be reduced significantly and that would mean major investments for the agricultural companies involved. Compensation would then be provided for reducing emissions.

Trading emissions rights

‘External netting’, the trading of emission allowances, will also be included in the agreement. This system allows a farmer to take over the emission rights of another farmer who stops farming. This system could be introduced from January 2025, provided that an environmental study shows that it does not jeopardize the proposed reduction target.

There would also be a solution for the Turnhouts Fen area. The nitrogen problems in that nature reserve are so acute that nothing can actually be developed in the vicinity.

Scientific study

It has also been agreed to order a scientific study into the possibility of looking at the problem in a different way from 2030. The focus for compliance with the European conservation objective is now strongly on nitrogen and nitrogen deposition (in other words, the deposition of nitrogen compounds on the soil and nature).

The intention would be to look more at nitrogen emissions and at the broader picture, which could also take into account, for example, the effects of climate change or drought. It is also the intention to contact the European Commission again with the request to take into account the specific Flemish situation, especially Flanders as a densely populated and fragmented region.

According to Environment Minister Zuhal Demir, nitrogen remains “a sword of Damocles over our economy”. “But we are holding on to it a lot more firmly,” she responds to X about the agreement reached.