Some of the politicians and the farmers ‘ organisations argue that a more flexible environmental policies in the stikstofcrisis could partly solve it. However, the Netherlands can be just a few lines, or even entire natural areas deleted due to the stikstofprobleem?
Secretary: Carola Schouten (Agriculture), announced on november 13 that it is in discussions with the European Commission, in order to see whether it is Dutch, spas and sacs more flexible you can be.
agricultural journal of Agraaf said on november 24 that the environmental policies should be strict. The protected area would have a lot more rules than are necessary, and a lot of these rules are to be deleted would be in a lot of areas, more nitrogen may be emitted. However, it is the stikstofcrisis really is that easy to fix?
so What’s the problem? < / p> stikstofcrisis began with the Council of State in may of 2019 at the latest, considered that the Dutch legislation which is vulnerable to natural areas to protect against an excess of nitrogen is not in compliance with the European legislation. Until there is a new regulation that meets the requirements, there should be no licences will be issued for the projects in which nitrogen is produced, such as the construction of new homes. Nitrogen is threatening many natural areas and the biodiversity.
in The areas that need to be protected, the so-called Natura 2000 sites. There are 166 of these areas.
See also: Stikstofkwestie: “Everything is ready and waiting for you to build it, it’s going to be a bloodbath’ What are Natura 2000 sites? < / p> In the report, the Implementation of Natura 2000, in 2011 that Eu member states have agreed to the conservation values to be protected. Nature and animal species, as well as certain types of nature, such as dry heaths, ancient oak forests. This is a natural according to Europe, especially, should be protected in the Natura 2000 sites.
Josephine van Zeben, a professor of law at Wageningen University and Research, points out that the member states of the Natura 2000 sites themselves, and designate, and in consultation with the European Commission in the areas of “Natura 2000” status. One area that will need to be selected, and if there’s a species of animal or natuurtype occurs that is covered by the European nature of the falls.
Sander Kole, assistant professor of administrative law and environmental law at the Open University, points out that the Netherlands is not entirely free to choose which of the areas there is a very good idea. The netherlands is subject to the Eu directives. “This is, for example, that the selection of Natura 2000 sites, the economic interests have no role to play.”
sites Can also be disappear?
experts tell you to NU.nl that is a Natura 2000 site, is for ever to be appointed, and, therefore, would not normally be deleted may be used. There are some of the reasons why, in exceptional cases, of an area its Natura 2000 status, you can get rid of it.
the Van Zeben, explains that it is a Natura 2000 site can be deleted as the loss of wildlife in the area is so severe that the area was no longer able to contribute to the conservation of Europe’s protected species or habitats.
for example, If the decline is caused by the negligence of a public authority, then this could be for a country to have negative effects. According to Van Zeben has to be a country, then it is most likely not comply with European obligations to be met, and a proceedings are started.
With a demonstrable error that can status of the nature reserve change,
you can Also tell Kole that is, the status of a Natura 2000 site that may be modified when there is a demonstrable mistake was made in the registration procedure. This can be, for example, when the animal, which is the reason for this is that an area to be designated as a Natura 2000 site, however, are not at all in that area, it turned out to be. Also, Chris Backes, a professor of environmental law at the University of Utrecht, Utrecht, confirms that, by mistake deleted, may be used.
However, in the Netherlands, which is in compliance with the terms and conditions for the areas to be deleted seems that Backes “quite unlikely”. According to Van Zeben, it is very hard to Natura 2000 sites are to be deleted.
the rules should be made more flexible? < / p> The number of protected natural areas decrease, it is so hard. However, the rules are a bit more lenient, such as the journal of Agraaf writing? The netherlands, on a Natura 2000 site, plans are being made, which is what they need to be protected.
note that In this plan there are a number of causes. Kole explains that the aim may be to gauge whether or not it’s good to go with the territory. A target may be, for example, that there will be 40,000 gruttoparen, or that of five hectares of dry heathland and is. On the basis of these objectives may be, for example, the rules for the stikstofuitstoot made.
According to the agricultural journal of Agraaf have a lot of goals, added later and is not necessary in order to comply with the European union. They claim that some species need to be protected by the separate targets to be set. The journal mentions a particular species in a Natura 2000-area and species to be protected under European law, but that is not the reason for the selection of the area.
Both the Kole as Zeben is expected that the law does not, so you can explain it as a Agraaf to do. “To me, it seems very unlikely that the European Court of justice, that interpretation of the rules. It has been in Europe, have decided that there are certain types that should be protected. The protection is there when these types of will not be the initial reason was to have an area as a Natura 2000 site, to the point,” says Van Zeben.
Does the Netherlands not have to be a lot of? < / p> Deletion of lines or areas, it appears to be very complex. There are many ways to make it in the Natura 2000 policy is vastly more flexible, or does the Netherlands is now only what is absolutely necessary and is in accordance with European legislation? According to the experts NU.nl said there is no evidence to suggest that the Netherlands does so much more than that, according to the European legislation is necessary.
