dairy cattle, dairy cattle manure, cow milk
Proposed Act amending the Dutch Fertilisers Act with regard to the definition of ‘dairy cattle’ and certain other amendments concerning the system of phosphate rights
The proposal aims to clarify the scope of the system of phosphate rights.
In addition, this proposal makes it possible to temporarily lease rights for a maximum of 100 kilograms of phosphate per calendar year (back and forth within a calendar year), without any rights being withheld for this purpose. This part will not enter into force until the amount of phosphate rights in dairy farming has been brought back to below the sector production ceiling with regards to dairy cattle. Its introduction is also dependent on whether a new state aid notification is deemed necessary by the EC.
The proposed act also establishes rules on retroactive registrations for notifications on the transfer of phosphate rights. Finally, the proposed act restores an omission concerning the criminalisation of infringements with regard to Article 21b(3).
The objective of the proposed act aimed at clarifying the scope of the system of phosphate rights consists of two measures. Firstly, this concerns an amendment to the definition of ‘dairy cattle’ in the Dutch Fertilisers Act. The scope of the system of phosphate rights is limited to dairy cattle. The implementation of the system of phosphate rights has shown that this definition allows for multiple interpretations. In particular, this concerns the definition of the term 'dairy cattle’ in relation to young cattle intended for meat production. This has led to uncertainty
about the impact of the system of phosphate rights on beef cattle farmers. It is not always clear to them whether or not they require phosphate rights for their young cattle. Furthermore, this room for interpretation complicates the implementation and enforcement of the system. This proposed act clarifies the definition of the term 'dairy cattle' in order to specify for which animals farmers are required to obtain phosphate rights and which animals fall outside the scope of the system of phosphate rights. This will foster compliance and increase feasibility and
Secondly, this proposed act legally establishes an exemption for young cattle intended for suckler cow farming.
As of 24 October 2018, this exemption was regulated in the Suckler Cow Farming Exemption Order [Vrijstellingsregeling zoogkoeienhouderij], which is temporary in nature. This proposed act reaffirms that exemption, allowing young cattle intended for suckler cow farming to remain outside of the system of phosphate rights. The conditions under which this exemption applies have not changed and are laid down by ministerial order.