In order to comply with the derogation granted to NL, the proposal lays down conditions for the production ofdairy cattle, pigs and poultry. The rate of duties in trade of phosphate rights is increased, and duties for trade inanimal rights are introduced.

Amendment to the Fertilisers Act in relation to the conditions on maximum manure production in thederogation decision 2022-2025 (Act amending the Fertilisers Act in relation to maximum manure production)

This Bill introduces (for pigs/poultry) and increases (for dairy cattle) duties on traded rights, as part of theimplementation of the obligations related to the derogation granted to the Netherlands (Order of 30 September2022 ((EU) 2022/2069, granting a derogation at the request of the Netherlands on the basis of Directive91/676/EEC Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters againstpollution caused by nitrates from agricultural sources (OJ L 148, 2014)). This derogation allows farmers, underspecific conditions, to apply more livestock manure than the Union standard of 170 kilograms of nitrogen perhectare laid down in the Nitrates Directive. This derogation is conditional on the amount of manure produced inthe Netherlands not exceeding 440.0 million kilograms of nitrate and 135.0 million kilograms of phosphate from2025 onwards (known as the ‘manure production ceiling’).

In relation to this condition, the national manure production ceilings are implemented in the Fertilisers Act andthe sectoral manure production ceilings for dairy cattle, pigs and poultry are aligned. In order to comply withthe ceilings, it is proposed to increase the rate of phosphate rights duties (now 10 %) to 30 %, to introduce30 % for the trade in pig and poultry rights and provide for the removal of production rights by a further 30 % incase of transfer of holdings (Articles 32a, 32 and 33 of the Fertilisers Act). Those articles may contain technicalrequirements.
A provision on mutual recognition is not included, as it concerns implementation of EU legal acts.