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Farmers Union asks Constitutional Court to annul Flemish Government’s nitrogen emissions decree

The largest Flemish farmers' union Boerenbond announced on Tuesday that it had started proceedings at the Constitutional Court against the Flemish nitrogen emissions decree. In January, Boerenbond threatened that it would take legal action against the decree that it believes needs to be revised. The decree was passed by the Flemish Parliament despite negative advice for the Council of State. 

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Boerenbond has lodged three separate appeals with the Constitutional Court for the annulment of the decree that has been the source of much discontent among the farming community in Flanders. At the end of January, the Flemish Parliament approved a revised version of the decree that provides for a sharp reduction in nitrogen emissions by 2030. Nitrogen emissions in Flanders are too high and this is harmful to both nature and to mankind.

The legal action targets several aspects in the decree.  For example, Boerenbond maintains that the emission reduction targets are not based on sufficient scientific evidence. It also claims that agriculture is being asked to make disproportionately large reductions in its emissions while transport and industry, both of which emit significant amount of nitrogen, are getting off relatively lightly.

Boerenbond’s CEO Lode Ceyssens told journalists that “The decree restricts entrepreneurship in agriculture and provides neither prospects nor legal certainty. We are calling on the government to adopt a new emissions reduction policy as soon as possible”.

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