Bill for PAS Registrants to the Council of State

The Council of Ministers has today decided to submit the bill to extend the legalization program for PAS registrants until March 1, 2028, to the Council of State. Minister Wiersma (Agriculture, Fisheries, Food Security, and Nature) has requested expedited processing so that the bill can be presented to the House of Representatives as soon as possible. The extension is necessary because the current program is expiring while many PAS registrants still have no solution for their precarious situation. The cabinet has therefore set up a tailored approach, which will provide a solution to PAS registrants over the next three years. In the meantime, the legislative amendment is also important for the justification of rejections of any enforcement requests.

To find solutions for PAS registrants over the next three years, the cabinet is looking into whether nitrogen space from other sources can be used, whether a mathematical lower limit can be established, and we are focusing on tailored solutions. In this process, the cabinet supports the PAS registrant and employs so-called case managers who assist in mapping the available solutions.

Unfortunately, several PAS registrants have faced enforcement requests in the past. Thanks to a judicial ruling, there is currently room to abstain from enforcement. The cabinet is doing everything possible to support provinces in justifying the rejection of enforcement requests. Over the next three years, PAS registrants will be supported by a case manager in finding a solution to return to a legal situation, for example by adjusting their business operations. Once there is prospect of legalization, the competent authority can better reject enforcement requests, increasing the chances that PAS registrants will not face enforcement.

The bill is submitted to the Advisory Division of the Council of State for advice. After receiving the advice, the bill will be submitted to the House of Representatives as soon as possible. Minister Wiersma has requested the Council of State to give the proposal expedited treatment.

On December 18, 2024, the Administrative Jurisdiction Division of the Council of State made a ruling on internal compensating which has made it more difficult to obtain a nature permit. This ruling reduces the space available to provide a solution for PAS registrants. Tailored solutions are still possible, but in some areas, the approach will become more difficult, or an alternative tailored solution will need to be found. The precise consequences of the ruling are currently being mapped out. In response to the ruling on internal compensating, a ministerial committee was started this week with the task of quickly establishing a concrete program to unlock the Netherlands.

See also: Parliamentary document bill to extend the term of the legalization program for PAS projects