For many projects, it is uncertain whether it is still possible to obtain an environmental permit. As a result, they face delays or may not proceed at all. This also applies to sustainability activities that ultimately reduce a lot of nitrogen in the long term, such as the transition to electric trains, residential areas switching from gas, and farmers modernizing their barns. The cabinet finds this highly undesirable. With the General Administrative Measure (AMvB) exempt sustainability activities, the cabinet provides clarification on existing legislation that certain sustainability activities are exempt from permits and can be carried out as quickly as possible.

Minister Wiersma: “We are currently facing the absurd situation that projects that ultimately reduce nitrogen emissions are uncertain about whether they can obtain a permit due to nitrogen restrictions. While these are precisely the projects we need. We are stuck in rules that work counterproductively. I want to break this cycle so that projects that help the Netherlands can proceed. This measure is an important step in that direction.”

Improvement of Nature

Sustainability of projects ultimately leads to lower nitrogen emissions, which is better for nature. With this AMvB, the cabinet clarifies that these sustainability activities are considered a management measure for nature improvement and are exempt from permits.

For which activities does this apply?

This exemption from permits only applies to activities that:

  • Remain the same as the current activity (i.e., no other function, such as replacing offices with housing).
  • Do not grow larger than the current activity (modernizing a barn is allowed, but not simultaneously increasing the number of animals).
  • Do not have negative effects on a Natura 2000 area (for example: the transition from a diesel train to an electric train is permitted).

Conditions

The measure applies to activities that lead to at least a 30% reduction compared to the current permitted situation. During construction, emissions may temporarily be somewhat higher, for example due to construction traffic. This may last a maximum of three years and not exceed five times the emissions of the final situation. A small, temporary increase in nitrogen emissions is therefore allowed, but after the realization phase, there must always be a permanent decrease.

The internet consultation runs from August 25 to October 5. The internet consultation is held to allow everyone (entrepreneurs, governments, social organizations, citizens) to provide their views.