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New fertilizer law fails in the Bundesrat - Bundestag votes for agricultural package

The new fertilizer law has failed for the time being due to resistance from the federal states: the Bundesrat refused to approve the amendment to the law on Friday. Several heads of the federal states had previously emphasized that the new rules would create unnecessary bureaucracy that would...

Farmer in a field spreading fertilizer
Farmer in a field spreading fertilizer

New fertilizer law fails in the Bundesrat - Bundestag votes for agricultural package

With the new regulations, EU law is to be implemented, it's about more transparency in farming practices and ultimately a reduction of high nitrate levels in groundwater. Nitrate primarily gets there through fertilizers.

Criticism has now ignited over the so-called material flow balance or nutrient balance - a listing of inputs and outputs of nutrients on agriculturally used areas. More farms are supposed to keep records, according to the new rules, of how many nutrients are taken away from the soil through farming and how many are added through fertilizers, to implement the polluter pays principle in nitrate contamination.

Brandenburg's Minister-President Dietmar Woidke (SPD) spoke in the Federal Council of a "senseless build-up of bureaucracy", Hesse's Regional President Boris Rhein (CDU) of a "listing without added value for environmental and water protection". Similarly, Baden-Württemberg's Agriculture Minister Peter Hauk (CDU) expressed himself. All three states refused consent - they are in line with the German Farmers' Association, which declared, after the vote, that it was "right" to revise the law again.

Bundesland Minister of Agriculture Cem Özdemir (Greens) criticized the rejection of his law, however, and declared, "this way, the path to more polluter responsibility remains blocked." "One can do that, but then one should also be honest with agriculture and say that one doesn't want the polluter pays principle." In regions with much livestock farming or much vegetable cultivation, groundwater is often heavily loaded, here clarity should be created to take targeted measures.

Furthermore, due to the high nitrate levels in the water, there is now a threat of "another infringement procedure from Brussels", the Agriculture Ministry continued. It is unclear how the Nitrate Law will proceed further. The Federal Government and the Bundestag have the possibility to summon the conciliation committee to negotiate a compromise with the states.

The Federal Association of Energy and Water Industries (BDEW) spoke of a "setback for water protection in Germany" - the Federal Council must now make a "constructive solution contribution to the implementation of the EU Nitrate Directive". The German Environmental Aid (DUH) described the rejection of the law by the Federal Council as a "scandal". The necessary requirement for a material flow balance to transparently depict nutrient streams was still missing, as well as strict monitoring of substance inputs.

However, the agricultural package of the federal government was successful in the Bundestag, which provides reliefs for agriculture. A total of three laws were up for vote, all of which were adopted at least with the necessary coalition votes.

Part of the package is the so-called tax income smoothing: Incomes can be taxed as an average over three years instead of taxing the gains of each individual year. If the gains strongly fluctuate, this can result in tax relief. Changes have also been made to the legal regulations for the food retail trade, which are intended to improve the position of farmers. Farmers, however, do not consider the reliefs to go far enough.

Within the Common Agricultural Policy (CAP) of the European Union, two new Ecological Rules for the promotion of biodiversity are to be introduced under the umbrella of the European Union's Joint Agricultural Policy. Farmers can then draw additional funds if they meet the respective environmental requirements.

  1. The Bundestag is set to implement EU regulations, focusing on increased transparency in farming practices and reducing high nitrate levels in groundwater, primarily caused by fertilizers.
  2. The criticism revolves around the material flow balance or nutrient balance, requiring more farms to record nutrient inputs and outputs, implementing the 'polluter pays' principle in nitrate contamination.
  3. Brandenburg's Minister-President Dietmar Woidke (SPD) and other state leaders expressed their concern over the proposed build-up of bureaucracy in the Federal Council.
  4. Bundesland Minister of Agriculture Cem Özdemir (Greens) criticized the law rejection, arguing that it hinders the path to more 'polluter responsibility.'
  5. The Federal Government and Bundestag have the opportunity to convene a conciliation committee to negotiate a compromise with the states to continue the Nitrate Law implementation.
  6. The German Farmers' Association, along with several states, disagreed with the new rules, citing concerns about excessive bureaucracy and the potential impact on agriculture.
  7. The agricultural package, including tax income smoothing and legal changes for the food retail trade, was adopted in the Bundestag, although farmers feel the reliefs do not go far enough.
  8. Under the Common Agricultural Policy (CAP) of the European Union, two new Ecological Rules for biodiversity promotion will be introduced, allowing farmers to receive additional funds if they meet environmental requirements.

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