The German parliament approves a fresh law governing fertilizers.
The new law targets to discourage hefty penalties from the EU Commission. For years, Germany has been a concern in Brussels because of the intense contamination of groundwater with nitrates in various areas. The Commission has been encouraging Germany to enforce stricter rules since 2012, particularly in places with intensive livestock farming or vegetable cultivation.
In 2018, the European Court of Justice held Germany responsible for breaching the Nitrate Directive, and there were warnings of extensive fines. Since then, the federal government has imposed stricter measures - such as longer prohibition periods where no fertilization is allowed, a ban on fertilizers for frozen soil, and reclassifying highly polluted areas.
Last year in June, the Commission postponed its case as German Agriculture Minister Cem Özdemir (Greens) implemented more changes to the fertilizer law. According to the minister's preference, the law should be put into action in 2023. But the agricultural sector expressed dissatisfaction with the tighter rules. The parliament discussion lasted for months.
The SPD faction claimed a "favorable balance" had been achieved between public welfare and farmers' interests. To enhance the polluter pays principle, for instance, an investigation of individual farms' fertilization methods is to be enforced. At the same time, simplifications were proposed, like not needing to collect data that is already held by state agencies.
The German Farmers' Association (DBV) voiced its disapproval of the law. The DBV's General Secretary, Bernhard Krüsken, asserted that in some aspects, it surpassed the EU regulations and generated more cumbersome state procedures, contradicting the federal government's promises of reducing bureaucracy.
The deliberations are also taking place on another level: A new expert group will be established to tackle the permitted equilibrium for nitrogen and phosphorus. In their initial effort, the committee convened ten times in 2020 and 2021; however, they were unable to reach a consensus on several points due to a lack of agreement.
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- The EU Commission has been urging Germany, particularly since 2012, to enforce stricter fertilizer regulations, especially in areas with intensive livestock farming or vegetable cultivation, due to concerns about nitrates contaminating groundwater within the country.
- Following the European Court of Justice's ruling in 2018 that found Germany responsible for violating the Nitrate Directive, the federal government introduced stricter measures into the Novella, including longer fertilizer prohibition periods, a ban on fertilizers for frozen soil, and reclassifying highly polluted areas.
- Amidst criticism from the agricultural sector, the Bundestag ultimately approved a new law governing fertilizers, with the SPD faction claiming a "favorable balance" between public welfare and farmers' interests, which includes enforcing the polluter pays principle and simplifying data collection procedures.
- In addition to this, the EU Commission and Brussels will continue to monitor Germany's fertilizer regulation compliance, with potential implications for both hefty penalties and financial incentives if international standards are not met.
