Netherlands delays nitrogen emissions target, defying its own judges and the EU

BRUSSELS — The Netherlands is rolling back its nitrogen reduction targets, setting the stage for a showdown with its own judges and Brussels over one of Europe’s most contentious environmental issues.

The Dutch government on Friday confirmed it will push back its deadline to halve nitrogen emissions from 2030 to 2035, defying a recent court order and putting its green commitments at risk.

The move, spearheaded by Agriculture Minister Femke Wiersma of the Farmer-Citizen Movement (BBB), is meant to give farmers more time to adapt, but could instead entrench a years-long standoff over how to cut pollution from intensive livestock farming.

The decision comes despite a Dutch court ruling in January that ordered the government to meet its existing 2030 deadline to protect sensitive nature areas from nitrogen pollution, most of it from manure, with fertilizer use also contributing. Brussels may also weigh in, as the delay risks breaching the EU’s Habitats Directive, which obliges member states to prevent the deterioration of protected ecosystems and to restore them “within a short period.”

The Netherlands has long been ground zero for Europe’s nitrogen crisis, with its high-density farming blamed for dumping excessive nitrogen into Natura 2000 conservation areas. The country ranks among the worst in the EU for nitrogen pollution per hectare, at around four times the European average — far more than its landscapes and protected habitats can absorb.

Successive governments have struggled to square environmental obligations with farmer pushback, a conflict that helped topple the last coalition and fueled the rise of Wiersma’s BBB, which became the largest party in the Dutch Senate in 2023 and joined the national coalition government last year.

Five more years

The new plan includes a €2.2 billion “starter package” to encourage farmers near vulnerable nature sites to downsize, relocate or invest in cleaner technologies. The package covers voluntary buyouts for livestock farmers, including €750 million for those who choose to shut down and €627 million for dairy producers who scale back. Another €100 million is set aside for nature restoration.

The government is also preparing to overhaul how nitrogen is regulated. Up until now, Dutch policy has been based on how much nitrogen pollution settles in protected areas — the so-called critical deposition value (KDW). Wiersma’s plan signals a move away from that system toward setting emission limits directly at the source, on individual farms and factories. How those caps will be calculated remains unclear.

“This plan offers perspective for farmers and space for innovation while we keep working toward nature recovery,” Wiersma told reporters ahead of the adoption.

Environmental groups, legal experts and the Dutch state attorney had already warned in recent days that the plan could fail to meet judicial requirements, after details of the proposal began circulating in the Dutch press on Wednesday and Thursday.

Court ruling looms

In January, a Dutch court sided with Greenpeace in a case challenging the government’s slow progress on nitrogen reduction. The ruling ordered the state to cut pollution fast enough to bring at least half of all nitrogen-sensitive conservation areas below harmful thresholds by 2030. The judge cited the Netherlands’ obligations under the Habitats Directive, which prioritizes the health of protected ecosystems over economic flexibility.

The government has appealed the decision but must comply with the ruling while that process is ongoing. By unilaterally shifting the target to 2035, Wiersma’s plan risks being seen as non-compliant with both the Dutch court and EU law, potentially exposing The Hague to further lawsuits and financial penalties.

Environmental groups, including Greenpeace and Mobilization for the Environment (MOB), have already signaled they will take the government back to court if the delay goes ahead.

Greenpeace called the adopted plan “an insult to the rule of law,” accusing it of lacking binding measures for agriculture, proper calculations or sufficient funding.

Brussels watching

The European Commission has so far held back from saying whether the Dutch delay is compatible with EU law, though officials in the environment department have repeatedly stressed that the Habitats Directive leaves little room to put off required action.

“The Netherlands must put in place and implement effective measures to reduce nitrates and nitrogen pollution in order to meet the EU requirements on nature and water quality,” Commission spokesperson Maciej Berestecki told POLITICO. “It is up to the Dutch authorities to decide on effective measures to ensure compliance and reach agreed targets.”

Commission lawyers are expected to review the Dutch plan following the government’s adoption of the package on Friday. Any failure to comply with EU law could eventually trigger infringement proceedings from Brussels. 

The delay hands Wiersma’s BBB a political win with its rural base, at least for now, but risks locking the Netherlands into another round of courtroom battles at home and in Brussels.

This story has been updated to include reaction from Greenpeace and the European Commission.