Public enquiry Nitrogen file launched: formulate your comments and objections in time

The Flemish Government's Concept Note PAS saw the light of day on 23 February. According to the Flemish Government, this note (also known as the ‘nitrogen agreement’) should bring clarity and legal certainty. Of course, we knew that both the draft PAS and the draft EIR plan would still be subject to public scrutiny. Meanwhile, the time has come: the public enquiry runs from Tuesday 19 April 2022 to Friday 17 June 2022. NOMA will be happy to guide you in submitting your objection.

In the draft EIR plan, the draft Programmatic Approach to Nitrogen (PAS) is subjected to an environmental impact assessment (EIA). This examines which alternatives are possible for the PAS, what the expected consequences are for people and the environment when applying the PAS and how significant environmental effects are avoided, limited or remedied through the PAS. Pursuant to Article 4.2.11 DABM, each municipality, for which the draft plan is relevant, organises a public survey. The PAS applies to the entire Flemish Region so each Flemish municipality must organise a public enquiry.

This public enquiry provides the opportunity for all stakeholders to express their views on the draft PAS and the draft EIR plan. Consequently, all citizens, organisations, advisory bodies and administrations can formulate comments, opinions and objections. Consulting the drafts can be done physically at the Department of the Environment and at your municipality or digitally via their website. The method for submitting public comments will be communicated through your municipality's channels.

The Agriculture sector in particular has already frequently expressed its desire to be heard. Indeed, the concept note PAS seems to hit them particularly hard. The public enquiry now offers them (but also other stakeholders) the opportunity to formulate comments, opinions and objections.

It is crucial to formulate these comments from your own experience, insight and knowledge of your surroundings. First of all, possible environmental alternatives and concerns can be pointed out.

This may also include formulating legal-technical remarks. For example, companies that are in danger of seeing their valid permits expire sooner than anticipated may ask questions about the principle of legal certainty. It can also be argued that things are not mentioned or even missing from the drafts. For example, the absence of the promised socio-economic impact analysis can be raised as an objection. Given the major impact on farms, a thorough analysis of this should certainly be insisted upon.

In principle, the comments from the public and advisory bodies are incorporated in the final PAS. They are therefore of considerable importance and can form a basis for adjustments or additions to both the EIR plan and the PAS itself.