The Flemish Government has repeatedly failed to write the nitrogen agreement it reached in March into law, leading the governing N-VA and Open VLD parties to now submit a decree to Parliament without the support of their coalition partner CD&V.
The divisive topic has already destabilised the region's government, which negotiated long and hard to finally come to an agreement on measures to reduce nitrogen emissions in Flanders in March. But despite these measures getting the nod from ruling parties, passing them into law has again raised tensions, with the Christian-democratic CD&V party refusing to approve the decree without an environmental impact report on two relaxations that it wants to include.
To further aggravate the situation, Flemish Environment Minister Zuhal Demir subsequently went against the wishes of CD&V when she launched her own ministerial instruction with (temporary) strict nitrogen measures.
Last week, the Council for Permit Disputes annulled the environmental permit for a new ethane cracker in the port of Antwerp that had been proposed by chemical company Ineos. The Council argued that the Flemish Government had failed to give sufficient proof that nitrogen emissions will not pose a risk to the nearby nature reserve.
For rightwing N-VA and liberal Open VLD, overturning the permit illustrates the urgent need to ratify the nitrogen agreement as official legislation. The two parties are therefore looking for a political shortcut.
Environmental impact
Instead of launching the decree from the government, group leaders Wilfried Vandaele (N-VA) and Willem-Frederik Schiltz (Open VLD) are already submitting it for consideration in the Flemish Parliament. It is also already being sent to the Council of State.
They argue that this will save months and mean that the decree can be submitted for a vote in the Flemish Parliament within a few months. The move also has the advantage that CD&V is not forced to agree to a decree that it does not fully support.
Flemish Minister-President Jan Jambon reiterated his commitment to abide by the agreements in the nitrogen agreement. Importantly, the environmental impact report requested by CD&V is now being prepared. If it shows that the relaxations are possible, these will be written into the nitrogen decree. On top of that, Demir's ministerial instruction on nitrogen expired on Thursday 27 July.
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With CD&V apparently circumvented by their coalition partners, the groups leader in the Flemish Parliament Peter Van Rompuy told VRT that his party is not participating in the decree because the proposal does not (yet) contain the two relaxations sought by CD&V.
He played down the decree proposal, saying it "has no legal consequences" and is merely a "procedural step to get an opinion from the Council of State". Only once that approval has been gained can talks in the Flemish Government resume to bring about a legally robust and final nitrogen decree.
Meanwhile, the far-right Vlaams Belang opposition party is calling for an emergency session of the Flemish Parliament following N-VA and Open VLD's decision to submit the decree without CD&V.
It seeks to paint this as the end of the Flemish government, with group leader Chris Janssens insisting that it "shatters the coalition". The Flemish separatists argue that the deal would "plunge our farmers into complete uncertainty" and criticised the timing of the move, which comes as the Flemish government prepares for summer recess. Janssens went so far as to assert that "government must be recalled from recess and the Flemish Parliament must convene as a matter of urgency.
