It is uncertain whether so-called low-emission stables really lead to less nitrogen emissions. The Council of State reached that conclusion in three cases about variants of such housing systems. The ruling is a major setback for livestock farmers who use these systems and could have far-reaching consequences.

On paper, low-emission stables significantly reduce ammonia emissions. However, according to two scientific studies, this decrease is disappointing in practice.

After lower courts, the Council of State has now come to that conclusion. The figures that are assumed “offer too little certainty that nature will not be damaged”, concludes the highest administrative court.

The Administrative Jurisdiction Division is aware that this will further complicate licensing in the dairy sector. But “the strict European nature conservation rules to which the Netherlands has committed itself do not allow for a different outcome”. The judges say that a study into the effectiveness of low-emission stables should provide clarity quickly. That investigation was previously announced by the Ministry of Agriculture.

The decision of the Council of State comes at a politically sensitive time. This summer, the cabinet and farmers’ organizations had difficult discussions about the necessary nitrogen reductions in agriculture. The farmers, who staged massive and sometimes violent actions, continued to insist that technological solutions can reduce nitrogen emissions. They pointed out, among other things, the low-emission stable floors. But that road now seems more difficult.

Johan Vollenbroek of Mobilization for the Environment is satisfied with the verdict. “The Council of State confirms earlier statements about magic floors. This is one of the innovations with which the livestock industry claims to be able to solve the nitrogen problem, not so. Less livestock does help.”

What is a low-emission stable floor?

With a low-emission stable floor, the urine of cows or pigs is drained as quickly as possible into a manure pit under the floor. As a result, less ammonia is released and nitrogen emissions are reduced. The most commonly used floor is the so-called Eco floor.

The difference in emissions between houses with traditional floors and houses with low-emission floors is much smaller than manufacturers claim, according to research by Statistics Netherlands. The CBS findings have been confirmed by the Experts Committee on the Fertilizers Act. He concludes that the emission limitation of the houses with low-emission floors is “probably overestimated”.

Research by Wageningen University & Research underlined the image that farms that use traditional barn floors do not perform better than farms that have barns with low-emission barn floors.

The Council of State cites the investigations in its ruling and notes that “there is great uncertainty whether low-emission stables do what they promise”. As long as there is doubt about the effectiveness of low-emission stables, nitrogen emissions cannot be mapped with the required certainty, according to the highest administrative court.

Incidentally, the case that has now been dealt with by the Council of State concerns two types of barn floors that dairy farmers use. The ruling does not concern other barn floors for dairy cattle and floors that pig and poultry farmers install in their barns.