Contribution regarding TRIS notification 27688
Legislative proposal on land-based dairy farming and responsible manure disposal (The Netherlands)
We would like to express serious concerns regarding the proportionality, economic consequences and internal market implications of the proposed Dutch legislative framework introducing mandatory land-based dairy farming and additional manure transport restrictions.
While we recognise and support the objectives of improving water quality, soil quality and environmental sustainability, we question whether the proposed measures are justified at this stage and whether they comply with the principles of proportionality and necessity under European internal market principles.
1. Cumulative regulatory burden on Dutch dairy farming
Dutch dairy farmers are already facing an unprecedented cumulative regulatory burden.
The sector is currently adapting to:
- the phased abolition of derogation under the Nitrates Directive;
- reduced manure application standards;
- buffer strip obligations;
- stricter nutrient management requirements;
- additional environmental conditionalities under the CAP.
These measures have only recently been implemented and their environmental effects have not yet had sufficient time to materialise or be properly assessed.
Water and soil systems respond with significant time delays.
Introducing further structural restrictions before evaluating the effectiveness of existing measures creates a serious risk of regulatory overburdening without clear evidence of additional environmental benefit.
2. Structural market distortion within the European Union
The proposed legislation creates significant competitive disadvantages for Dutch dairy farmers compared to producers in other EU Member States where comparable land-use requirements and manure transport limitations do not apply.
This creates an uneven playing field within the internal market.
Milk production operates in a highly competitive European market with limited ability to pass increased costs through the supply chain.
The proposed obligations will substantially increase:
- land acquisition costs;
- land rental costs;
- manure disposal costs;
- operational compliance costs.
As a result, milk production may shift to other Member States with lower production costs and less restrictive regulatory frameworks.
This does not reduce European agricultural emissions or nutrient pressures.
It merely relocates production.
This risks creating carbon leakage, nutrient leakage and production leakage within the Union.
3. Strategic food security concerns
At a time of increasing geopolitical instability, food security and strategic agricultural resilience should be strengthened rather than weakened.
Reducing domestic dairy production capacity in one of Europe’s most efficient dairy-producing regions increases dependency on production elsewhere.
Strategic food autonomy is increasingly relevant within the EU policy framework.
Policies that structurally undermine productive agricultural sectors should therefore be assessed not only from an environmental perspective, but also from a food security perspective.
4. Increased pressure on land use
The Netherlands already faces extreme pressure on land availability.
Agricultural land is increasingly claimed for:
- housing development;
- nature restoration;
- climate adaptation;
- water retention;
- energy infrastructure.
The proposed mandatory land-based farming model intensifies competition for land and is likely to increase land prices even further.
This will reduce accessibility for young farmers and hinder generational renewal in agriculture.
It may also create speculative effects in agricultural land markets.
5. Questionable proportionality of manure transport restrictions
The proposed 100 km transport limitation raises serious concerns regarding efficiency and practicality.
Manure logistics depend on regional balances between production and placement capacity.
Restricting transport flexibility may increase regional surpluses, raise disposal costs and reduce optimisation of nutrient cycles.
The necessity and proportionality of such a fixed geographical restriction should be demonstrated through clear impact assessments.
Conclusion
We urge the European Commission and Dutch authorities to critically assess:
- whether sufficient evidence exists that these additional measures deliver measurable environmental benefits beyond existing policy measures;
- whether the cumulative regulatory impact on Dutch dairy farming remains proportionate;
- whether the proposal risks distorting competition within the EU internal market;
- whether the proposal sufficiently considers food security and strategic agricultural resilience.
Environmental objectives are essential.
However, environmental policy must remain evidence-based, proportionate and economically sustainable.
Without these safeguards, the proposal risks undermining the viability of Dutch dairy farming while shifting production elsewhere in Europe without delivering net environmental gains.
