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ARTICLE · 20 APRIL 2017

Preliminary Questions On Dutch Nitrogen Approach Programme: What To Do In The Meantime

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

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The Dutch Council of State is in the process of requesting a preliminary ruling by the Court of Justice on whether the Nitrogen Approach Programme is compatible with EU law...

NetherlandsReal Estate and Construction
Nicolien Van Den Biggelaar
Nicolien Van Den Biggelaar
Arjan Kleinhout
Arjan Kleinhout
Claire Van Der Hoeven
Claire Van Der Hoeven
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The Dutch Council of State is in the process of requesting a preliminary ruling by the Court of Justice on whether the Nitrogen Approach Programme is compatible with EU law, specifically the Habitats Directive. The programme is known in the Netherlands as the "PAS" and is based on the Dutch Nature Conservation Act. Activities that enhance nitrogen deposition are only allowed if they meet the conditions in the PAS. If the Court of Justice rules that the PAS conflicts with EU law, this would, for example, mean that a permit under the PAS is no longer an option and that the system of exemption for minor nitrogen deposition has to be reconsidered. The Council of State sent its draft preliminary questions to the parties in the PAS pilot cases for their comments last month, and is now preparing its decision to refer. On average, a preliminary ruling by the Court of Justice may take 15 months, and the Council of State then needs some time to give its final decision. All in

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