On 19 March 2025 the Association of Forest and Nature Reserve Owners (VBNE) withdrew their appeal against a lower-court ruling that protects Dutch forests and biodiversity from clear-cutting. The groundbreaking decision of the court therefore stands, and the progress of the case offers an example to other EU NGOs.
The Dutch Ministry of Agriculture, Fisheries, Food Security and Nature (LVVN) had adopted a controversial national Code of Conduct for Forests that allowed unhindered clear-cutting of up to two hectares of forest as ‘a forest protection measure’; they justified this as somehow necessary to rejuvenate forests. Despite the illogic of transforming swathes of lush forest into a silent moonscape in order to protect it, such arguments are so common that they often go unchallenged, especially as clear-cutting is the generally accepted practice in forest management.
But not this time: a Dutch nature coalition consisting of seven foundations1 went to court to challenge the Code of Conduct.
The Minister of Agriculture and the VBNE (responding on behalf of forest management organisations), denied that there was a commercial motivation for clear-cutting, insisting instead that it was “legally necessary for the protection of flora and fauna”. But the nature coalition presented strong, science-based counter arguments. Fortunately, the Gelderland District Court judge took the time to thoroughly investigate the issue and agreed with the environmental groups, concluding that clear-cutting causes significant damage. This 19 December 2024 decision annulled the Code.
The VBNE forestry lobby initially filed an appeal – but withdrew it last month. No clear explanation was given (reference is made to lack of agreement about “the scope of soil cultivation”). This lawsuit is not mentioned on their website.
“The ruling has become irrevocable and clear-cutting in Dutch forests is definitively off the table,” say Frits van Beusekom of Stichting Natuurbelang and Fenna Swart of the Clean Air Committee, two of the organisations that brought the case.
Protection of forests and the aversion to clear-cutting fundamentally clash with the biomass industry which is richly subsidised. In the Netherlands, the new subsidies were stopped in 2022, largely the result of a lengthy campaign led by the Clean Air Committee, and a petition signed by more than 300,000 European citizens. Recently, the Clean Air Committee and Mobilisation for the Environment successfully led EU-wide opposition to the largest biomass plant yet to be built in Europe; the highest court (Council of State) annulled the environmental permits of the Vattenfall plant, resulting in the recovery of the EUR 400 million in subsidies – offering a heartening illustration that people can organise and make themselves heard.
Next steps: No date has been set for the publication of the next Code but environmental NGOs know that will need to check it with a fine-tooth comb. Enforcement of the clear-cutting ban will also need to be closely monitored and defended, with drones at the ready – a practical illustration of why the proposed EU Forest Monitoring Law must include location-specific data to support satellite imagery (FW 303).
1 Stichting Natuurbelang Nederland, Stichting Comité Schone Lucht, Vereniging Leefmilieu, Stichting Mobilisation for the Environment, Stichting tot Behoud van het Schoorlse en Noord-Kennemerduinengebied, Stichting NatuurAlert Nederland, and Stichting Vogelbeschermingswacht Noord-Veluwe
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Categories: News, Forest Watch, Carbon removal, European forests