© FPA
BBV sees the Federal Administrative Court’s ruling as an impetus for practical and fair solutions
09.10.2025 | The Federal Administrative Court in Leipzig has decided that the Federal Ministry of Food, Agriculture and Community is obliged to draw up a national action program to protect waters from nitrate pollution, which is based on the requirements of the Fertilizer Ordinance (ref.: BVerwG 10 C 1.25).
The Bavarian Farmers’ Association sees the ruling as a signal to finally restart the stalled legislative process on fertilizer law. “The decision of the Federal Administrative Court is grist for the mill of agriculture,” says BBV General Secretary Carl von Butler. “It can be the start of finally correcting the undesirable developments in fertilizer law that have grown over decades – from the completely outdated EU Nitrates Directive from 1991 to the impractical general administrative regulations for area designation.”
The BBV sees the decision as an opportunity to redesign the legal basis for fertilization and water protection and make it practical. “We need a modern system that recognizes actual causes, makes targeted improvements and offers farmers reliable framework conditions – instead of rigid, blanket restrictions,” says von Butler.
As a positive example, the BBV points to Denmark, which has already fundamentally reformed its national action program with the approval of the EU. “It has been recognized there that blanket fertilizer reductions and constantly changing red areas do not bring any improvement, but rather put a strain on agriculture and create false incentives,” explains von Butler. “With a practical, scientifically based approach, it was achieved that quality grain cultivation and water protection work together.” For Germany, the reassessment of fertilizer law that has now been initiated must therefore lead to a real new start. “Agriculture is ready to make its contribution – but it finally needs comprehensible, fair and scientifically based rules,” von Butler makes clear. “This ruling can and must be the starting signal for a new, functioning overall system.”
