5.3 The Harmlessness Criterion
The criterion of harmlessness concerns the question of whether the use of fertiliser
rules is associated with undesirable or bad side effects relative to the sustainability
theory.
The rules of the amended Fertiliser Ordinance can be used in such a way that
undesirable effects occur relatively to the sustainability theory. The effects vary
depending on the fertiliser used. For example, the application of liquid manure on
agricultural land causes ammonia emissions. These can be significantly reduced by
rapid incorporation into the soil. The fertiliser rule for incorporation in the Fertiliser
Ordinance of 2017 (§ 6, para. 1, sentence 1) can be used in such a way that
incorporation takes place too late to prevent eutrophication and thus biodiversity
loss (SRU, WBAE, WBD 2016). In the 2020 version, a reduction of the incorporation period to one hour was not made binding until February 2025, although
immediate incorporation would be even better (Möckel 2020). Ammonia emissions
can also lead to the release of nitrous oxide, which contributes to the destruction of
the ozone layer and the anthropogenic greenhouse effect (Härtel 2002, 52).
The application of animal excreta also leads to unavoidable nitrogen losses in the
form of ammonia in the atmosphere, but above all also as nitrate in groundwaters,
flowing waters and surface waters, even if it is incorporated quickly. The quality of
water bodies is greatly reduced by these nitrate leaching processes. The nitrogen
compound nitrate is then contained in groundwater in such high quantities that the
water has to be purified with cost-intensive technical solutions. But not only nitrate,
but also heavy metals, pollutants and medicines reach the soil via animal fertilisers.
The chemical extraction of nitrogen is again very energy-intensive and—as has
already been mentioned—phosphate is degraded and, unlike nitrogen, there is no
chemical process for phosphorus extraction. In addition, the mined phosphates
contain heavy metals and other pollutants.
The use of mineral fertilisers also has a negative effect on the humus content and
there is a decrease in species diversity because, for example, certain plants fix
nitrogen and only grow on low-nitrogen soils and mineral fertilizers do not require
crop rotations. Compost and sewage sludge, which contain valuable nutrients and
humus, are traditionally used in agriculture as organic fertilisers. The secondary raw
materials (biogenic municipal waste) are also very inexpensive suppliers of nutrients
and humus, as they are recycled waste. On the other hand, compost and in particular
sewage sludge contain pollutants that are hazardous to the environment and health,
such as chemicals, heavy metals and pharmaceuticals.
All in all, it can be said that the use of the fertilisation rules can lead to serious side
effects (Douhaire 2020). Thus, the harmlessness criterion is not fulfilled.
A Framework for Evaluation of Normative Solutions to Environmental Problems
123
The criterion of harmlessness concerns the question of whether the use of fertiliser
rules is associated with undesirable or bad side effects relative to the sustainability
theory.
The rules of the amended Fertiliser Ordinance can be used in such a way that
undesirable effects occur relatively to the sustainability theory. The effects vary
depending on the fertiliser used. For example, the application of liquid manure on
agricultural land causes ammonia emissions. These can be significantly reduced by
rapid incorporation into the soil. The fertiliser rule for incorporation in the Fertiliser
Ordinance of 2017 (§ 6, para. 1, sentence 1) can be used in such a way that
incorporation takes place too late to prevent eutrophication and thus biodiversity
loss (SRU, WBAE, WBD 2016). In the 2020 version, a reduction of the incorporation period to one hour was not made binding until February 2025, although
immediate incorporation would be even better (Möckel 2020). Ammonia emissions
can also lead to the release of nitrous oxide, which contributes to the destruction of
the ozone layer and the anthropogenic greenhouse effect (Härtel 2002, 52).
The application of animal excreta also leads to unavoidable nitrogen losses in the
form of ammonia in the atmosphere, but above all also as nitrate in groundwaters,
flowing waters and surface waters, even if it is incorporated quickly. The quality of
water bodies is greatly reduced by these nitrate leaching processes. The nitrogen
compound nitrate is then contained in groundwater in such high quantities that the
water has to be purified with cost-intensive technical solutions. But not only nitrate,
but also heavy metals, pollutants and medicines reach the soil via animal fertilisers.
The chemical extraction of nitrogen is again very energy-intensive and—as has
already been mentioned—phosphate is degraded and, unlike nitrogen, there is no
chemical process for phosphorus extraction. In addition, the mined phosphates
contain heavy metals and other pollutants.
The use of mineral fertilisers also has a negative effect on the humus content and
there is a decrease in species diversity because, for example, certain plants fix
nitrogen and only grow on low-nitrogen soils and mineral fertilizers do not require
crop rotations. Compost and sewage sludge, which contain valuable nutrients and
humus, are traditionally used in agriculture as organic fertilisers. The secondary raw
materials (biogenic municipal waste) are also very inexpensive suppliers of nutrients
and humus, as they are recycled waste. On the other hand, compost and in particular
sewage sludge contain pollutants that are hazardous to the environment and health,
such as chemicals, heavy metals and pharmaceuticals.
All in all, it can be said that the use of the fertilisation rules can lead to serious side
effects (Douhaire 2020). Thus, the harmlessness criterion is not fulfilled.
A Framework for Evaluation of Normative Solutions to Environmental Problems
123