Commission Decision of 20 December 2007 granting a derogation requested by Belgium referred to the region of Wallonia pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document number C(2007) 6643) (Only the French text is authentic) (2008/96/EC)

Article 5 Application of manure and other fertilisers

1. The amount of livestock manure applied each year on cattle farms, including by the animals themselves, shall not exceed the amount of manure containing 230 kg of nitrogen per hectare, subject to the conditions laid down in paragraphs 2 to 8.

2. The amount of livestock manure applied on grassland each year shall not exceed 230 kg of nitrogen per hectare. The amount of livestock manure applied on other farmland each year shall not exceed 115 kg of nitrogen per hectare.

3. A fertilisation plan shall be kept for each farm describing the crop rotation, the planned application of manure and nitrogen and phosphate fertilisers. It shall be available in the farm each calendar year by 31 March at the latest.

The fertilisation plan shall include the following:

(a) the number of livestock, a description of the housing and storage system, including the volume of manure storage available;

(b) a calculation of manure nitrogen (less losses in housing and storage) and phosphorus produced in the farm;

(c) the crop rotation and acreage for grassland and for each crop, including a sketch map indicating location of individual fields;

(d) the foreseeable nitrogen and phosphorus crop requirements;

(e) the amount and the type of manure delivered outside and to the farm;

(f) nitrogen and phosphorus application from manure over each field;

(g) application of nitrogen and phosphorus with chemical and other fertilisers over each field.

Plans shall be revised no later than seven days following any changes in agricultural practices to ensure consistency between plans and actual agricultural practices.

4. Fertilisation accounts shall be prepared by each farm. They shall be submitted to the competent authority for each calendar year.

5. Each farm benefiting from an individual derogation shall accept that the application referred to in Article 4(1), the fertilisation plan and the fertilisation accounts can be subject to control.

6. Phosphorous analysis in soil shall be performed for each farm which benefits from an individual derogation at least once every four years for each homogeneous area of the farm, with regard to crop rotation and soil characteristics. At least one analysis every five hectares of farmland shall be required.

7. Nitrate concentration in soil shall be measured every year in each farm which benefits from an individual derogation. At least five samples per year shall be analysed for each farm.

8. Manure shall not be spread in the autumn before grass cultivation.