Commission Decision of 29 May 2009 granting a derogation requested by the United Kingdom of Great Britain and Northern Ireland with regard to England, Scotland and Wales 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(2009) 3853) (Only the English version is authentic) (2009/431/EC)

Commission Decision

of 29 May 2009

granting a derogation requested by the United Kingdom of Great Britain and Northern Ireland with regard to England, Scotland and Wales 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(2009) 3853)

(Only the English version is authentic)

(2009/431/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(1), and in particular the third subparagraph of paragraph 2 of Annex III thereto,

Whereas:

(1) If the amount of manure that a Member State intends to apply per hectare each year is different from the one specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) thereof, that amount has to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and has to be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake.

(2) On 14 January 2009, the United Kingdom of Great Britain and Northern Ireland submitted to the Commission a request for a derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC with regard to England, Scotland and Wales.

(3) The requested derogation concerns the intention of the United Kingdom of Great Britain and Northern Ireland to allow the application in England, Scotland and Wales of up to 250 kg nitrogen per hectare per year from livestock manure in grassland farms. Approximately 1 950 holdings in England, Scotland and Wales corresponding to 1,3 % of total farms, 1,5 % of the utilised agricultural land and 21 % of the total dairy livestock are estimated to be encompassed by the derogation.

(4) The legislation implementing Directive 91/676/EEC, including designation of vulnerable zones and establishment of the action programme in England (Regulations 2008 No 2349), Scotland (Regulations 2008 No 298) and Wales (Regulations 2008 No 3143), has been adopted and applies in tandem with this Decision.

(5) The designated vulnerable zones to which the action programmes apply cover 68 % of the total area of England, 14 % of the total area of Scotland and 4 % of the total area of Wales.

(6) Water quality data submitted show that for groundwater in England 83 % of groundwater bodies have mean nitrate concentrations below 50 mg/l nitrate and 58 % concentrations below 25 mg/l nitrate. For Scotland and Wales, over 90 % of groundwater bodies have mean nitrate concentrations of less than 50 mg/l nitrate, and over 70 % have concentrations below 25 mg/l. For surface waters in England more than 50 % of monitoring sites have mean nitrate concentrations below 25 mg/l and no more than 9 % have over 50 mg/l nitrate. For Scotland and Wales over 90 % of monitoring sites have mean nitrate concentrations below 25 mg/l and no sites have over 50 mg/l nitrate.

(7) Dairy cattle, beef cattle and sheep are the main types of grazing livestock in England, Scotland and Wales and livestock numbers show a decreasing trend in the period 1995-2007 (13 % reduction for cattle and 22 % for sheep and lamb). Around 48 % of the total production of livestock manure is handled as solid manure coming from straw based systems, 52 % of all livestock manure is handled as slurry.

(8) The use of chemical fertilisers in the last 20 years has reduced with 42 % for nitrogen and 49 % for phosphorus. The use of chemical nitrogen on dairy grassland has reduced by 37 % since 1999 and amounts to 128 kg N/ha in 2007. The OECD national nitrogen and phosphorus balances show for the period 1985 and 2002 a decline for the nitrogen balance from 46 to 22 kg N/ha and for the phosphorus balance from 15 to 12 kg P/ha.

(9) Grasslands occupy 69 % of the total agricultural area in England, Scotland and Wales of which 46 % is extensive and 54 % managed grassland. 31 % of the total agricultural area is arable land.

(10) The supporting documents presented in the notification show that the proposed amount of 250 kg per hectare per year nitrogen from grazing livestock manure in grassland farms is justified on the basis of objective criteria such as high net precipitation, long growing seasons and high yields of grass with high nitrogen uptake.

(11) The Commission, after examination of the request, considers that the proposed amount of 250 kg per hectare will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.

(12) This Decision should be applicable in connection with the action programmes for England, Scotland and Wales for the period 2009 to 2012.

(13) The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,

HAS ADOPTED THIS DECISION:

(1)

OJ L 375, 31.12.1991, p. 1.