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)

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)

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) Belgium submitted to the Commission a request for a derogation under third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC referred to the region of Wallonia.

(3) The requested derogation concerns the intention of Belgium to allow the application in Wallonia of up to 230 kg nitrogen per hectare per year from livestock manure in specific holdings with more than 48 % of acreage as grassland. The nitrogen application from livestock manure on grassland would not exceed 230 kg per hectare per year, while on arable crops of these farms it would not exceed 115 kg/ha nitrogen per hectare per year.

(4) The designation of nitrates vulnerable zones in respect to Wallonia, in conformity with paragraphs 2 and 4 of Article 3 of Directive 91/676/EEC, covers approximately 42 % of this region’s territory and 54 % of utilised agricultural land.

(5) Approximately 500 farms, corresponding to 5,6 % of total number of farms in nitrate vulnerable zones, and 3 % of the Utilised Agricultural Land are estimated to be encompassed by the derogation.

(6) The legislation implementing Directive 91/676/EEC in Wallonia ‘Arrêté du Gouvernement wallon du 15 février 2007 modifiant le Livre II du Code de l’Environnement constituant le Code de l’Eau en ce qui concerne la gestion durable de l’azote en agriculture’ has been adopted and applies equally to the requested derogation.

(7) Water quality data submitted show that in Wallonia in 2005 average nitrate concentration in surface water in nitrate vulnerable zones was 16,7 mg/L, with stable or decreasing trends in 84 % of monitoring sites in the period from 2001 to 2005. Median groundwater concentration in 2005 was 24,8 mg/L nitrates, with stable or decreasing trends in 74 % of monitoring sites in the period from 2001 to 2005.

(8) Average nitrogen input per hectare from livestock manure decreased by 12 % since 1990 and in 2004 was 101 kg/ha of Utilised Agricultural Land, of which 94 % from cattle manure, 3 % from pig manure and 2 % from poultry manure. Average application of chemical fertilisers decreased for both nitrogen and phosphate since 1990, respectively by 19 % and by 49 % and in 2004 was on average of 109 kg/ha and 28 kg/ha respectively for nitrogen and phosphate.

(9) The supporting documents presented in the notification show that the proposed amount of 230 kg per hectare per year of nitrogen from manure is justified on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake.

(10) The Commission after examination of the request considers that the proposed amount of 230 kg per hectare per year nitrogen from manure will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.

(11) This Decision should be applicable in connection with the second action programme in force for the region of Wallonia for the period 2007 to 2010.

(12) 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. Directive as amended by Regulation (EC) No 1882/2003 of the Eurpean Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).