Commission Implementing Decision of 16 May 2014 granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2014) 3103) (Only the Dutch version is authentic) (2014/291/EU)

Commission Implementing Decision

of 16 May 2014

granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources

(notified under document C(2014) 3103)

(Only the Dutch version is authentic)

(2014/291/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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 8 December 2005, the Commission adopted Decision 2005/880/EC(2) allowing the application of grazing livestock manure up to a limit of 250 kg nitrogen per hectare per year, under certain conditions, in farms with at least 70 % grassland.

(3) On 5 February 2010, the Commission adopted Decision 2010/65/EU(3), amending Decision 2005/880/EC and extending the derogation to 31 December 2013.

(4) The derogation thus granted concerned 21 752 farms in 2012, corresponding to 46 % of the total net agricultural area.

(5) On 22 January 2014, the Netherlands submitted to the Commission a request for renewed derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.

(6) The Netherlands, in conformity with paragraph 5 of Article 3 of Directive 91/676/EEC, applies an action programme throughout its whole territory.

(7) The Dutch legislation implementing Directive 91/676/EEC includes application standards both for nitrogen and phosphate.

(8) The data reported by the Netherlands concerning the period 2008-2011, show an increase of 7 % pig numbers and of 8 % poultry numbers as compared to the period 2004-2007. The numbers of cattle, sheep and goats remained stable. The competent authorities in the Netherlands have set limitations on the number of pigs and poultry coupled with the commitment that manure production both in terms of nitrogen and phosphorus will not increase beyond the level of the year 2002. Moreover, as from January 2015, the competent authorities in the Netherlands shall ensure that an appropriate share of surplus manure from the dairy sector is processed. These measures are necessary to ensure that the application of the current derogation would not lead to further intensification.

(9) Nitrogen use from livestock manure in the period 2008-2011 was 344 thousand tonnes, with a slight decrease as compared to 2004-2007. Chemical N fertiliser use decreased by around 18 % in the period 2008-2011 compared to 2004-2007. Phosphorus surplus in the period 2008-2011 was 16 thousand tonnes with a decline of 51 % compared to 2004-2007.

(10) The climate in the Netherlands, characterised by an annual rainfall evenly distributed throughout the year and a relatively narrow annual temperature range promote a long grass-growing season of 250 days per year.

(11) The information provided by the Dutch authorities in the context of the derogation granted by Decision 2010/65/EU, indicates that the derogation has not led to a deterioration of water quality. The Report from the Commission to the Council and the European Parliament on the implementation of Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources based on Member State reports for the period 2008-2011 shows that in the Netherlands for groundwater, around 88 % of monitoring stations have mean nitrate concentrations below 50 mg/l and 79 % of monitoring stations have mean nitrate concentrations below 25 mg/l. Monitoring data show a downward trend in nitrate concentration in groundwater as compared to the previous reporting period (2004-2007). For surface water, 98 % of monitoring stations have mean nitrate concentrations below 50 mg/l and 92 % of monitoring stations have mean nitrate concentrations below 25 mg/l. The majority of monitoring points in surface waters shows a stable or decreasing trend in nitrate concentrations. The annual nitrogen and phosphorus soil surplus has been reduced, mainly through a reduction of manure and mineral fertilizer inputs due to continous decrease of nitrogen and phosphorus application standards in the Dutch action programmes. In the reporting period 2008-2011, all fresh and transitional waters were classified as either eutrophic or hypertrophic.

(12) The Commission considers that the conditions for granting derogation must be changed on the basis of the examination of the request from the Netherlands submitted on 22 January 2014 and consideration of the action programme, the information on water quality and the experience gained from the derogation granted by Decision 2010/65/EU and from the derogations in place in other Member States. Consequently the Commission considers that an amount of grazing livestock manure corresponding to 230 kg nitrogen per hectare per year can be allowed on farms with at least 80 % grassland on southern and central sandy soils and on loess soils as defined in the action programme, whereas 250 kg nitrogen per hectare per year can only be allowed on farms with at least 80 % grassland on other soils. The Commission considers that this will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.

(13) These conditions include the establishment of a fertiliser plan at farm level, the recording of fertiliser practices through fertiliser accounts, periodic soil analysis, green cover in winter after maize, specific provisions on grass ploughing, no manure application before grass ploughing, adjustment of fertilisation to take into account the contribution of leguminous crops, no application of phosphate from chemical fertilisers and reinforced controls. These conditions are aimed at ensuring fertilisation based on crop needs and reduction and prevention of nitrogen and phosphorus losses to water.

(14) The information presented by the Netherlands shows that the amount of grazing livestock manure corresponding to 230 kg nitrogen per hectare per year on farms with at least 80 % grassland in southern and central sandy soils and in loess soils as defined in the action programme and to 250 kg nitrogen per hectare per year on farms with at least 80 % grassland on other soils 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.

(15) 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.

(16) Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(4) provides for a comprehensive, cross-border approach to water protection organised around river basin districts (RBDs), with the objective of achieving good status for European bodies of water by 2015. Reducing nutrients is an integral part of that objective. Granting of derogation under this Decision is without prejudice to the provisions pursuant to Directive 2000/60/EC and does not exclude that additional measures may be needed to fulfill obligations derived from it.

(17) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)(5) lays down general rules aimed at the establishment of the Infrastructure for Spatial Information in the European Community for the purposes of Community environmental policies and policies or activities which may have an impact on the environment. Where applicable, the spatial information collected in the context of this derogation should be in line with the provisions set in this Directive. In order to reduce administrative burden and enhance data coherence, the Netherlands, when collecting the necessary data under this derogation should, where appropriate, make use of the information generated under the Integrated Administration and Control System established pursuant to Chapter II of Title V of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(6).

HAS ADOPTED THIS DECISION:

(1)

OJ L 375, 31.12.1991, p. 1.

(2)

OJ L 324, 10.12.2005, p. 89.

(3)

OJ L 35, 6.2.2010, p. 18.

(4)

OJ L 327, 22.12.2000, p. 1.

(5)

OJ L 108, 25.4.2007, p. 1.

(6)

OJ L 347, 20.12.2013, p. 549.