149.

I therefore propose that the Court should rule as follows: (1) The French Republic has failed to fulfil its obligations under Article 5(4) of, and Annexes II.A, points 1, 2, 3 and 5, and III.1, points 1 to 3, III.2 and III.3 to, Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources in so far as: — the Order of 6 March 2001 concerning the national action programmes to reduce water pollution caused by nitrates from agricultural sources to be implemented in vulnerable zones does not contain any prohibition on the land application of Type I fertiliser in the case of large autumn crops; — Annex I, Part I, to the Order of 19 December 2011 concerning the national action programmes to reduce water pollution caused by nitrates from agricultural sources to be implemented in vulnerable zones contains only minor restrictions on the application of Type I fertiliser to grassland which has been sown for over six months; — the Order of 6 March 2001 prohibited the land application of Type I fertiliser in the case of large spring crops only between 1 July and 31 August; — the Order of 6 March 2001 prohibited the land application of Type II fertiliser in the case of large autumn crops only between 1 November and 15 January; — the Order of 6 March 2001 prohibited the land application of Type III fertiliser in the case of large autumn crops and Type II fertiliser in the case of large spring crops only up until 15 January, — Annex I, Part I, to the Order of 19 December 2011 does not prohibit the application of Type II fertiliser to grassland which has been sown for over six months from 15 September, — Annex I, Part I, to the Order of 19 December 2011 does not prohibit the application of Type III fertiliser to grassland which has been sown for over six months in mountain areas in February, when the temperatures there remain below 5 degrees; — the livestock manure storage capacities prescribed in Article 2(I)(1) and (2) of, and Annex I, Part II, to, the Order of 19 December 2011 are calculated on the basis of land application prohibition periods which are too short; — Annex I, Part II(2), to the Order of 19 December 2011 permits the field storage of compact straw manure for up to ten months without requiring that the manure be sealed from the ground and covered; — the Order of 6 March 2001 did not contain sufficiently specific provisions on the balanced application of fertiliser; — in establishing the excretion values for dairy cows, the Order of 6 March 2001 did not take proper account of the differences in milk production and was based on an excessively high volatilisation coefficient; — the establishment of excretion values for cattle other than dairy cows and for poultry, sheep, goats, horses and rabbits in Annex II to the Order of 19 December 2011 was based on excessively high volatilisation coefficients; — in the case of ground in proximity to surface waters, there is no prohibition on the application of fertiliser to slopes with a gradient in excess of 15% or the surface application of fertiliser to fallow land with a gradient of between 8% and 15%; and — point 2.5(3) of the Annex to the Order of 6 March 2001 permits fertiliser to be applied to ground which alternately thaws and freeze again within 24 hours and provides for the possibility, under certain conditions, of permitting the application of Type I and Type III fertiliser to frozen ground and the application of Type I fertiliser to snow-covered ground. (2) The action is dismissed as to the remainder. (3) The French Republic is ordered to pay the costs.