2002/915/EC: Commission Decision of 18 November 2002 concerning a request for derogation under paragraph 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning protection of waters against pollution caused by nitrates from agricultural sources (notified under document number C(2002) 464)
Date: 2002-11-18
Institutions: European Commission
Subjects: Denmark, agricultural waste, cattle, chemical salt, derogation from EU law, pollution control, pollution control measures, pollution from agricultural sources

L 319/24

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Official Journal of the European Communities

23.11.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 18 November 2002

concerning a request for derogation under paragraph 2(b) of Annex III to and Article 9 of Council
Directive 91/676/EEC concerning protection of waters against pollution caused by nitrates from
agricultural sources

(notified under document number C(2002) 464)

(Only the Danish text is authentic)

(2002/915/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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 paragraph 2(b) of Annex III thereto,

Whereas:

(1)

Paragraph 2(b) of Annex III to Directive 91/676/EEC
if a Member State allows a different
provides that
amount of manure to be applied per hectare each year
than the one specified in paragraph 2 of Annex III and
subparagraph (a) of Annex III,
inform the
Commission which will examine the justification in
accordance with the procedure laid down in Article 9 of
Directive 91/676/EEC.

it shall

These amounts must be fixed so as not to prejudice the
achievement of the objectives specified in Article 1 of
Directive 91/676/EEC and must be justified on the basis
of objective criteria, for example:

— long growing seasons,

— crops with high nitrogen uptake,

— high net precipitation in the vulnerable zone,

— soils with exceptionally high denitrification capacity.

This Decision in particular applies to the first and second
of the above criteria.

(1) OJ L 375, 31.12.1991, p. 1.

(3)

(4)

(5)

(6)

Denmark informed the Commission on 2 July 1998 of
its intention to apply a derogation under paragraph 2(b)
of Annex III to Directive 91/676/EEC with regard to the
action programme established under Article 5 of the
Directive, and completed this request by technical docu-
ments on 2 December 1999, 30 June 2000, 20
November 2000 and 8 October 2001.

Denmark intends to allow the application of livestock
manure, comparable to 230 kg nitrogen per hectare per
year on specific cattle holdings with an average of 90 %
of agricultural
land available for manure application,
cropped by grass, grass catch crops or beets and other
crops being undersown by grass with low nitrate
leaching potential.

fixing atmospheric
No leguminous or other plants
nitrogen will be cropped in these farms and clover in
grassland will be limited by adapted practices.

This derogation applies to approximately 10 % of the
total number of livestock units in Denmark based on
nitrogen equivalent in animal manure, and 5 % of the
agricultural surface.

Cattle holdings with more than 250 livestock units must
obtain an approval following the Danish implementation
of the Integrated Pollution Prevention and Control Direc-
tive from the Municipality ensuring that manure use is
in compliance with local needs for water protection. The
cattle holdings, that in the next eight years must obtain
an approval, correspond to 6 to 8 % of the national
cattle herd.

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Official Journal of the European Communities

L 319/25

(7)

(8)

(9)

Development of organic farming is a high priority for
the Danish government. Organic cattle holdings allow
only 140 kg nitrogen per hectare and reduce conse-
quently nitrogen leaching of more than 10 %. Organic
dairy farming in 1998 covers approximately 50 000
the national
livestock units corresponding to 5 % of
cattle herd and the prognosis for 2003 is that organic
dairy farming covers 130 000 livestock units, equivalent
to 15 % of the national cattle herd.

Denmark on 6 June 1997 notified legislation to the
Commission in order to transpose the Directive into
Danish law. Denmark on 2 July 1998 notified additional
legislation to the Commission in order to implement
fully the Directive. The legislation as notified is consid-
ered to be in compliance with the Directive. The provi-
sions of that legislation apply equally to the notified
derogation.

Action programmes are established with objectives for
the aquatic environment
to be attained through the
appropriate associated reduction targets for nutrient
discharges,
i.e. elimination of point source farm-waste
discharges and reduction of leaching losses to a level
corresponding to an average of approximately 50 kg
nitrogen per hectare annually which will ensure compli-
ance with the objective of the Directive of a maximum
of 50 mg/l of nitrates in groundwater.

(10) Denmark's implementation of the Nitrates Directive is
based on a stringent interpretation of the provisions of
the Directive, in this context in particular the calculation
of livestock units, nitrogen content of manure and the
calculation of the acreage available for application of
manure.

— development in the nutrient content in near-surface

groundwater,

— development in the agricultural use of nutrients,

— size of and development

in the agricultural

field

discharge.

(14)

The Danish action program for implementation of the
Nitrates Directive includes a comprehensive set of
general regulations setting standards for animal housing,
manure containers, field application of livestock manure
and fertiliser management. These regulations are based
on acts and statutory orders.

(15) As part of

the implementation considering manure
handling includes requests for animal houses built with
appropriate drainage and collection of all manure and
liquid waste, nine months storage capacity, tight floating
cover on open liquid manure containers and limitations
on manure spreading to certain times of the year. A
control system has been set up by the municipalities to
ensure compliance with these rules.

(16)

Each livestock holding must ensure a balance between
agricultural
land and number of livestock units corre-
sponding to 170 kg nitrogen per hectare in animal
manure (210 kg N/ha for cattle holdings) until 2002
and after 2002 the balance shall be equivalent
to
140 kg N/ha (170 kg N/ha for cattle holdings). Acreage
available for manure application excludes land that does
not require fertilisation,
land where livestock manure
cannot be applied under normal conditions and land
designated as set-aside acreage.

The Danish implementation of the Nitrates Directive is
aimed at ensuring full achievement of the environmental
objectives of the Directive as set out in Article 1.

(17)

The nitrogen content of livestock manure is understood
as the amount of total nitrogen in excreta minus volatile
losses of ammonia in animal housing systems and
during storage (10 % volatile losses being the maximum
allowed for calculations).

(11)

(12)

The national monitoring program set up in agricultural
areas contributes to the demonstration of the effect of
the initiatives under the action programmes. The results
will contribute to the basis for decision on additional
measures or reinforced actions if it becomes apparent
that the measures already taken are not sufficient for
the
achieving the objective specified in Article 1 of
Directive.

(13)

The objective of the national monitoring programme is
to demonstrate:

— development in the agricultural contribution to water

pollution,

— relations

between agricultural praxis
discharge of nutrients to the environment,

and

the

— reduction of the amount of nutrients in water leaving

the root zone until it rejoins the watercourses,

(18) As part of the implementation an increase in efficiency
of utilisation of nitrogen content of manure (cattle
slurry) from the present 60 % to a minimum of 65 % in
the fertilisation year 2001/2002 is prescribed. A reduc-
tion of nitrogen fertilisation norms by 10 % below the
economic optimum is prescribed, determined annually
on the basis of numerous field trials.

(19) All agricultural holdings must draw up crop rotation
and fertilisation plans each year covering the period 1
August to 31 July. Such plans must be submitted to the
competent authority. Such plans covering the period 1
August to 31 March the following year must be available
to the authorities by 1 September at the latest. By 31
March such plans covering the whole of the period must
be available. Crop rotation plans must specify green
crops (catch crops, winter grain cereals and crops with a
long growing season). Fertilisation plans must include
the estimated need for nitrogen and phosphorous

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application according to the economic optimal and
specifying the nature of fertiliser to be used (e.g. live-
stock manure, waste products, chemical fertiliser). Fertili-
sation plans must include a sketch map indicating loca-
tion of individual fields. Such plans must be revised no
later than seven days following any changes in agricul-
tural practices to ensure consistency between plans and
actual agricultural practices. These regulations are based
on acts and statutory orders.

Fertilisation norms, crop nitrogen requirements and the
relationship between these, in terms of permitted fertili-
sation, are stipulated in Statutory Orders.

Empirical models and calculations, presented in the
Danish notification, based on amounts of manure and
chemical fertiliser, crop type and soil type, show that a
leaching of nitrate below 50 kg nitrogen per hectare
annually could be reached with some complementary
preventive measures on farming practices. The above
models and calculations indicate that compliance with
the objective of a maximum of 50 mg per litre of
nitrates in groundwater at watershed level and consid-
ering denitrification is ensured.

Calculations presented by Denmark show the possibility
of further reducing the amount of chemical fertiliser to
ensure a higher efficiency of nitrogen uptake from
applied manure in case monitoring shows a need for
reduction of total nitrogen applied. Such further reduc-
tion of leaching shall ensure compliance with the above
leaching target.

(20)

(21)

(22)

(23) Maps showing the percentage of fields cultivated under

this Decision will be presented every two years.

representative monitoring from intensive
Results of
cattle holdings in the approximately 1 500 ha agricul-
tural catchment monitoring program relevant
to the
situation covered by this Decision will be presented in
order to show practical compliance with the conditions
of this Decision.

This Decision is applicable within the framework of the
Danish action programs adopted for the years 1999
to 2003.

The Commission, having examined the justification of
Denmark's request, is satisfied that the amount fixed and
the conditions for its application will not prejudice the
achievement of the objectives of the Directive, as speci-
fied in Article 1.

(24)

(25)

(26)

(27)

HAS ADOPTED THIS DECISION:

Article 1

Denmark's request submitted by letter of 2 July 1998 asking
the Commission to allow derogation under paragraph 2(b) of
Annex III to Directive 91/676/EEC is approved, subject to the
conditions laid down hereunder.

Article 2

Definitions

— ‘Cattle farms’ means holdings with more than three live-
stock units, where at least two-thirds of livestock are cattle,

— ‘grass’ means permanent or temporary grassland (generally

temporary lies less than four years),

— ‘crops being undersown by grass’: silage cereals, silage
maize and/or spring barley, to be undersown before (maize)
or after harvest, by grass which will act as a catch crop, for
biological retention of nitrogen residual during winter,

— ‘beets’ means forage beets.

Article 3

Scope

This derogation applies, on an individual basis, to cattle farms
where the crop rotation includes more than 70 % of particu-
larly nitrogen consuming crops, with a long growing season.
Farmers, who will annually submit an application to the
competent authorities, shall give written commitment to fulfill
the conditions prescribed in Articles 4 and 5.

Article 4

Application of manure and other fertilisers

The amount of livestock manure applied to the land each year
on cattle holdings, including by the animal themselves, shall
not exceed the amount of manure containing 230 kg nitrogen,
under the following conditions:

— the total nitrogen inputs will comply with the nutrient
demand of the considered crop and the supply from the
soil, the fertilisation rate being fixed 10 % under optimal
economic level,

— a fertilisation plan and account will be kept for each farm,

The measures provided for in this Decision are in accor-
dance with the opinion of 6 December 2001 of the
Committee set up pursuant to Article 9 of Directive 91/
676/EEC,

— each farm must annually submit an application together
with the fertilisation account to the competent national
authority and accept that they can be subject to random
control,

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Official Journal of the European Communities

L 319/27

— periodic autumn and spring nitrogen and phosphorous
analysis in soil will be done by each farmer who is granted
derogation (at least every three years per 5 ha of land), for
accurate fertilisation,

— no manure will be spread in the autumn before a grass
cultivation, and the ploughing will be followed by a high
nitrogen demanding crop.

Article 5

Land cover

1.
70 % or more of the acreage available for manure applica-
tion on the cattle holding in question shall be cultivated with
grass, grass catch crops or beets and other crops being under-
sown by grass with low nitrate leaching potential.

2.
Grass catch crops shall not be ploughed before 1 March
in order to ensure permanent vegetal cover of arable area for
recovering subsoil autumn losses of nitrates and limit winter
losses.

3.

Temporary grasslands shall be ploughed in spring.

Article 6

Monitoring

Two maps, showing the percentage of farms and percen-
1.
tage of agricultural
land encompassed by the derogation in
each municipality of Denmark, shall be updated every year, and
transmitted to the Commission. The first submission will take
place in the last quarter of 2002.

2.
Survey and continuous nutrient analysis shall be carried
out in the national monitoring program on reference sites on
sandy and clay soils providing data on local land use, crop rota-
tions and practices on cattle holdings. These data can be used
for model-based calculations of
the magnitude of nitrate
leaching from fields where up to 230 kg nitrogen in livestock
manure is applied based on scientific principles.

3.
In order to prove that the derogation will not jeopardise
the objective of national action program and the Directive, a
network of sampling of ditches with drainage waters and of

shallow groundwater established as agricultural catchment
monitoring sites under the national monitoring program shall
be maintained to provide data on state of nitrate content in
water leaving the root zone and entering the groundwater
system.

Article 7

Reporting

The results of the monitoring shall be transmitted every year to
the Commission, with a concise report on evaluation practice
(controls at farm level) and water quality evolution (based on
root zone leaching monitoring, surface/ground water quality
and model-based calculations). Based on initial assessment, first
results shall be transmitted at the end of 2002, and a second
report at the end of 2003.

Article 8

Validity

This derogation is valid until 1 August 2004.

Article 9

Extension

Following a request of the Danish authorities, the Commission
could extend the derogation period, taking into account, inter
alia, the results of monitoring.

Article 10

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 18 November 2002.

For the Commission

Margot WALLSTRÖM

Member of the Commission