2005/880/EC: Commission Decision of  8 December 2005  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 number C(2005) 4778)
Date: 2005-12-08
Institutions: European Commission
Subjects: Netherlands, agricultural holding, crop rotation, derogation from EU law, nitrogen, organic fertiliser, phosphorus, pollution from agricultural sources, soil conditioning, water pollution, water protection

10.12.2005

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Official Journal of the European Union

L 324/89

COMMISSION DECISION

of 8 December 2005

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 number C(2005) 4778)

(Only the Dutch text is authentic)

(2005/880/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty
Community,

establishing the European

Dutch

legislation

implementing

The
Directive
91/676/EEC includes application standards both for
nitrogen and phosphate. Application standards related
to phosphate are aimed to achieve an equilibrium in
phosphate fertilisation by 2015.

to

regard

Council Directive

Having
of
12 December 1991 concerning the protection of waters
against
from agricultural
by
sources (1), and in particular subparagraph (b) of paragraph 2
of Annex III thereto,

91/676/EEC

pollution

nitrates

caused

Whereas:

(1)

(2)

(3)

(4)

If the amount of manure that a Member state intends to
apply per hectare each year is different from the one
specified in introductory sentences of paragraph 2 and
subparagraph (a) of Annex III to Directive 91/676/EEC,
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,
long
growing seasons and crops with high nitrogen uptake.

in the present case,

On 8 April 2005,
the Netherlands submitted to the
Commission a request for a derogation under subpar-
agraph (b) of paragraph 2 of Annex III
to Directive
91/676/EEC.

The requested derogation concerns the intention of the
Netherlands to allow the application of 250 kg nitrogen
per hectare per year from livestock manure in farms with
at least 70 % grassland. Approximately 25 000 farms in
the Netherlands and approximately 900 000 hectares are
concerned by that request for derogation.

Dutch

The
Directive
91/676/EEC has been adopted and applies equally to
the requested derogation.

implementing

legislation

(1) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(6)

fertilisers

The Netherlands addressed the issue of nutrient surplus
from manure and mineral
through several
policy instruments and in the period 1992 to 2002
decreased cattle numbers by 17 %, pigs by 14 % and
sheep and goats by 21 %. Nitrogen and phosphorus in
manure decreased respectively by 29 and 34 % in the
period 1985 to 2002. Nitrogen and phosphorus
surpluses decreased respectively by 25 and 37 %, in the
period 1992 to 2002.

(7) Water quality data
groundwater nitrate
concentration (including phosphorus) in surface water.

show a downwards
trend in
concentration and in nutrient

(8)

(9)

(10)

The technical and scientific documents presented in the
Dutch notification show that the proposed amount of
250 kg per hectare per year nitrogen from cattle
least 70 % grassland is
manure in farms with at
compatible with the
level of
the
11,3 mg/l N (corresponding to 50 mg/l NO3) in water
in all soil types, and to approximately a zero phosphorus
surplus, under conditions of optimal management.

achievement of

The technical and scientific documents presented show
that the proposed amount of 250 kg per hectare per year
nitrogen from cattle manure in farms with at least 70 %
grassland is justified on the basis of objective criteria
such as long growing season and crops with high
nitrogen uptake.

The Commission considers therefore that the amount of
manure requested by the Netherlands will not prejudice
the
of Directive
91/676/EEC, subject to certain strict conditions being
met.

achievement

objectives

the

of

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(11)

(12)

through fertiliser

These conditions include the establishment of fertiliser
plans on a farm by farm basis, the recording of fertiliser
accounts, periodic
practices
soil
analysis, green cover
in winter after maize, specific
provisions on grass ploughing, no manure application
fertilisation
before grass ploughing and adjustment of
to take into account
leguminous
the contribution of
crops. These provisions are aimed at ensuring fertilisation
based on crop needs and reduction and prevention of
nitrogen losses to water.

In order to avoid that the application of the requested
derogation leads to intensification, the competent autho-
rities should ensure that manure production both in
terms of nitrogen and phosphorus does not
increase
beyond the level of the year 2002 in accordance with
the action programme to be implemented by the
Netherlands.

(c)

‘farm land’ means the acreage owned, rented or managed by
the farmer under another written individual contract, on
which the farmer has a direct management responsibility;

(d) ‘Grass’ means permanent grassland or temporary grassland

which lies less than four years.

Article 3

Scope

This Decision applies on an individual basis and subject to the
conditions set out in Articles 4, 5 and 6 for grassland farms.

Article 4

(13) Accordingly

the

requested

derogation

should

be

Annual authorisation and commitment

approved.

(14)

(15)

This Decision should be applicable in connection with
the action programme of the Netherlands for 2006 to
2009.

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:

Article 1

The derogation requested by the Netherlands by letter of 8 April
2005, for the purpose of allowing a higher amount of livestock
manure than that provided for in the introductory sentences
and subparagraph (a) of paragraph 2 of Annex III to Directive
91/676/EEC, is granted, subject to the conditions laid down in
this Decision.

Article 2

Definitions

For the purpose of this decision, the following definitions shall
apply:

(a)

‘grassland farms’ means holdings where 70 % or more of
the acreage available for manure application is grass;

Farmers who want

to benefit
1.
submit an application to the competent authorities annually.

from a derogation shall

Together with the annual application referred to in
the

2.
paragraph 1 they shall undertake in writing to fulfil
conditions provided for in Articles 5 and 6.

3.
The competent authorities shall ensure that all the appli-
cations for derogation and fertiliser accounts are submitted to
administrative control. Where the control carried out by the
to in
national
paragraph 1 demonstrates that the conditions provided for in
Articles 5 and 6 are not fulfilled, the applicant shall be informed
thereof. In this instance, the application shall be considered to
be refused.

authorities of

applications

referred

the

Article 5

Application of manure and other fertilisers

1.
The amount of livestock manure from grazing livestock
applied to the land each year on grassland farms, including by
the animals themselves, shall not exceed the amount of manure
containing 250 kg nitrogen per hectare,
to the
conditions laid down in paragraphs 2 to 7.

subject

2.
The total nitrogen inputs shall comply with the nutrient
demand of the considered crop and the supply from the soil.

(b) ‘grazing livestock’ means cattle (with the exclusion of veal
calves), sheep, goats and horses, donkeys, deer and water
buffalo;

3.
A fertilisation plan shall be kept for each farm describing
the crop rotation of the farmland and the planned application
of manure and nitrogen and phosphate fertilisers. It shall be
available on the farm by 1 February at the latest.

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The fertilisation plan shall include the following:

(d) the amount of fertilisers imported by the farm;

(a)

the number of livestock, a description of the housing and
including the volume of manure storage
storage system,
available;

(e)

the amount of manure offloaded from the farm and to
whom.

(b) a calculation of manure nitrogen (less losses in housing and

storage) and phosphorus produced on the farm;

(c)

the crop rotation and acreage for each crop,
sketch map indicating location of individual fields;

including a

(d) the foreseeable nitrogen and phosphorus crop requirements;

(e)

the amount and the type of manure delivered to contractors
not used on the farm land;

(f)

the amount of imported manure used on the farm land;

the contribution from organic matter
(g) a calculation of
mineralization,
atmospheric
leguminous
deposition and amount of nitrogen present in the soil at
the moment when the crop starts to use it to a significant
degree;

crops

and

(h) nitrogen and phosphorus application from manure over
the farm, homogeneous regarding

each field (parcels of
cropping and soil type);

(i) application of nitrogen and phosphorus with chemical and

other fertilisers over each field;

(j) calculations for assessment of compliance with nitrogen and

phosphorus application standards.

Plans shall be revised no later than seven days following any
changes in agricultural practices to ensure consistency between
plans and actual agricultural practices.

4.
Fertilisation accounts shall be kept by each farm. They
shall be submitted to the competent authority for each
calendar year. They shall set out the following:

(a)

the crop acreages;

(b) the number and type of livestock;

Each grassland farm benefiting from an individual dero-
5.
gation shall accept that fertiliser application and account can be
subject to control.

6.
Periodic nitrogen and phosphorous analysis in soil shall be
performed for each farm which benefits from an individual
derogation at
least every four years for each homogeneous
the farm, with regard to crop rotation and soil
area of
characteristics.

Nitrogen analysis in respect of mineral nitrogen and parameters
to assess the nitrogen contribution from organic matter miner-
alisation shall be performed after ploughing grassland, for each
homogeneous area of the farm.

In respect of the analyses referred to in the first and the second
subparagraph, one analysis per five hectares of land shall be
required as a minimum.

7. Manure may not be spread in the autumn before grass
cultivation.

Article 6

Land cover

1.
70 % or more of the acreage available for manure appli-
cation on farms shall be cultivated with grass. Farmers bene-
fiting from an individual derogation shall carry out
the
following measures:

(a) on sand and loess soil, grass or other crops ensuring soil
coverage during the winter shall be cultivated after maize in
order to substantially reduce leaching potential;

(b) catch crops shall not be ploughed before 1 February in
order to ensure permanent vegetal cover of arable area for
recovering subsoil autumn losses of nitrates and limit winter
losses;

(c)

the manure production per animal;

(c) grass on sandy and loessial soils shall be ploughed in spring;

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(d) ploughed grass on all soil types shall be followed imme-
diately by a crop with high nitrogen demand and fertili-
sation shall be based on soil analysis concerning mineral
nitrogen and other parameters providing references for
estimate of nitrogen release from soil organic matter miner-
alisation;

Shallow groundwater,

soil water, drainage water and
4.
streams in farms belonging to the monitoring network shall
provide data on nitrate and phosphorus concentration in
water leaving the root zone and entering the groundwater
and surface water system.

(e)

if crop rotation includes leguminous or other plants fixing
atmospheric nitrogen fertiliser application shall be reduced
accordingly.

By way of derogation from point (c) grass ploughing is

2.
permitted in autumn for planting flowers bulbs.

Article 7

Measures on manure production

A reinforced water monitoring shall address agricultural

5.
catchments in sandy soils.

Article 9

Controls

The competent national authority shall carry out admin-
1.
istrative controls in respect of all
farms benefiting from an
individual derogation for the assessment of compliance with
the maximum amount of 250 kg nitrogen per hectare per
year from grazing livestock manure, with total nitrogen and
phosphate application standards and conditions on land use.

The national authorities shall ensure that manure production
both in terms of nitrogen and phosphorus will not increase
beyond the level of the year 2002.

A programme of inspections shall be established based on
2.
risk analysis, results of controls of the previous years and results
of general
legislation implementing
Directive 91/676/EEC.

random controls of

Article 8

Monitoring

showing

the percentage of

livestock and percentage of agricultural

grassland farms,
1. Maps
percentage of
land
covered by individual derogation in each municipality, shall
be drawn by the competent authority and shall be updated
every year.

Those maps shall be submitted to the Commission annually and
for the first time in the second quarter of 2006.

2.
A monitoring network for sampling of soil water, streams
and shallow groundwater shall be established and maintained as
derogation monitoring sites.

The monitoring network, corresponding to at least 300 farms
benefiting from individual derogations, shall be representative of
each soil type (clay, peat, sandy and sandy loessial soils), ferti-
lisation practices and crop rotation. The composition of the
monitoring network shall not be modified during the period
of applicability of this Decision.

3.
Survey and continuous nutrient analysis shall provide data
on local land use, crop rotations and agricultural practices on
farms benefiting from individual derogations. Those data can be
used for model-based calculations of the magnitude of nitrate
leaching and phosphorus losses from fields where up to 250 kg
nitrogen per hectare per year in manure from grazing livestock
is applied.

Specific inspections shall address at least 5 % of farms benefiting
from an individual derogation with regard to land use, livestock
number and manure production.

Field inspections shall be carried out in at least 3 % of farms in
respect to the conditions set out in Article 5 and 6.

Article 10

Reporting

The competent authority shall submit the results of the
1.
monitoring, every year,
to the Commission, with a concise
report on evaluation practice (controls at farm level, including
information on non compliant farms based on results of admin-
istrative and field inspections) and water quality evolution
(based on root zone leaching monitoring,
surface/ground
water quality and model-based calculations).

The first report shall be transmitted by March 2007, and subse-
quently every year by March in 2008, 2009 and 2010.

In addition to the data referred to in paragraph 1 the

2.
report shall include the following:

(a) data related to fertilisation in all farms which benefit from

an individual derogation;

(b) trends in livestock numbers for each livestock category in

the Netherlands and in derogation farms;

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(c)

trends in national manure production as far as nitrogen and
phosphate in manure are concerned;

(d) a summary of the results of controls related to excretion
coefficients for pig and poultry manure at country level.

3.
The results thus obtained will be taken into consideration
by the Commission with regard to an eventual new request for
derogation by the Dutch authorities.

In order to provide elements regarding management in
4.
grassland farms,
for which a derogation applies, and the
achieved level of optimisation of management, a report on
fertilisation and yield shall be prepared annually for
the
different soil types and crops by the competent authority and
submitted to the Commission.

Article 11

Application

This Decision shall apply from 1 January 2006.

It shall expire on 31 December 2009.

Article 12

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 8 December 2005.

For the Commission

Stavros DIMAS
Member of the Commission