2007/697/EC: Commission Decision of 22 October 2007 granting a derogation requested by Ireland 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) 5095)
Date: 2007-10-22
Institutions: European Commission
Subjects: Ireland, chemical salt, derogation from EU law, pollution control, pollution from agricultural sources, water pollution

30.10.2007

EN

Official Journal of the European Union

L 284/27

COMMISSION

COMMISSION DECISION

of 22 October 2007

granting a derogation requested by Ireland 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) 5095)

(Only the English text is authentic)

(2007/697/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Number 378 of 2006) was submitted on 18 October
2006.

Having regard to the Treaty
Community,

establishing the European

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)

(2)

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) therof, 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.

On 12 November 2004,
Ireland submitted to the
Commission a request for a derogation under the third
subparagraph of paragraph 2 of Annex III to Directive
91/676/EEC. An updated request, based on the revised
the
European Communities (Good Agricultural Practice for
Protection of Waters) Regulations, 2006 (Statutory Instrument

(1) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation
(EC) 1882/2003 of the European Parliament and of the Council (OJ
L 284, 31.10.2003, p. 1).

(3)

(4)

(5)

(6)

The requested derogation concerns
the intention of
Ireland to allow the application of 250 kg nitrogen per
hectare per year from livestock manure in farms with at
least 80 % grassland. A maximum of 10 000 cattle
holdings in Ireland representing 8 % of total holdings,
8 % of the Utilized Agricultural Land and 20 % of the
Livestock Unit are potentially encompassed by the dero-
gation.

The Irish legislation implementing Directive 91/676/EEC,
the European Communities (Good Agricultural Practice for the
Protection of Waters) Regulations, 2006 (Statutory instrument
No 378 of 2006), applies equally to the requested dero-
gation.

for

Irish

both

legislation

implementing

The
the Directive
91/676/EEC includes application maximum fertilisation
rates
These
maximum fertilisation rates are differentiated on the
basis of nitrogen and phosphate soil content and,
therefore,
contribution of
the
nitrogen and phosphate from the soil.

into account

phosphate.

nitrogen

take

and

in Ireland and the

The Third report on the implementation of the Nitrates
Directive
recent Environmental
Protection Agency reports covering the period 2001-
2003 submitted to the Commission showed that mean
nitrate concentration recorded in groundwater is of the
order of 2,5 mg/L N and concentrations greater than 50
mg/L nitrates were recorded in no more than 2 % of the
sampling points. Data on water quality in rivers for the
period 2000-2003 showed that the mean value in Euro-
waternet monitoring stations is 6,9 mg/L nitrates.

L 284/28

EN

Official Journal of the European Union

30.10.2007

(7)

(8)

(9)

trends

in nitrates

70 % of groundwater monitoring sites showed stable or
decreasing
rivers
recorded an improved quality in 2001-2003 compared
to the previous reporting period 1995-1997 and reversed
a decline in water quality that had been in evidence since
the late 1980’. A decline of hypertrophic lakes was also
noticed.

concentration;

Ireland, in conformity with paragraph 5 of article 3 of
Directive 91/676/EEC, applies an action programme
to the
throughout
European Communities (Good Agricultural Practice for
the
Protection of Waters) Regulations, 2006 (Statutory instrument
No 378 of 2006).

its whole

according

territory

(13)

(14)

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

This Decision should be applicable in connection with
the action programme of Ireland, European Communities
(Good Agricultural Practice for the Protection of Waters) Regu-
lations, 2006 (Statutory instrument No 378 of 2006).

(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,

The number of livestock and the utilisation of chemical
fertilisers decreased in the last decade. Cattle, pig and
sheep number decreased respectively by 7 %, 3 % and
17 % in the period 1997-2004. Average nitrogen
loading from livestock manure in 2004 was 103 kg/ha,
with a significant decline compared to 140 kg/ha in
1998. Phosphorus (P) average loading was 16 kg/ha.
Chemical nitrogen fertiliser use decreased by 21 % in
the period 1999 to 2005, phosphate fertiliser use
declined by 37 % in the period 1995 to 2005.

HAS ADOPTED THIS DECISION:

Article 1

The derogation requested by Ireland by letter of 18 October
2006, for the purpose of allowing a higher amount of livestock
manure than that provided for in the first sentence of the
second subparagraph of paragraph 2 of Annex III to Directive
91/676/EEC and in point (a) thereof, is granted, subject to the
conditions laid down in this Decision.

(10)

In Ireland ninety percent of agricultural land is devoted
to grassland with prevalence of grassland types well
suited for grassland production. Overall,
in grassland
farms, 47 % of land area is farmed extensively and has
therefore a relatively low stocking rate and low fertiliser
inputs, 36 % is
agro-environmental
farmed under
(Rural Environment Protection Scheme,
programmes
REP Scheme) and only 7 % is farmed intensively; 10 %
is used for arable agriculture. Average chemical fertiliser
use on grassland is 82 kg/ha nitrogen and 7,6 kg/ha
phosphorus.

Article 2

Definitions

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

(a)

‘Grassland farms’ means holdings where 80 % or more of
the agricultural area available for manure application is
grass,

(11)

Irish climate, characterised by an annual rainfall evenly
distributed throughout the year and a relatively narrow
annual temperature range promote a long grass-growing
season ranging from 330 days per year in the south-west
to around 250 days per year in the north-east.

(b) ‘Grazing livestock’ means cattle (with the exclusion of veal

calves), sheep, deer, goats and horses,

(c)

‘Grass’ means permanent grassland or temporary grassland
(temporary implying leys of less than four years).

(12)

The technical and scientific documents presented in the
Irish notification show that the proposed amount of 250
kg per hectare per year nitrogen from grazing livestock
manure in farms with at least 80 % grassland is justified
on the basis of objective criteria such as long growing
seasons and crops with high nitrogen uptake.

Article 3

Scope

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

30.10.2007

EN

Official Journal of the European Union

L 284/29

Article 4

(d) the foreseeable nitrogen and phosphorus crop requirements;

Annual authorisation and commitment

Farmers who want

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

from a derogation shall

(e)

the amount and the type of manure delivered outside the
farm or to the farm;

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.

(f)

results of soil analysis related to N and P soil status if
available;

The competent authorities shall ensure that all the appli-
3.
cations for derogation are submitted to administrative control.
Where the control carried out by the national authorities of the
applications referred to in 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 appli-
cation shall be considered to be refused.

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 not exceed the foreseeable
nutrient demand of the considered crop and take into account
the supply from the soil. Total nitrogen application shall be
differentiated on the basis of stocking rate and grassland
productivity.

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 chemical fertilisers. It
shall be available in the farm by 1 March at the latest.

The fertilisation plan shall include the following:

(a)

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

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

each field (parcels of
cropping and soil type);

(h) application of nitrogen and phosphorus with chemical and

other fertilisers over each field.

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

Fertilisation accounts,

4.
including information related to
management of soiled water, shall be kept by each farm.
They shall be submitted to the competent authority for each
calendar year.

5.
Each grassland farm benefiting from an individual dero-
gation shall accept that the application referred to in paragraph
1 of Article 4, the fertilisation plan and the fertilisation accounts
can be subject to control.

Nitrogen and phosphorous analysis

6.
shall be
performed for each farm which benefits from an individual
least every four years for each homogeneous
derogation at
area of the farm, with regard to crop rotation and soil cha-
racteristics. At least one analysis per five hectares of land shall
be required.

in soil

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

Article 6

Land management

80 % or more of the area available for manure application on
farms shall be cultivated with grass. Farmers benefiting from an
individual derogation shall carry out the following measures:

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

storage) and phosphorus produced in the farm;

(a)

temporary grassland shall be ploughed in spring;

(c)

the crop rotation and area of each crop, including a sketch
map indicating location of individual fields;

(b) ploughed grass on all soil types shall be followed imme-

diately by a crop with high nitrogen demand;

L 284/30

EN

Official Journal of the European Union

30.10.2007

(c) crop rotation shall not include leguminous or other plants
fixing atmospheric nitrogen. This however will not apply to
clover in grassland with less than 50 % clover and to cereals
and pea undersown with grass.

Article 7

Other measures

Ireland shall ensure that use of the derogation shall be without
prejudice to the measures needed to comply with other
Community environmental legislation.

Article 8

Monitoring

showing

the percentage of

livestock and percentage of agricultural

grassland farms,
1. Maps
land
percentage of
covered by individual derogation in each County, 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 by 1 March 2008.

2. Monitoring of the farms covered by the action programme
and the derogation shall be carried out in agricultural moni-
toring catchments established according to the Irish action
programme. The reference monitoring catchments shall be
representative of
intensity
and fertilisation practices.

the different soil

levels of

types,

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.

4. Monitoring of shallow groundwater, soil water, drainage
water and streams in farms belonging to the agricultural
catchment monitoring sites shall provide data on nitrate and
phosphorus concentration in water leaving the root zone and
entering groundwater and surface water.

5.
A reinforced water monitoring shall be conducted for
agricultural catchments located in proximity to most vulnerable
lakes and particularly vulnerable aquifers.

A study shall be conducted in order to collect, by the end
6.
the derogation period, detailed scientific information on
of
intensive grassland systems in Ireland. This study will
focus
on nitrate leaching under intensive dairy production systems
in vulnerable soil types (sand and sandy loam) in representative
areas.

Article 9

Controls

1.
The competent national authority shall carry out admi-
nistrative 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 nitrogen and phos-
phorus maximum fertilisation rates and conditions on land use.

A programme of

field inspections shall be established
2.
the previous
based on risk analysis, results of controls of
years and results of general random controls of
legislation
implementing Directive 91/676/EEC. The field inspections
shall cover at least 3 % of farms benefiting from an individual
derogation in respect to the conditions set out in Article 5
and 6.

Article 10

Reporting

1.
The competent authority shall submit the results of the
monitoring every year to the Commission, with a concise report
on water quality evolution and evaluation practice. The report
shall provide information on how the evaluation of the imple-
mentation of the derogation conditions is carried on through
controls at
farm level and include information on non
compliant farms based on results of administrative and field
inspections.

The first report shall be transmitted by June 2008, and subse-
quently every year by June.

The results thus obtained will be taken into consideration
2.
by the Commission with regard to an eventual new request for
derogation.

Article 11

Application

This Decision shall apply in the context of the Irish Action
programme as implemented in the European Communities (Good
Agricultural Practices for Protection of Waters) Regulations 2006
(Statutory Instrument No 378 of 2006) of 18 July 2006.
It
shall expire on 17 July 2010.

This Decision is addressed to Ireland.

Article 12

Done at Brussels, 22 October 2007.

For the Commission

Stavros DIMAS
Member of the Commission