2007/863/EC: Commission Decision of 14 December 2007 granting a derogation requested by the United Kingdom with regard to Northern 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) 6281)
Date: 2007-12-14
Institutions: European Commission
Subjects: United Kingdom, chemical salt, derogation from EU law, pollution control, pollution from agricultural sources, water pollution

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Official Journal of the European Union

21.12.2007

COMMISSION DECISION

of 14 December 2007

granting a derogation requested by the United Kingdom with regard to Northern 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) 6281)

(Only the English version is authentic)

(2007/863/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

of total farms, 4 % of the Utilized Agricultural Land and
5 % of the Livestock Unit are potentially encompassed by
the derogation.

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,

(4)

(5)

Whereas:

(1)

(2)

(3)

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
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.

to prejudice the achievement of

On 10 August 2007, the United Kingdom submitted to
the Commission a request for a derogation under the
third subparagraph of paragraph 2 of Annex III
to
Directive 91/676/EEC with regard to Northern Ireland.

The requested derogation concerns the intention of the
United Kingdom to allow the application in Northern
Ireland of up to 250 kg nitrogen per hectare per year
from livestock manure in grassland farms. Approximately
732 holdings in Northern Ireland corresponding to 2,7 %

(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).

The legislation implementing Directive 91/676/EEC, the
Nitrates Action Programme Regulations
(Northern Ireland)
2006 (Regulations 2006 No 489), has been adopted
and applies equally to the requested derogation.

The Phosphorus (Use in Agriculture) Regulations (Northern
Ireland) 2006 set out measures governing land appli-
cation of phosphate fertilisers in order to prevent water
the application of
pollution. The regulations prohibit
chemical
the
amount is not in excess of crop requirement, requiring,
inter alia, the assessment of soil fertility status through
chemical analysis.

is demonstrated that

fertilisers unless it

(6) Water quality data submitted show that

low nitrate
concentrations are a common feature of water bodies
in Northern Ireland. In 2005 the average nitrate concen-
tration in groundwater was below 20 mg/l nitrates in
71 % of the monitoring sites and concentrations greater
than 50 mg/l nitrates were recorded in no more than 7 %
of the sampling points. Data on water quality in rivers
showed that in 2005 the mean nitrate concentration was
below 20 mg/l in 99 % of sampling points and no moni-
toring station exceeded 50 mg/l nitrates. All large lakes
had an average concentration of
less than 10 mg/l
nitrates.

(7)

(8)

According to the third report on implementation of the
Nitrates Directive 72 % of groundwater monitoring sites
showed stable or decreasing trends in nitrates concen-
tration in the period 1999-2003; nitrate concentration
in surface water was stable or declining in 87 % of
surface water monitoring stations in the same period.

In conformity with paragraph 5 of Article 3 of Directive
the Nitrates Action Programme Regulations
91/676/EEC,
(Northern Ireland) 2006 applies throughout
the whole
Northern Irish territory.

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(9)

The number of livestock and the utilisation of chemical
fertilisers decreased in the last decade. Cattle, pig and
sheep number decreased respectively by 2 %, 36 % and
22 % in the period 1995-2005. Chemical nitrogen
fertiliser use decreased by 41 % in the period 1995 to
2005 and the application rate for 2005 was 89 kg per
hectare nitrogen, phosphate fertiliser use declined by
49 % in the same period and in 2005 phosphorus use
was on average 7 kg per hectare. Nitrogen surplus at
level declined from 159 kg/ha in 1995 to
national
124 kg/ha in 2005.

(10) Due to high rainfall and the prevalence of soil with poor
drainage,
in Northern Ireland, ninety-three percent of
agricultural
land is devoted to grassland, of which a
large part
is classified as having good to very good
for grass growth. Due to impeded drainage,
potential
the denitrification potential of the majority of soils in
Northern Ireland is relatively high, reducing the nitrate
concentration in soil and,
the amount of
nitrate susceptible to leaching.

therefore,

(11)

In Northern Ireland 70 % of the land is farmed exten-
sively and 45 % of the total land area is farmed under
agro-environmental schemes.

The Northern Irish climate, characterised by an annual
rainfall evenly distributed throughout the year and a rela-
tively narrow annual temperature range promotes a rela-
tively long grass-growing season ranging from 270 days
per year in the coastal area to the east to around 260
days per year in the central
lowlands where land is
actively managed and farmed.

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

The Commission, after examination of
considers that
hectare will not prejudice the achievement of
objectives of Directive 91/676/EEC, subject
strict conditions being met.

the request,
the proposed amount of 250 kg per
the
to certain

(12)

(13)

(14)

(15)

(16)

in this Decision are in
The measures provided for
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 United Kingdom with regard to
Northern Ireland by letter of 10 August 2007, 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.

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,

(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).

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.

Article 4

Annual authorisation and commitment

Farmers who want

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

from a derogation shall

This Decision should be applicable in tandem with the
(Northern
Nitrates Action
Ireland) 2006,
the
period 2007-2010.

in force in Northern Ireland for

Programme Regulations

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.

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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

The amount of livestock manure from grazing livestock
1.
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 8.

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.

A fertilisation plan shall be kept for each farm describing
3.
the crop rotation of the farmland and the planned application
of manure and nitrogen and phosphate fertilisers. It shall be
available in the farm each calendar year 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;

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

storage) and phosphorus produced in the farm;

(c)

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

(d) the foreseeable nitrogen and phosphorus crop requirements;

(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 dirty water and phosphorus inputs, 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 Article
4(1), the fertilisation plan and the fertilisation accounts can be
subject to control.

Nitrogen and phosphorous analysis

shall be
6.
performed for each farm benefiting from an individual dero-
gation at least every four years for each homogeneous area of
the farm, with regard to crop rotation and soil characteristics.
At least one analysis per five hectares of farmland shall be
required.

in soil

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

Each grassland farm benefiting from an individual dero-
8.
gation shall ensure that
the phosphorus balance, calculated
according to the methodology established by the competent
authority in compliance with Article 7(2) of
this Decision,
does not exceed a surplus of 10 kg phosphorus per hectare
per year.

Article 6

Land management

(e)

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

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

(f)

results of soil analysis related to nitrogen and phosphorus
soil status if available;

(a)

temporary grassland shall be ploughed in spring;

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

diately by a crop with high nitrogen demand;

phosphorus concentration in water leaving the root zone and
entering groundwater and surface water.

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

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

Article 7

Other measures

1.
This derogation shall be applied without prejudice to the
measures needed to comply with other Community environ-
mental legislation.

2.
The competent authorities shall establish and submit to
the Commission the detailed procedure for the calculation of
the phosphorus balance in derogation farms taking into account
the input of phosphate with concentrate, forage and fertilisers
and the output
into products (live animal, meat and other
animal products), forage and crops.

Article 8

Monitoring

showing

the percentage of

livestock and percentage of agricultural

grassland farms,
1. Maps
percentage of
land
covered by an individual derogation in each District, 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 May 2008.

2. Monitoring of the farms covered by the action programme
and the derogation shall be carried out at farm field scale and in
agricultural monitoring catchments. The reference monitoring
catchments shall be representative of the different soil types,
levels of intensity and fertilisation practices.

3.
Survey and 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.

A study shall be conducted in order to collect, by the end
6.
the derogation period, detailed scientific information on
of
to improve nutrient
intensive grassland systems
losses,
management. This
including
and
nitrates
phosphate losses, under intensive dairy production systems in
representative areas.

focus on nutrient
denitrification

study will
leaching,

in order

losses

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 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 November 2008, and
subsequently every year by June.

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

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

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Article 11

Application

This Decision shall apply in the context of the Nitrates Action Programme Regulations (Northern Ireland) 2006
(Regulations 2006 No 489) of 1 December 2006. It shall expire on 31 December 2010.

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Article 12

Done at Brussels, 14 December 2007.

For the Commission

Stavros DIMAS
Member of the Commission