2008/96/EC: Commission Decision of 20 December 2007 granting a derogation requested by Belgium referred to the region of Wallonia 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) 6643)
Date: 2007-12-20
Institutions: European Commission
Subjects: Walloon region (Belgium), chemical salt, derogation from EU law, environmental protection, organic fertiliser, pollution from agricultural sources, water pollution

6.2.2008

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Official Journal of the European Union

L 32/21

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 20 December 2007

granting a derogation requested by Belgium referred to the region of Wallonia 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) 6643)

(Only the French text is authentic)

(2008/96/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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)

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
the objectives
not
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

(2)

Belgium submitted to the Commission a request for a
derogation under third subparagraph of paragraph 2 of
Annex III to Directive 91/676/EEC referred to the region
of Wallonia.

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

(4)

(5)

(6)

The requested derogation concerns
the intention of
Belgium to allow the application in Wallonia of up to
230 kg nitrogen per hectare per year from livestock
manure in specific holdings with more than 48 % of
acreage as grassland. The nitrogen application from
livestock manure on grassland would not exceed 230
kg per hectare per year, while on arable crops of these
farms it would not exceed 115 kg/ha nitrogen per
hectare per year.

The designation of nitrates vulnerable zones in respect to
Wallonia,
in conformity with paragraphs 2 and 4 of
Article 3 of Directive 91/676/EEC, covers approximately
42 % of this region’s territory and 54 % of utilised agri-
cultural land.

Approximately 500 farms, corresponding to 5,6 % of
total number of farms in nitrate vulnerable zones, and
3 % of the Utilised Agricultural Land are estimated to be
encompassed by the derogation.

The legislation implementing Directive 91/676/EEC in
‘Arrêté du Gouvernement wallon du 15
Wallonia
février 2007 modifiant le Livre II du Code de l’Environ-
nement constituant le Code de l’Eau en ce qui concerne
la gestion durable de l’azote en agriculture’ has been
adopted and applies equally to the requested derogation.

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(7) Water quality data submitted show that in Wallonia in
2005 average nitrate concentration in surface water in
nitrate vulnerable zones was 16,7 mg/L, with stable or
decreasing trends in 84 % of monitoring sites in the
period from 2001 to 2005. Median groundwater concen-
tration in 2005 was 24,8 mg/L nitrates, with stable or
decreasing trends in 74 % of monitoring sites in the
period from 2001 to 2005.

(8)

(9)

(10)

Average nitrogen input per hectare
from livestock
manure decreased by 12 % since 1990 and in 2004
was 101 kg/ha of Utilised Agricultural Land, of which
94 % from cattle manure, 3 % from pig manure and 2 %
from poultry manure. Average application of chemical
fertilisers decreased for both nitrogen and phosphate
since 1990, respectively by 19 % and by 49 % and in
2004 was on average of 109 kg/ha and 28 kg/ha respec-
tively for nitrogen and phosphate.

The supporting documents presented in the notification
show that the proposed amount of 230 kg per hectare
per year of nitrogen from manure is justified on the basis
of objective criteria such as long growing seasons and
crops with high nitrogen uptake.

examination of

The Commission after
request
the proposed amount of 230 kg per
considers that
hectare per year nitrogen from manure will not
prejudice the achievement of the objectives of Directive
91/676/EEC, subject to certain strict conditions being
met.

the

(11)

This Decision should be applicable in connection with
the second action programme in force for the region of
Wallonia for the period 2007 to 2010.

(12)

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 Belgium referred to the region of
Wallonia by letter of 19 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.

Article 2

Definitions

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

(a)

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

(b) ‘grassland’ means acreage of the cattle farm cultivated with
permanent or temporary grassland (generally temporary 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 to cattle 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

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-
to administrative control.
cations for derogation are subject
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 and the application shall
be considered to be refused.

Article 5

Application of manure and other fertilisers

The amount of livestock manure applied each year on
1.
including by the animals themselves, shall not
cattle farms,
exceed the amount of manure containing 230 kg of nitrogen
per hectare, subject to the conditions laid down in paragraphs 2
to 8.

The amount of

2.
livestock manure applied on grassland
each year shall not exceed 230 kg of nitrogen per hectare.
The amount of livestock manure applied on other farmland
each year shall not exceed 115 kg of nitrogen per hectare.

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A fertilisation plan shall be kept for each farm describing
3.
the crop rotation,
the planned application of manure and
nitrogen and phosphate fertilisers. It shall be available in the
farm each calendar year by 31 March at the latest.

Nitrate concentration in soil shall be measured every year
7.
in each farm which benefits from an individual derogation. At
least five samples per year shall be analysed for each farm.

The fertilisation plan shall include the following:

8. Manure shall not be spread in the autumn before grass
cultivation.

(a)

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

Article 6

Land management

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

storage) and phosphorus produced in the farm;

(c)

the crop rotation and acreage for grassland and for each
crop,
including a sketch map indicating location of indi-
vidual fields;

(d) the foreseeable nitrogen and phosphorus crop requirements;

(e)

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

(f) nitrogen and phosphorus application from manure over

each field;

(g) 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.

4.
Fertilisation accounts shall be prepared by each farm. They
shall be submitted to the competent authority for each calendar
year.

48 % or more of the acreage available for manure appli-

1.
cation on the cattle holding shall be cultivated with grass.

Farmers benefiting from an individual derogation shall

2.
carry out the following measures:

(a) Temporary grassland shall be ploughed in spring.

(b) Grassland shall not

include leguminous or other plants
fixing atmospheric nitrogen. This will however not apply
to leguminous in grassland with less than 50 % leguminous.

Article 7

Other measures

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

Each farmer benefiting from an individual derogation shall
2.
be provided with technical assistance through an advisory
service, which shall ensure the evaluation of the results of soil
analysis, fertilisation plans and fertilisation accounts. Results of
evaluation shall be transmitted to the competent authorities in
charge of compliance checking in respect to the conditions set
out in Articles 5 and 6.

Article 8

Monitoring

5.
Each farm benefiting from an individual derogation shall
accept that the application referred to in Article 4(1), the ferti-
lisation plan and the fertilisation accounts can be subject to
control.

farms, percentage of
1. Maps showing the percentage of
land covered by indi-
livestock and percentage of agricultural
vidual derogation in each agricultural zone 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 the end of 2007.

6.
Phosphorous analysis in soil shall be performed for each
farm which benefits from an individual derogation at least once
every four years for each homogeneous area of the farm, with
regard to crop rotation and soil characteristics. At least one
analysis every five hectares of farmland shall be required.

A monitoring network for

2.
surface and
shallow groundwater shall be established and maintained to
assess the impact of the derogation on water quality.

sampling of

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Survey and nutrient analysis shall provide data on local
3.
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 230 kg
nitrogen per hectare per year from livestock manure is applied.

4. Monitoring sites shall be established in order to provide
data on nitrogen concentration in soil water and corresponding
nitrogen losses through the root zone into groundwater, as well
as on nitrogen losses by surface and subsurface runoff, both
under derogation and non derogation conditions.

Article 9

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, evaluation of nitrate residue in soil
in autumn in farms benefiting from a derogation and evaluation
practice. The report shall provide information on how the
evaluation of the implementation of the derogation conditions
is carried on through controls at farm level and include infor-
mation on non compliant farms based on the results of admin-
istrative and field inspections. The first report shall be trans-
mitted by June 2008 and subsequently 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
a derogation.

Article 10

Application

This Decision shall apply in the context of the second action
programme 2007-2010 for the Region of Wallonia. ‘Arrêté du
Gouvernement wallon du 15 février 2007 modifiant le Livre II
du Code de l’Environnement constituant le Code de l’Eau en ce
qui concerne la gestion durable de l’azote en agriculture’. It shall
expire on 31 December 2010.

This Decision is addressed to the Kingdom of Belgium.

Article 11

Done at Brussels, 20 December 2007.

For the Commission

Stavros DIMAS
Member of the Commission