2008/664/EC: Commission Decision of 8 August 2008 amending Decision 2005/294/EC concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document number C(2008) 4252)
Date: 2008-08-08
Institutions: European Commission
Subjects: Denmark, action programme, chemical salt, environmental protection, pollution control, pollution from agricultural sources, water pollution

L 217/16

EN

Official Journal of the European Union

13.8.2008

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 8 August 2008

amending Decision 2005/294/EC concerning a request for derogation under point 2(b) of Annex III
to and Article 9 of Council Directive 91/676/EEC concerning the protection of waters
against pollution caused by nitrates from agricultural sources

(notified under document number C(2008) 4252)

(Only the Danish text is authentic)

(2008/664/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the present case, long growing seasons and crops with
high nitrogen uptake.

Having regard to the Treaty
Community,

establishing the European

(2)

to

regard

Council Directive

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

nitrates
the

91/676/EEC

pollution

caused

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
not
the objectives
specified in Article 1 of that Directive and has to be
in
justified on the basis of objective criteria, such as,

to prejudice the achievement of

(3)

(4)

(5)

On 18 November 2002,
the Commission adopted
Decision 2002/915/EC (2) allowing the application of
livestock manure containing up to 230 kg of nitrogen
per hectare per year on specific cattle holdings within the
framework of the Danish action programme 1999-2003.
The derogation was extended by Commission Decision
2005/294/EC (3) in connection with the Danish action
programme 2004-2007.

On 17 April 2008, Denmark requested a new extension
of the derogation. The request was accompanied by a
detailed technical motivation.

Danish legislation transposing Directive 91/676/EEC can
be considered to be in compliance with Directive and its
provisions apply equally to the derogation.

In December 2003 Denmark completed the evaluation of
its Second Action Plan on aquatic environment which
indicated the achievement of
for
the reduction target
nitrate leaching of 48 % in the period 1985-2003.

(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).

(2) OJ L 319, 23.11.2002, p. 24
(3) OJ L 94, 13.4.2005, p. 34.

13.8.2008

EN

Official Journal of the European Union

L 217/17

(6)

(7)

(8)

(9)

(10)

The Danish Parliamentary agreement on the Third Action
Plan for the Aquatic Environment 2005-2015 sets the
objectives for a further reduction of nitrate leaching by
13 % and for a reduction of phosphate surplus by 50 %
In 2007 the Government
in the period 2005-2015.
Platform agreed on the development of a Fourth
Action Plan for the Aquatic Environment by 2009 that
will serve as a health check of the Third Action Plan and
will include adjustments to national legislation in order
to ensure achievement of the objectives by 2015.

Denmark has established an action programme for the
period 2008-2011 in conformity with Article 5 of
Directive 91/676/EEC. The measures of
the action
programme form an integral part of the Third Action
Plan for the Aquatic Environment.

Results of monitoring and controls show that, in period
2005-2006, 1 779 cattle holdings, 220 839 livestock
units and 115 336 hectare, corresponding respectively
to 3,4 %, 10,3 % and 4,2 % of the total
in Denmark
were encompassed by the derogation.

Calculations on nitrate leaching based on survey and
nutrient analysis in agricultural catchments, show that,
in the period 1990-2006, nitrate leaching has been
reduced by 40 % in loamy soils and by 49 % in sandy
almost
soils. Since 2002-2003 leaching rates
constant.

are

Trend analysis of measured nitrate concentration in water
leaving the root zones over
the period 1990-2006,
shows a reduction of 29 % and 45 % respectively for
loamy and sandy soils. In 2006, nitrate average concen­
tration in upper groundwater of the reference catchments
was below 50 mg/l, both for sandy and loamy soils.
in the agricultural
Nitrate concentration in streams
reference catchments decreased by 31 % in the period
1990-2006, with nitrate average concentrations lower
than 20 mg/l for the sandy soils and around 30 mg/l
for the loamy soils.

the amount of manure
that
2005/294/EC considers
envisaged by Denmark, 230 kg of nitrogen per hectare
per year, will not prejudice the achievement of
the
objectives of Directive 91/676/EEC,
if the same strict
conditions established by Decision 2005/294/EC are met.

(12) Decision 2005/294/EC expired on 31 July 2008. For the
purpose of ensuring that the cattle farmers concerned
may continue to benefit from the derogation, it is appro­
priate to extend the validity of Decision 2005/294/EC.
The reporting obligations set by Decision 2005/294/EC
should also be adapted.

(13)

in
The articles provided for
accordance with the opinion of the Nitrates Committee
set up pursuant to Article 9 of Directive 91/676/EEC,

in this Decision are

HAS ADOPTED THIS DECISION:

Decision 2005/294/EC is amended as follows:

Article 1

1. In Article 8, paragraph 1 is replaced by the following:

The results of

‘1.
the monitoring shall be transmitted
every year to the Commission, with a concise report on
evaluation practice (controls at cattle farm level) and water
quality evolution (based on root zone leaching monitoring,
surface/ground water quality and model-based calculations).’

2. In Article 9,

‘31 July 2008’ is replaced by ‘31 July 2012’.

This Decision is addressed to the Kingdom of Denmark.

Article 2

Done at Brussels, 8 August 2008.

(11)

The Commission, after examination of Denmark's request
and in the light of the experience gained from the dero­
gation as provided in Decisions 2002/915/EC and

For the Commission

Androulla VASSILIOU
Member of the Commission