Implementing decision 2018/820 - Granting of 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 C(2018) 3222) - Main contents

EN

Official Journal of the European Union

L 137/27

Directive 91/676/EEC aims to protect waters against pollution caused by nitrates from agricultural sources by, among other measures, limiting the application of livestock manure to land. If a Member State intends to allow an amount of manure per hectare that is different from the amount specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC, that amount is to be fixed so as not to prejudice the achievement of the objectives of the Directive and is to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake. The justification is to be examined by the Commission.

On 8 December 2005, the Commission adopted Decision 2005/880/EC (2) granting a derogation requested by the Netherlands pursuant to Directive 91/676/EEC for the purpose of allowing the application of grazing livestock manure up to a limit of 250 kg nitrogen per hectare per year on farms with at least 70 % grassland.

On 5 February 2010, the Commission adopted Decision 2010/65/EU (3), amending Decision 2005/880/EC and extending the derogation until 31 December 2013.

On 16 May 2014, the Commission adopted Implementing Decision 2014/291/EU (4). In that Decision the Netherlands was granted a derogation pursuant to Directive 91/676/EEC to allow the application of grazing livestock manure on farms with at least 80 % grassland up to a limit of 230 kg nitrogen per hectare per year for farms on southern and central sandy soils and on loess soils and up to a limit of 250 kg nitrogen per hectare per year for farms on other soils. The derogation concerned 19 564 farms in 2016, corresponding to 47 % of the total net agricultural area in the Netherlands.

On 31 January 2018, the Netherlands submitted to the Commission a request, under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC, for a renewal of the derogation for the period 2018 to 2021.

The Netherlands applies, in conformity with Article 3(5) of Directive 91/676/EEC, an action programme throughout its whole territory.

The Dutch legislation implementing Directive 91/676/EEC includes application standards both for nitrogen and phosphate.

According to the data provided by the Dutch authorities, in the period 2012 to 2015, the number of cattle and pigs in the Netherlands increased by 2,3 % and 0,8 % respectively as compared to the period 2008 to 2011. The number of poultry in the Netherlands increased by 2,4 % for the same period. Since 2006, Dutch legislation (5) sets limitations on the number of pigs and poultry. Moreover, since January 2015, Dutch legislation (6) requires that an appropriate share of surplus manure from the dairy sector is processed. In addition, a system of phosphate production rights for dairy cattle has just been introduced (7) in the Netherlands. All of those measures aim at preventing pollution of water bodies.

In the period 2012 to 2015, nitrogen...