L 287/36
EN
Official Journal of the European Union
4.11.2011
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 3 November 2011
on granting a derogation requested by Italy with regard to the Regions of Emilia Romagna,
Lombardia, Piemonte and Veneto pursuant to Council Directive 91/676/EEC concerning the
protection of waters against pollution caused by nitrates from agricultural sources
(notified under document C(2011) 7770)
(Only the Italian text is authentic)
(2011/721/EU)
THE EUROPEAN COMMISSION,
and 1 241 pig farms in the Regions of Emilia Romagna,
Lombardia, Piemonte and Veneto corresponding to
respectively 15,9 % and 9,7 % of total cattle and total
pig farms in the same Regions, 10,7 % of the utilised
Having regard to the Treaty on the Functioning of the European
agricultural land and 29,1 % of the total dairy livestock
Union,
and 49,3 % of total pig numbers in the same Regions are
estimated to be potentially encompassed by the dero
gation. Besides, also arable farms can apply for the dero
Having regard to Council Directive 91/676/EEC of
gation.
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) The
legislation
implementing
Directive
91/676/EEC
and
establishing the action programmes in Emilia Romagna
(Decision n. 1273/2011 5.9.2011), Lombardia (Decision
n. IX/2208 14.9.2011), Piemonte (Decision 18-2612
Whereas:
19.9.2011) and Veneto (Decision n. 1150 26.7.2011),
has been adopted and applies in conjunction with this
Decision for the period 2012 to 2015.
(1) If
the
amount
of
manure
that
a
Member
State
intends
to
apply per hectare each year is different from those
specified in the first sentence of the second subparagraph
of paragraph 2 of Annex III to Directive 91/676/EEC and
(5) The
designated
vulnerable
zones
to
which
the
action
in point (a) of that subparagraph, that amount is to be
programmes apply cover about 63 % of the utilised agri
fixed so as not to prejudice the achievement of the
cultural area (UAA) of Emilia Romagna, 82 % of the
objectives specified in Article 1 of that Directive and it
UAA of Lombardia, 38 % of the UAA of Piemonte and
has to be justified on the basis of objective criteria, such
87 % of the UAA of Veneto.
as long growing seasons and crops with high nitrogen
uptake.
(6)
Water quality data submitted show that for groundwater
(2) Italy
submitted
to
the
Commission
a
request
for
a
dero
in the Regions of Emilia Romagna, Lombardia, Piemonte
gation under the third subparagraph of paragraph 2 of
and Veneto 89 % of groundwater bodies have mean
Annex III to Directive 91/676/EEC with regard to the
nitrate concentrations below 50 mg/l nitrate and 63 %
Regions of Emilia Romagna, Lombardia, Piemonte and
have mean nitrate concentrations below 25
mg/l
Veneto.
nitrate. For surface waters, more than 98 % of moni
toring sites have mean nitrate concentrations below
25 mg/l and no points have nitrate concentrations over
50 mg/l nitrate.
(3) The
requested
derogation
concerns
the
intention
of
Italy
to allow the application in the Regions of Emilia
Romagna, Lombardia, Piemonte and Veneto of up to
250 kg nitrogen per hectare per year from cattle
(7) The
Regions
Emilia
Romagna,
Lombardia,
Piemonte
and
manure and treated pig manure on farms with at least
Veneto account for more than 70 % of livestock in Italy:
70 % of crops with high nitrogen demand and long
in particular, 67,1 % of dairy cattle, 60,6 % of other
growing season. Approximately 10 313 cattle farms
cattle, 81 % of pigs and 79,4 % of poultry. Livestock
numbers show a decreasing trend in the period
( 1 ) OJ L 375, 31.12.1991, p. 1.
1982-2007 (20 % on average for the four Regions).

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EN
4.11.2011 Official
Journal
of
the
European
Union L
287/37
(8) In the period 1979-2008, chemical nitrogen (d) ‘late maturing maize’ means maize class FAO 600-700,
consumption declined, as well as utilisation of mineral
planted from mid March to the beginning of April, with
phosphorus fertilisers; the latter has been reduced by
a growing cycle of at least 145-150 days;
70 %.
(e) ‘maize or sorghum followed by winter herbage’ means
(9)
Grassland, maize grain, maize silage and winter cereals
medium-late or early maturing maize or sorghum
occupy about 53 % of the total agricultural area in Emilia
followed by winter herbage, such as Italian ryegrass,
Romagna, Lombardia, Piemonte and Veneto.
barley, triticale or winter rye;
(f) ‘winter cereal followed by summer herbage’ means winter
(10) The
supporting
documents
presented
in
the
request
for
the derogation show that the proposed amount of
wheat, winter barley or triticale, followed by summer
250 kg nitrogen per hectare per year from cattle
herbage, such as maize, sorghum, Setaria or Panicum sp.;
manure and treated pig manure is justified on the basis
of objective criteria such as high net precipitation, long
(g) ‘crops with high nitrogen demand and long growing
growing seasons and high yields of crops with high
nitrogen uptake.
season’ means grassland, late maturing maize, maize or

sorghum followed by winter herbage and winter cereal
followed by summer herbage;
(11) After examining the request, the Commission considers
that the proposed amount of 250 kg per hectare from
(h) ‘cattle manure’ means livestock manure excreted by cattle,
cattle manure and treated pig manure will not prejudice
including during grazing or in processed form;
the achievement of the objectives of Directive
91/676/EEC, subject to certain strict conditions being
met.
(i) ‘manure treatment’ means the processing of pig manure
into two fractions, a solid fraction and a liquid fraction,
performed in order to improve land application and
(12) The
measures provided for in this Decision are in
enhance nitrogen and phosphorus recovery;
accordance with the opinion of the Nitrates Committee
set up pursuant to Article 9 of Directive 91/676/EEC,
(j) ‘treated manure’ means the liquid fraction resulting from
pig manure treatment, with a minimum nitrogen to
HAS ADOPTED THIS DECISION:
phosphate ratio (N/P 2 O 5 ) of 2,5;
Article 1
(k) ‘treated manure with nitrogen removal’ means treated
manure with a nitrogen content of less than 30 %
The derogation requested by Italy, by letters of 10 March 2011
compared to nitrogen content of the raw pig manure;
and of 28 July 2011, with regard to Regions Emilia Romagna,
Lombardia, Piemonte and Veneto for the purpose of allowing a
higher amount of livestock manure than that provided for in
(l) ‘soils with low Organic Matter content’ means soils with
the first sentence of the second subparagraph of paragraph 2 of
organic carbon content lower than 2 % in the top 30
Annex III to Directive 91/676/EEC and in point (a) thereof, is
centimetres of soil;
granted, subject to the conditions laid down in this Decision.
(m) ‘non-saline and low salinity soils’ means those soils with
Article 2
electrical conductivity on saturated soil paste extract ECe <
4 mS/cm or electrical conductivity on aqueous extract with
Definitions
1:2 soil/water ratio EC 1:2 < 1 ms/cm, or areas defined as
certainly not affected by risk of salinisation, as indicated on
For the purpose of this Decision, the following definitions shall
the soil map defined at regional level;
apply:
(n) ‘nitrogen use efficiency’ means the percentage of total
(a) ‘farms’ means agricultural holdings with or without
nitrogen applied in livestock manure form which is
livestock rearing;
available to crops in the year of application.
(b) ‘parcel’ means an individual field or a group of fields,
Article 3
homogeneous regarding cropping, soil type and fertilisation
practices;
Scope
This Decision applies on an individual basis to farms, where
70 % or more of the acreage of the farm is cultivated with crops
(c) ‘grassland’ means permanent or temporary grassland
with high nitrogen demand and long growing season, and
(generally temporary lies less than 4 years);
subject to the conditions set out in Articles 4 to 7.

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L 287/38
EN
Official Journal of the European Union
4.11.2011
Article 4
Article 6
Annual application and commitment
Application of manure and other fertilisers
1. Farmers
who
want
to
benefit
from
a
derogation
under
this 1. The
amount
of
cattle
manure,
including
by
the
animals
Decision shall submit an application to the competent
themselves, and treated manure applied to the land each year on
authorities annually by 15 February.
farms benefiting from a derogation shall not exceed the amount
of manure containing 250 kg nitrogen per hectare, subject to
the conditions laid down in paragraphs 2 to 12.
2. Together
with
the
annual
application
referred
to
in
paragraph 1 they shall undertake in writing to fulfil the
conditions provided for in Articles 5, 6 and 7.
2. The
total
nitrogen
inputs
shall
not
exceed
the
foreseeable
nutrient demand of the considered crop. It shall take into
account the supply from the soil and the increased manure
Article 5
nitrogen availability due to manure treatment. It shall not
exceed maximum application standards, as established in the
Manure treatment
action programmes applicable to the farm.
1. Farmers benefiting from a derogation for the application
of pig treated manure shall notify each year to the competent
authorities the following information:
3. The
total
phosphorus
inputs
shall
not
exceed
the
fore
seeable nutrient demand of the considered crop and take into
account the phosphorus supply from the soil. Phosphorus in
(a) the type of manure treatment;
chemical fertilisers shall not be applied in derogated farms.
(b) the capacity and main characteristics of the treatment plant,
4. A
fertilisation
plan
describing
the
crop
rotation
of
the
including its efficiency;
farmland and the planned application of manure and mineral
fertilisers shall be prepared for each farm by 15 February at the
latest.
(c) the amount of manure sent to treatment;
The fertilisation plan shall include the following:
(d) the amount, the composition, including a specification of
the nitrogen and phosphorus content, and the destination of
the solid fraction;
(a) the number of livestock, a description of the housing and
storage system, including the volume and type of manure
storage available;
(e) the amount, the composition, including a specification of
the nitrogen and phosphorus content, and the destination of
the treated manure;
(b) a calculation of manure nitrogen and phosphorus produced
in the farm;
(f) the estimation of gaseous losses during treatment.
(c) the description of manure treatment and characteristics of
treated manure (if relevant);
2. The
solid
fraction
resulting
from
manure
treatment
shall
be stabilised in order to reduce odours and other emissions,
improving agronomic and hygienic properties, facilitating
(d) the amount, type and characteristics of manure delivered
handling and enhancing nitrogen and phosphate availability to
outside the farm or in the farm;
crops. The resulting product shall not be applied to derogated
farms. The competent authorities shall adopt measures to
encourage the use of stabilised solid fraction on soils with
(e) the crop rotation and acreage of parcels with crops with
low organic matter content. Those soils are indicated in maps
high nitrogen demand and long growing season and parcels
established at regional level and made available to farmers.
with other crops;
3. The
competent
authorities
shall
establish
the
method
(f) the expected yields for each cultivated crop, depending on
ologies to assess the composition of treated manure, the
nutrient and water availability, as well as local conditions,
variations in composition and treatment efficiency for each
such as climate, soil type, etc.;
farm benefiting from individual derogation.
(g) the estimated nitrogen and phosphorus crop requirements
4. Ammonia
and
other
emissions
deriving
from
manure
for each parcel;
treatment shall be monitored by the competent authorities in
representative locations for each treatment technique. On the
basis of the monitoring results, an inventory of emissions shall
(h) a calculation of manure nitrogen and phosphorus to be
be established by the competent authorities.
applied over each parcel;

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EN
4.11.2011 Official
Journal
of
the
European
Union L
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(i) a calculation of nitrogen from chemical fertilisers to be
12. In
order
to
protect
soils
from
risk
of
salinisation,
treated
applied over each parcel;
manure with nitrogen removal shall be allowed only on non-
saline and low-salinity soils. For that purpose, farmers intending
to apply treated manure with nitrogen removal shall measure
electrical conductivity on parcels to be used for application at
(j) the estimation of the amount of water needed for irrigation
least every 4 years and shall include results in the application
and the precise indication of water source; the authorisation
referred to in Article 4(1). The competent authorities shall
for water abstraction or the contract for water use with the
establish a protocol to be used by farmers to measure electrical
relevant ‘water consortium’ or the map indicating that the
conductivity. The competent authorities shall establish maps
farm is located in areas where the shallow groundwater is in
showing areas at risk of salinisation.
contact with the root zone shall be included in the plan.
Article 7
Plans shall be revised no later than 7 days following any
changes in agricultural practices to ensure consistency
Land management
between plans and actual agricultural practices.
Farmers benefiting from a derogation shall ensure that the
following conditions are met:
5. Fertilisation
accounts
shall
be
prepared
by
each
farm
on
a
parcel basis. They shall include applied amounts and time of
(a) 70 % or more of the acreage of the farm shall be cultivated
application of manure and chemical fertilisers.
with crops with high nitrogen demand and long growing
season;
6. The
authorisation
for
water
abstraction
or
the
contract
for
water use with the relevant ‘water consortium’ or the map
(b) temporary grassland shall be ploughed in spring;
indicating that the farm is located in areas where the shallow
groundwater is in contact with the root zone shall be available
at the farm. The amount of authorised or contracted amount of
(c) temporary and permanent grassland shall not include more
water, where applicable, shall be sufficient to reach crops yields
than 50 % of leguminous or other plants fixing atmospheric
obtained in conditions without water constraints.
nitrogen;
7. Results
of
nitrogen
and
phosphorus
analysis
in
soil
shall (d) late maturing maize shall be harvested (the whole plant);
be available for each farm benefiting from a derogation.
Sampling and analysis shall be carried out before the 1 st June
at least once every 4 years for phosphorus and for nitrogen for
(e) winter herbage, such as Italian ryegrass, barley, triticale or
each homogeneous area of the farm, with regard to crop
winter rye, shall be seeded within 2 weeks after harvest of
rotation and soil characteristics. At least one analysis per 5
maize/sorghum and shall be harvested no earlier than 2
hectares of farmland shall be required.
weeks before maize/sorghum sowing;
8. Livestock
manure
applied
on
derogation
farms
shall
have (f) summer herbage, such as maize, sorghum, Setaria or
a nitrogen use efficiency at least of 65 % for slurry and 50 % for
Panicum sp. shall be seeded within 2 weeks after harvest
solid manure.
of winter cereals and shall be harvested no earlier than 2
weeks before winter cereals sowing;
9. Livestock
manure
and
chemical
fertilisers
applied
on
dero
(g) a crop with high nitrogen demand shall be seeded within 2
gation farms cannot be spread after 1 November.
weeks after ploughing grass and fertilisers shall not be
applied in the year of ploughing of permanent grassland.
10. At least two thirds of the amount of nitrogen from
manure, excluding nitrogen from manure from grazing
Article 8
livestock, shall be applied before 30 June each year. For this
purpose, farms benefiting from a derogation shall dispose of
Other measures
adequate storage capacity for livestock manure, which can
1. The
competent
authorities
shall
ensure
that
derogations
cover at least periods during which manure application is not
granted for the application of treated manure are compatible
allowed.
with the capacity of manure treatment plants.
11. Liquid
manure,
including
treated
manure
and
slurries, 2. The
competent
authorities
shall
ensure
that
each
granted
shall be applied through low emissions application techniques.
derogation is compatible with the authorised water use in the
Solid manure shall be incorporated within 24 hours.
farm benefiting from the derogation.

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L 287/40
EN
Official Journal of the European Union
4.11.2011
Article 9
shall be submitted to the Commission. The amount of initial
monitoring sites cannot be reduced and the location of the sites
Measures on manure transport
cannot be changed during the period of applicability of this
1. The
competent
authorities
shall
ensure
that
transport
of Decision.
livestock manure to and from farms benefiting from a dero
gation is recorded through geographic positioning systems or is
registered in accompanying documents, specifying the place of
Article 11
origin and destination. The recording through geographic posi
tioning systems is obligatory for transports covering distances
Verification
longer than 30 km.
1. The
competent
authorities
shall
ensure
that
all
the
appli
cations for derogation are submitted to administrative control.
Where the control demonstrates that the conditions provided
for in Articles 5, 6 and 7 are not fulfilled, the applicant shall be
2. The
competent
authorities
shall
ensure
that
a
document informed thereof. In this instance, the application shall be
specifying the amount of transported manure and its nitrogen
considered to be refused.
and phosphorus content is available during transport.
2. A
programme
of
field
inspections
shall
be
established
3. The
competent
authorities
shall
ensure
that
treated based on a risk analysis, results of controls of the previous
manure and solid fractions resulting from manure treatment
years and results of general random controls of legislation
are analysed with regard to their nitrogen and phosphorus
implementing Directive 91/676/EEC. The field inspections
content. The analysis shall be performed by recognised labora
shall cover at least 5 % of farms benefiting from a derogation
tories. The results of the analysis shall be communicated to the
in respect to the conditions set out in Articles 5, 6 and 7 of this
competent authorities and to the receiving farmer. A certificate
Decision.
of the analysis shall be available in each transport.
3. The competent authorities
shall ensure on-the-spot
controls of at least 1 % of manure transport operations, based
Article 10
on risk assessments and results of administrative controls
referred to in paragraph 1. Controls shall include, at least,
Monitoring
assessment of accompanying documents, verification of
1. The
competent
authorities
shall
ensure
that
maps
showing manure origin and destination and sampling of transported
the percentage of farms, percentage of livestock, percentage of
manure.
agricultural land covered by individual derogations and maps
showing local land use for each municipality are drawn up and
updated every year. Data on crop rotations and agricultural
4. The
competent
authorities
shall
be
granted
the
necessary
practices in farms benefiting from derogations shall be
powers and means to verify compliance with this Decision.
collected and updated every year.
Where verification indicates non-compliance with this
Decision, the competent authorities shall take the necessary
action for redress. In particular, farmers which do not comply
with Articles 5, 6 and 7 shall be excluded from derogation the
2. A
monitoring
network
for
sampling
of
surface
and following year.
shallow groundwater shall be established and maintained to
assess the impact of the derogation on water quality. The
draft monitoring network shall be submitted to the
Article 12
Commission. The amount of initial monitoring sites cannot
be reduced and the location of the sites cannot be changed
Reporting
during the period of applicability of this Decision.
The competent authorities shall submit to the Commission
every year by December, and for the year 2015 by September,
a report containing the following information:
3. A
reinforced
water
monitoring
shall
be
conducted
for
agricultural catchments located in proximity to most vulnerable
water bodies, to be identified by the competent authorities.
(a) evaluation of the implementation of the derogation, on the
basis of controls at farm level, as well as controls on
manure transport, and information on non-compliant
farms, on the basis of the results of the administrative
4. Monitoring
sites
shall
be
established,
in
order
to
provide
and field inspections;
data on nitrogen and phosphorus concentration in soil water,
on mineral nitrogen in soil profile and corresponding nitrogen
and phosphorus losses through the root zone into groundwater,
(b) information on manure treatment, including further
as well as on nitrogen and phosphorus losses by surface and
processing and utilisation of the solid fractions, and
subsurface run-off, both under derogation and non-derogation
provide detailed data on characteristics of treatment
conditions. The monitoring sites shall include main soil types,
systems, their efficiency and composition of treated
fertilisation practices and crops. The draft monitoring network
manure, as well as final destination of solid fractions;

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EN
4.11.2011 Official
Journal
of
the
European
Union L
287/41
(c) maps showing areas with low organic matter content, as
(j) the results of water monitoring, including information on
well as the measures taken in order to encourage the use
water quality trends for ground and surface waters, as well
of the stabilised solid fraction on soils with low organic
as the impact on derogation on water quality as referred to
matter content, as referred to in Article 5(2);
in Article 10(2);
(k) the list of most vulnerable water bodies, referred to in
(d) the methodologies to assess the composition of treated
Article 10(3);
manure, the variations in composition and treatment effi
ciency for each farm benefiting from individual derogation,
referred to in Article 5(3);
(l) summary and evaluation of data obtained from the moni
toring sites referred to in Article 10(4).
(e) the inventory of ammonia and other emissions from
Article 13
manure treatment, referred to in Article 5(4);
Application
This Decision shall apply in conjunction with the regulations
(f) the established protocol to measure electrical conductivity
implementing the action programme in Emilia Romagna
and maps showing areas affected by salinisation, referred to
(Decision n. 1273/2011 5.9.2011), Lombardia (Decision n.
in Article 6(12);
IX/2208 14.9.2011), Piemonte (Decision 18-2612 19.9.2011)
and Veneto (Decision n. 1150 26.7.2011).
(g) the methodologies to verify the compatibility of granted
This Decision shall apply from 1 January 2012.
derogations with the capacity of manure treatment plants,
referred to in Article 8(1);
It shall expire on 31 December 2015.
(h) the methodologies to verify the compatibility of each
Article 14
granted derogation with the authorised water use in the
This Decision is addressed to the Italian Republic.
farm benefiting from the derogation, referred to in
Article 8(2);
Done at Brussels, 3 November 2011.
(i) maps showing the percentage of farms, percentage of
livestock and percentage of agricultural land covered by
For the Commission
individual derogations and maps showing local land use,
as well as data on crop rotations and agricultural practices
Janez POTONIK
in derogation farms, referred to in Article 10(1);
Member of the Commission

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