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25.2.2011 Official
Journal
of
the
European
Union L
51/19
DECISIONS
COMMISSION DECISION
of 24 February 2011
amending Decision 2007/697/EC granting a derogation requested by Ireland 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) 1032)
(Only the English text is authentic)
(2011/127/EU)
THE EUROPEAN COMMISSION,
livestock numbers and 4,2 % of the total net agricultural
area. Decision 2007/697/EC expires on 17 July 2010.
Having regard to the Treaty on the Functioning of the European
Union,
(4) On
12
May
2010
Ireland
submitted
to
the
Commission
a
request for an extension of the derogation. The request
Having regard to Council Directive 91/676/EEC of
contained a justification on the basis of the objective
12 December 1991 concerning the protection of waters
criteria specified in the third subparagraph of paragraph
against pollution caused by nitrates from agricultural sources ( 1 ),
2 of Annex III to Directive 91/676/EEC.
and in particular the third subparagraph of paragraph 2 of
Annex III thereto,
(5) Ireland
has
adopted
a
new
action
programme
for
the
Whereas:
period July 2010 to December 2013, which mainly
maintains the measures of the action programme for
the period until 30 June 2010 and applies to the
(1) If
the
amount
of
manure
that
a
Member
State
intends
to
whole territory of Ireland.
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
in point (a) of that subparagraph, that amount is to be
fixed so as not to prejudice the achievement of the
(6) The
fourth
report
on
implementation
of
Directive
objectives specified in Article 1 of that Directive and it
91/676/EEC in Ireland for the period 2004-2007
has to be justified on the basis of objective criteria, such
shows in general stable or improving water quality. For
as long growing seasons and crops with high nitrogen
groundwater, 2 % of sites showed average nitrate values
uptake.
above 50 mg/l and 74 % of sites values below 25 mg/l.
For surface river waters, 97 % of monitoring sites showed
average nitrate values below 25 mg/l, and no sites
showed average values above 50 mg/l. 93 % of lakes
(2) On
22
October
2007,
the
Commission
adopted
Decision
were classified as either oligotrophic or mesotrophic
2007/697/EC granting a derogation requested by Ireland
and 7 % of lakes were classified as eutrophic or hyper
pursuant to Council Directive 91/676/EEC concerning
trophic.
the protection of waters against pollution caused by
nitrates from agricultural sources ( 2 ), allowing Ireland
the application of 250 kg nitrogen per hectare per year
from livestock manure on farms with at least 80 %
grassland.
(7) Livestock
numbers
decreased
further
during
the
period
2004-2007, by about 4 % for cattle, 19 % for sheep,
4 % for pigs and 7 % for poultry ( 3 ). The annual use of
(3) The
derogation
granted
by
Decision
2007/697/EC
organic nitrogen from livestock manure and of mineral
concerned approximately 5 000 farms in Ireland corre
nitrogen decreased by 5 % and 17 % respectively. The
sponding to approximately 2,7 % of total number of
total farmed area decreased by 3 % to 4,28 million
holdings with cattle or sheep, 10 % of total grazing
hectares and grassland still accounts for over 90 % of
the agricultural area.
( 1 ) OJ L 375, 31.12.1991, p. 1.
( 2 ) OJ L 284, 30.10.2007, p. 27.
( 3 ) Reference period for poultry: 2003-2005.

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L 51/20
EN
Official Journal of the European Union
25.2.2011
(8)
In the light of the scientific information referred to in the
for the purpose of allowing a higher amount of livestock
request for extension of the derogation and the measures
manure than that provided for in the first sentence of the
which Ireland has committed itself to in the action
second subparagraph of paragraph 2 of Annex III to
programme for the period July 2010 to December
Directive 91/676/EEC and in point (a) of that subparagraph,
2013, it can be concluded that the conditions for
is granted, subject to conditions laid down in this Decision.’.
obtaining the derogation as specified in Directive
91/676/EEC, such as long growing seasons and crops
with high nitrogen uptake, are still fulfilled, and that
2. The second subparagraph of Article 8(1) is replaced by the
the derogation does not prejudice the achievement of
following:
the objectives of that Directive.
‘Those maps shall be submitted to the Commission annually
(9) For
the
purpose
of
ensuring
that
the
grassland
farms
concerned may continue to benefit from a derogation,
by June.’.
it is appropriate to extend the period of application of
Decision 2007/697/EC to 31 December 2013.
3. Article 11 is replaced by the following:
(10) The
deadlines
for
reporting
to
the
Commission
set
out
in
Decision 2007/697/EC should however be adapted in
‘Article 11
order to simplify the administrative burden by allowing
Ireland to establish only one deadline for all reporting
Application
obligations.
This Decision shall apply in the context of the Irish Action
Programme as implemented by the European Communities
(Good Agricultural Practice for Protection of Waters) Regulations
(11) The
measures provided for in this Decision are in
accordance with the opinion of the Nitrates Committee
2010 (Statutory Instrument No 610 of 2010).
set up pursuant to Article 9 of Directive 91/676/EEC,
It shall expire on 31 December 2013.’.
HAS ADOPTED THIS DECISION:
Article 2
Article 1
This Decision is addressed to Ireland.
Decision 2007/697/EC is amended as follows:
1. Article 1 is replaced by the following:
Done at Brussels, 24 February 2011.
‘Article 1
For the Commission
The derogation requested by Ireland by letter of 18 October
Janez POTONIK
2006 and the extension requested by letter of 12 May 2010,
Member of the Commission

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