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25.2.2011 Official
Journal
of
the
European
Union L
51/21
COMMISSION DECISION
of 24 February 2011
amending Decision 2007/863/EC granting a derogation requested by the United Kingdom with
regard to Northern 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) 1033)
(Only the English text is authentic)
(2011/128/EU)
THE EUROPEAN COMMISSION,
a request for an extension of the derogation. The request
contained a justification on the basis of the objective
criteria specified in the third subparagraph of paragraph
Having regard to the Treaty on the Functioning of the European
2 of Annex III to Directive 91/676/EEC.
Union,
Having regard to Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters
(5) The
United
Kingdom
for
the
region
of
Northern
Ireland
against pollution caused by nitrates from agricultural sources ( 1 ),
has adopted a new action programme for the period
and in particular the third subparagraph of paragraph 2 of
January 2011 to December 2014, which mainly
Annex III thereto,
maintains the measures of the action programme for
the period until 31 December 2010 and applies to the
whole territory of Northern Ireland.
Whereas:
(1) If
the
amount
of
manure
that
a
Member
State
intends
to
apply per hectare each year is different from those
(6) Nitrate
concentrations
in
Northern
Ireland
surface
specified in the first sentence of the second subparagraph
freshwaters remain relatively low, with average nitrate
of paragraph 2 of Annex III to Directive 91/676/EEC and
concentrations below 25 mg NO 3 /l in 2008 for 99,7 %
in point (a) of that subparagraph, that amount is to be
of monitoring stations. Between 2005 and 2008, surface
fixed so as not to prejudice the achievement of the
freshwater monitoring sites showed in general stable or
objectives specified in Article 1 of that Directive and it
decreasing average nitrate concentrations, including in
has to be justified on the basis of objective criteria, such
catchments with the highest proportion of derogation
as long growing seasons and crops with high nitrogen
farms. For groundwater average nitrate concentrations
uptake.
are below 25 mg NO 3 /l in 2008 for 91,9 % of the moni
toring stations and show similar stable or downwards
trends as for surface waters.
(2) On
14
December
2007,
the
Commission
adopted
Decision 2007/863/EC granting a derogation requested
by the United Kingdom with regard to Northern Ireland
pursuant to Council Directive 91/676/EEC concerning
the protection of waters against pollution caused by
(7) Livestock
numbers
decreased
in
Northern
Ireland
during
nitrates from agricultural sources ( 2 ), allowing Northern
the period 2006-2010 by about 12,5 % for sheep,
Ireland the application of 250 kg nitrogen per hectare
11,5 % for poultry and 4,7 % for cattle and increased
per year from livestock manure on farms with at least
by 9,8 % for pigs. Northern Ireland farming continues
80 % grassland.
to be a predominantly grass-based system.
(3) The
derogation
granted
by
Decision
2007/863/EC
concerned in 2009 approximately 150 farms in
Northern Ireland corresponding to approximately 0,6 %
(8) The
amount
of
manure
N
produced
on
farms
in
of total number of holdings and 1 % of the total net
Northern Ireland during the period 2006-2010
agricultural area. Decision 2007/863/EC expires on
decreased by 6,4 % while the rate of application of
31 December 2010.
livestock manure per ha of land decreased by 4,7 %.
The agricultural area available for manure application
decreased by 1,7 %. Cattle dominate as the main source
(4) On
23
September
2010
the
United
Kingdom
for
the
of manure N in Northern Ireland, followed by sheep,
region of Northern Ireland submitted to the Commission
poultry and pigs. The decrease in overall manure N is
largely due to the decline in the cattle sector and within
( 1 ) OJ L 375, 31.12.1991, p. 1.
that sector, the main driver of change is reduced
( 2 ) OJ L 337, 21.12.2007, p. 122.
numbers of beef cows and their offspring.

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L 51/22
EN
Official Journal of the European Union
25.2.2011
(9)
In the light of the scientific information referred to in the
and the extension requested by letter of 23 September
request for extension of the derogation and the measures
2010, for the purpose of allowing a higher amount of
which the United Kingdom for the region of Northern
livestock manure than that provided for in the first
Ireland has committed itself to in the action programme
sentence of the second subparagraph of paragraph 2 of
for the period January 2011 to December 2014, it can
Annex III to Directive 91/676/EEC and in point (a) of that
be concluded that the conditions for obtaining the dero
subparagraph, is granted, subject to conditions laid down in
gation as specified in Directive 91/676/EEC, such as long
this Decision.’;
growing seasons and crops with high nitrogen uptake,
are still fulfilled, and that the derogation does not
prejudice the achievement of the objectives of that
2. the last sentence of Article 8(1) is replaced by the following:
Directive.
(10) For
the
purpose
of
ensuring
that
the
grassland
farms
‘Those maps shall be submitted to the Commission annually
concerned may continue to benefit from a derogation,
by June.’;
it is appropriate to extend the period of application of
Decision 2007/863/EC to 31 December 2014.
3. Article 11 is replaced by the following:
(11) The
deadlines
for
reporting
to
the
Commission
set
out
in
Decision 2007/863/EC should however be adapted in
order to simplify the administrative burden by allowing
‘Article 11
United Kingdom for the region of Northern Ireland to
Application
establish only one deadline for all reporting obligations.
This Decision shall apply in the context of the Nitrates Action
Programme Regulation (Northern Ireland) 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,
It shall expire on 31 December 2014.’.
HAS ADOPTED THIS DECISION:
Article 2
Article 1
This Decision is addressed to the United Kingdom of Great
Britain and Northern Ireland.
Decision 2007/863/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 the United Kingdom with
Janez POTONIK
regard to Northern Ireland by letter of 10 August 2007
Member of the Commission

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