HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 295/20
EN
Official Journal of the European Union
25.10.2012
COMMISSION IMPLEMENTING DECISION
of 23 October 2012
on granting a derogation requested by the Kingdom of Denmark pursuant to Council Directive
91/676/EEC concerning the protection of waters against pollution caused by nitrates from
agricultural sources
(notified under document C(2012) 7182)
(Only the Danish text is authentic)
(2012/659/EU)
THE EUROPEAN COMMISSION,
(5) Denmark
has
established
an
action
programme
for
the
period 2012-2015, in conformity with Article 5 of
Having regard to the Treaty on the Functioning of the European
Directive 91/676/EEC, by means of Order on commercial
Union,
livestock, livestock manure, silage, etc. (the livestock
manure notice) No 764 of 28 June 2012, Consolidated
Having regard to Council Directive 91/676/EEC of 12 December
Act on farms’ use of fertiliser and on plant cover No 415
1991 concerning the protection of waters against pollution
of 3 May 2011 and Order on farms’ use of fertiliser and
caused by nitrates from agricultural sources
( 1 ) and, in
on plant cover No 845 of 12 July 2011, which applies to
particular, the third subparagraph of paragraph 2 of Annex III
the whole Danish territory.
thereto,
Whereas:
(6) Monitoring
data
show
that
for
groundwater,
82
%
of

monitoring sites have mean nitrate concentrations
below 50 mg/l, and 67 % below 25 mg/l. For water
(1) If
the
amount
of
manure
that
a
Member
State
intends
to
courses, 99 % of monitoring sites have mean nitrate
apply per hectare each year is different from those
concentrations below 50 mg/l and 76 % of monitoring
specified in the first sentence of the second subparagraph
sites below 25 mg/l.
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
(7) The
Commission,
after
examination
of
Denmark’s
request
objectives specified in Article 1 of that Directive and it
and in the light of the experience gained from the dero
has to be justified on the basis of objective criteria, such
gation as provided in Decisions 2002/915/EC,
as long growing seasons and crops with high nitrogen
2005/294/EC and 2008/664/EC considers that the
uptake.
amount of manure envisaged by Denmark, 230 kg
nitrogen per hectare per year, will not prejudice the
(2) On
18
November
2002,
the
Commission
adopted
achievement of the objectives of Directive 91/676/EEC,
Decision 2002/915/EC
( 2 ) granting a derogation
subject to certain strict conditions being met.
requested by Denmark pursuant to Directive 91/676/EEC
concerning the protection of waters against pollution
(8) Decision
2008/664/EC
expired
on
31
July
2012.
For
the
caused by nitrates from agricultural sources, allowing
purpose of ensuring that the cattle farmers concerned
the application of livestock manure containing up to
may continue to benefit from the derogation, it is appro
230 kg nitrogen per hectare per year on specific cattle
priate to extend the validity of Decision 2008/664/EC.
holdings within the framework of the Danish action
programme 1999-2003. The derogation was extended
by Commission Decision 2005/294/EC (
(9) The
articles
provided
for
in
this
Decision
are
in

3 ) in connection
with the Danish action programme 2004-2007 and by
accordance with the opinion of the Nitrates Committee
Commission Decision 2008/664/EC (
set up pursuant to Article 9 of Directive 91/676/EEC,

4 ) in connection
with the Danish action programme 2008-2012.
HAS ADOPTED THIS DECISION:
(3) The
derogation
granted
by
Decision
2008/664/EC
concerned approximately (for the year 2009/2010)
1 507 cattle holdings, 299 901 livestock units and
Article 1
134 698 hectare of arable land, corresponding
The derogation requested by the Kingdom of Denmark by letter
respectively to 3,3 %, 12,5 % and 6,1 % of the total in
of 20 June 2012, for the purpose of allowing a higher amount
Denmark.
of livestock manure than that provided for in the first sentence
of the second subparagraph of paragraph 2 of Annex III to
(4) On
20
June
2012,
Denmark
submitted
to
the Directive 91/676/EEC and in point (a) thereof, is granted,
Commission a request for renewal of the derogation
subject to the conditions laid down in this Decision.
under the third subparagraph of paragraph 2 of Annex
III to Directive 91/676/EEC.
Article 2
( 1 ) OJ L 375, 31.12.1991, p. 1.
Definitions
( 2 ) OJ L 319, 23.11.2002, p. 24.
( 3 ) OJ L 94, 13.4.2005, p. 34.
For the purpose of this Decision, the following definitions shall
( 4 ) OJ L 217, 13.8.2008, p. 16.
apply:

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EN
25.10.2012 Official
Journal
of
the
European
Union L
295/21
(a) ‘cattle farms’ means holdings with more than three livestock
(2) each cattle farm benefiting from an individual derogation
units, where at least two thirds of livestock are cattle;
must prepare, for its whole acreage, a fertilisation plan, to
be kept on farm. It shall cover the period 1 August to 31
July the following year. The fertilisation plan shall include
(b) ‘grass’ means permanent or temporary grassland (generally
the following:
temporary grassland lies less than four years);
(a) the crop rotation plan, which must specify the acreage
(c) ‘crops being undersown by grass’: silage cereals, silage maize
of parcels with crops with high nitrogen demand and
and/or spring barley, to be undersown before (maize) or
long growing season and parcels with other crops,
after harvest, by grass which will act as a catch crop, for
including a sketch map indicating the location of indi
biological retention of nitrogen residual during winter;
vidual fields;
(d) ‘beets’ means forage beets;
(b) the number of livestock, a description of the housing
and storage system, including the volume of manure
(e) ‘crops with high nitrogen uptake and long growing season’
storage available;
means grass, grass catch crops or beets and other crops
being undersown by grass;
(c) a calculation of manure nitrogen and phosphorus
produced on the farm;
(f) ‘soil profile’ means the soil layer below ground level to a
depth of 0,90 m, unless the average highest groundwater
(d) the description of manure treatment, if present, and
level is shallower; in this latter case it shall be to a depth
expected characteristics of treated manure;
of the average highest groundwater level;
(e) the amount, type and characteristics of manure
(g) ‘plough layer’ is the upper 30 cm of farmland where the soil
delivered outside the farm or to the farm;
analysis shall be done for accurate fertilisation.
(f) the foreseeable nitrogen and phosphorus crop
Article 3
requirements for each parcel;
Scope
(g) a calculation of nitrogen and phosphorus application
This derogation applies on an individual basis and under the
from manure for each parcel;
conditions prescribed in Articles 4 to 6 of this Decision to cattle
farms where the crop rotation includes more than 70 % of
crops with high nitrogen uptake and long growing season.
(h) a calculation of nitrogen and phosphorus application
from chemical and other fertilisers for each parcel;
Article 4
(i) the indication of the time of application of manure and
Annual authorisation and commitment
chemical fertilisers.
1. Cattle
farmers
shall
submit
an
application
for
derogation
to the competent authorities annually.
Plans shall be revised no later than seven days following any
change in agricultural practices to ensure consistency
2. Together with that annual application, they shall
between plans and actual agricultural practices.
undertake in writing to fulfil the conditions provided for in
Articles 5 and 6 of this Decision.
(3) each cattle farm benefiting from an individual derogation
shall submit the fertilisation account to the competent auth
Article 5
orities, including applied amounts of manure and nitrogen
fertilisers, by end of March each year;
Application of manure and other fertilisers
The amount of livestock manure applied to the land each year
(4) periodic nitrogen and phosphorus analysis in the plough
on cattle farms benefiting from an individual derogation,
layer shall be done by each cattle farm benefiting from an
including by the animals themselves, shall not exceed the
individual derogation for accurate fertilisation. Sampling and
amount of manure containing 230 kg nitrogen per hectare,
analysis must be carried out at least once every four years
under the following conditions:
for each homogeneous area of the farm, with regard to crop
rotation and soil characteristics. At least one analysis per
five hectares of farmland shall be carried out. Results of
(1) the total nitrogen inputs must comply with the nutrient
nitrogen and phosphorus analysis in the plough layer
uptake of the considered crop, considering the nitrogen
shall be available at the cattle farm benefiting from dero
supply from the soil. It shall not exceed for all crops, in
gation;
any case, the maximum application standards for nitrogen,
as established in the action programme. The nitrogen
maximum application standards shall be fixed at least
(5) livestock manure shall not be spread in the autumn before
10 % below economic optimum.
grass cultivation.

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L 295/22
EN
Official Journal of the European Union
25.10.2012
Article 6
Where the control demonstrates that the conditions provided
for in Articles 5 and 6 are not fulfilled, the applicant shall be
Land management
informed thereof. In this instance, the application shall be
1. 70
%
or
more
of
the
acreage
available
for
manure
appli
refused.
cation on a cattle farm benefiting from an individual derogation
shall be cultivated with crops with high nitrogen uptake and
long growing season.
2. A programme of inspections shall be established based on
risk analysis, results of controls of the previous years and results
of general random controls of application of legislation imple
2. Grass
catch
crops
shall
not
be
ploughed
before
1
March
in menting Directive 91/676/EEC. The inspections shall consist of
order to ensure permanent vegetal cover of arable area for
field inspections and on-the-spot control and cover annually at
recovering subsoil autumn losses of nitrates and limit winter
least 5 % of the farms benefiting from an individual derogation
losses.
in respect to the conditions set out in Articles 5 and 6 of this
Decision. Where verification indicates non-compliance, the
3. Temporary
grasslands
shall
be
ploughed
in
spring
and
the farmer shall be fined according to the national system and
ploughing will be followed by a crop with high nitrogen uptake.
the request for derogation the next year shall be refused.
4. Crop
rotation
shall
not
include
leguminous
or
other 3. The
competent
authorities
shall
be
granted
the
necessary
plants fixing atmospheric nitrogen. This will however not
powers and means to verify compliance with the conditions of
apply to clover or alfalfa in grassland with less than 50 %
the derogation granted under this Decision.
clover or alfalfa and to barley/pea undersown with grass.
Article 9
Article 7
Reporting
Monitoring
The competent authorities shall submit every year by December
1. The
competent
authority
shall
ensure
that
maps
showing and for 2016 by June a report containing the following
the percentage of cattle farms, percentage of livestock and
information:
percentage of agricultural land covered by individual dero
gations for each municipality are drawn up and updated every
year.
(a) maps showing the percentage of cattle farms, percentage of
livestock, percentage of agricultural land covered by indi
2. In
order
to
ascertain
that
the
derogation
will
not
jeop
vidual derogations for each municipality, as well as maps on
ardise the objective of Directive 91/676/EEC, monitoring shall
local land use, referred to in Article 7(1) of this Decision;
be done in root zone water, surface waters and groundwater, in
order to provide data on nitrogen and phosphorus in the soil
profile and nitrates concentrations in surface and groundwater,
(b) the results of ground and surface water monitoring, as
both under derogation and non-derogation conditions. Moni
regards nitrates and phosphorus concentrations, including
toring shall be carried out at farm field scale in the agricultural
information on water quality trends, both under derogation
catchment national monitoring programme. The monitoring
and non-derogation conditions, as well as the impact of
sites shall include main soil types, fertilisation practices and
derogation on water quality, as referred to in Article 7(2)
crops.
of this Decision;
3. Surveys
and
continuous
nutrient
analysis
shall
be
carried (c) the results of soil monitoring as regards nitrogen and phos
out in the agricultural catchment national monitoring
phorus concentrations in the root zone water, both under
programme and shall provide data on local land use, crop
derogation and non-derogation conditions, as referred to in
rotations and agricultural practices on cattle farms benefiting
Article 7(2) of this Decision;
from an individual derogation. Collected information and data
from nutrient analysis as referred to in Article 5 of this Decision
and monitoring as referred to in Article 7(2) of this Decision
(d) results of the surveys on local land use, crop rotations and
shall be used for model-based calculations of the magnitude of
agricultural practices, referred to in Article 7(3) of this
nitrogen and phosphorus losses from cattle farms benefiting
Decision;
from an individual derogation based on scientific principles.
4. The
competent
authorities
shall
quantify
the
percentage
of (e) results of model-based calculations of the magnitude of
land under derogation covered by clover or alfalfa in grassland
nitrogen and phosphorus losses from farms benefiting
and by barley/pea undersown with grass.
from an individual derogation, referred to in Article 7(3)
of this Decision;
Article 8
Controls
(f) tables showing the percentage of agricultural land under
derogation covered by clover or alfalfa in grassland and
1. The
competent
authorities
shall
ensure
that
all
the
appli
by barley/pea undersown with grass, referred to in
cations for derogation are submitted to administrative control.
Article 7(4) of this Decision;

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EN
25.10.2012 Official
Journal
of
the
European
Union L
295/23
(g) evaluation of the implementation of the derogation
Article 11
conditions, on the basis of controls at farm level and
information on non-compliant farms, on the basis of the
This Decision is addressed to the Kingdom of Denmark.
results of the administrative and field inspections, referred to
in Article 8(1) and 8(2) of this Decision.
Done at Brussels, 23 October 2012.
Article 10
For the Commission
This derogation shall apply from 1 August 2012. It shall expire
Janez POTONIK
on 31 July 2016.
Member of the Commission

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Document Outline

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