EN
3.8.2011 Official
Journal
of
the
European
Union L
200/23
DECISIONS
COMMISSION IMPLEMENTING DECISION
of 29 July 2011
on granting a derogation requested by the Kingdom of Belgium with regard to the region of
Flanders 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) 4503)
(Only the Dutch version is authentic)
(2011/489/EU)
THE EUROPEAN COMMISSION,
(3) The
derogation
granted
by
Decision
2008/64/EC
concerned approximately 3 300 farmers and 83 500 ha
of land and expired on 31 December 2010.
Having regard to the Treaty on the Functioning of the European
Union,
(4) On
15
March
2011,
the
Kingdom
of
Belgium
submitted
to the Commission a request for renewal of the dero
gation under the third subparagraph of paragraph 2 of
Having regard to Council Directive 91/676/EEC of
Annex III to Directive 91/676/EEC referred to the region
12 December 1991 concerning the protection of waters
of Flanders.
against pollution caused by nitrates from agricultural sources ( 1 ),
and in particular the third subparagraph of paragraph 2 of
Annex III thereto,
(5) The
requested
derogation
concerns
the
intention
of
the
Kingdom of Belgium to allow the application in Flanders,
in specific holdings, of up to 250 kg nitrogen per hectare
Whereas:
per year from grazing livestock manure and treated pig
manure on parcels cultivated with grassland, maize
undersown with grassland and cut grassland or cut rye
followed by maize and up to 200 kg nitrogen per hectare
(1) If
the
amount
of
manure
that
a
Member
State
intends
to
per year from livestock manure and treated pig manure
apply per hectare each year is different from those
on parcels cultivated with winter wheat or triticale
specified in the first sentence of the second subparagraph
followed by a catch crop and with beet.
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) Flanders
established
clear
water
quality
goals
to
be
objectives specified in Article 1 of that Directive and it
reached over the two next action programme periods.
has to be justified on the basis of objective criteria, such
For surface water the quality standard of 50 mg nitrates
as, in the present case, long growing seasons and crops
per litre will be reached in 84 % of the monitoring points
with high nitrogen uptake.
of the agricultural monitoring network by 2014 and in
95 % of these points by 2018. For shallow groundwater,
which has a slower recovery rate, the average nitrate
(2) On
21
December
2007,
the
Commission
adopted
concentration will be decreased by 10 % in 2014 and
Decision 2008/64/EC granting a derogation requested
20 % by 2018 compared to the average level of 2010
by the Kingdom of Belgium with regard to the region
amounting to 40 mg nitrates per litre. Specific focus is
of Flanders pursuant to Council Directive 91/676/EEC
given to the hydrogeological homogeneous zones for
concerning the protection of waters against pollution
which the nitrate concentrations in shallow groundwaters
caused by nitrates from agricultural sources ( 2 ), allowing
are on average higher than 50 mg nitrates per litre for
the Kingdom of Belgium to authorise in the region of
which the average concentration will need to decrease by
Flanders, under certain conditions, the application of up
5 mg nitrates per litre per action programme period.
to 250 kg nitrogen per hectare per year from livestock
manure on parcels cultivated with grassland and maize
undersown with grassland and up to 200 kg nitrogen per
(7) In
order
to
reach
these
goals,
Flanders
has
established
a
hectare per year from livestock manure on parcels
reinforced action programme for the period 2011-14. A
cultivated with winter wheat followed by a catch crop
review of the policy will be carried out by 2014 based
and with beet.
on which possible further reinforced action will be taken
in the action programme for the period 2015-18 in
( 1 ) OJ L 375, 31.12.1991, p. 1.
order to guarantee that the set water quality goals are
( 2 ) OJ L 16, 19.1.2008, p. 28.
reached.

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L 200/24
EN
Official Journal of the European Union
3.8.2011
(8) The
legislation
implementing
Directive
91/676/EEC
for (a) ‘farms’ means agricultural holding with or without livestock
the region of Flanders, the ‘Decree for the protection of
rearing;
water against pollution by nitrates from agricultural
sources’ of 22 December 2006 (hereinafter ‘the Manure
Decree’) has been amended ( 1 ) in accordance with the
(b) ‘parcel’ means an individual field or a group of fields, homo
action programme for the period 2011-14 on 6 May
geneous regarding cropping, soil type and fertilisation
2011 and applies in conjunction with this Decision.
practices;
(9) The
Manure
Decree
applies
trough
the
whole
territory
of (c) ‘grassland’ means permanent or temporary grassland
the region of Flanders.
(generally temporary lies less than 4 years);
(10) The
Manure
Decree
includes
limits
for
the
application
of
(d) ‘crops with high nitrogen demand and long growing season’
both nitrogen and phosphorus.
means grassland; maize undersown, before or after harvest,
with grass mowed and removed from the field acting as a
(11) The
supporting
documents
presented
in
the
notification
catch crop; cut grassland or cut rye followed by maize;
show that the proposed amount of respectively 250 and
winter wheat or triticale followed by a catch crop; sugar
200 kg per hectare per year nitrogen from livestock
or fodder beets;
manure is justified on the basis of objective criteria
such as long growing seasons and crops with high
nitrogen uptake.
(e) ‘grazing livestock’ means cattle (with the exclusion of veal

calves), sheep, goats and horses;
(12) The Commission after examination of the request
considers that the proposed amounts of respectively
(f) ‘manure treatment’ means the processing of pig manure in
250 and 200 kg per hectare per year of nitrogen from
two fractions, a solid and a liquid fraction, performed in
grazing livestock manure and treated pig manure, will
order to improve land application and enhance nitrogen
not prejudice the achievement of the objectives of
and phosphorus recovery;
Directive 91/676/EEC, subject to certain strict conditions
being met which apply in addition to the reinforced
measures taken in the action programme for the period
(g) ‘treated manure’ means the liquid fraction resulting from
2011-14.
manure treatment;

(13) In order to avoid that the application of the requested
(h) ‘effluent with low nitrogen and phosphate content’ means
derogation leads to intensification of livestock rearing,
treated manure with a maximum nitrogen content of 1 kg
the competent authorities should ensure the limitation
per ton effluent and a maximum phosphate content of 1 kg
of the number of livestock which can be kept in each
per ton effluent;
farm (nutrient emission rights) in the region of Flanders
according to the provisions set out in the Manure Decree.
(i) ‘soil profile’ means the soil layer below ground level to a
depth of 0,90 m, unless the average highest groundwater
(14) The
measures provided for in this Decision are in
level is shallower; in this latter case it shall be to a depth
accordance with the opinion of the Nitrates Committee
of the average highest groundwater level.
set up pursuant to Article 9 of Directive 91/676/EEC,
Article 3
HAS ADOPTED THIS DECISION:
Scope
Article 1
This Decision applies on an individual basis to specified parcels
of a farm, cultivated with crops with high nitrogen demand and
The derogation requested by the Kingdom of Belgium by letter
long growing season and subject to the conditions set out in
of 15 March 2011, on behalf of the Flanders region, for the
Articles 4 to 7.
purpose of allowing a higher amount of livestock manure than
that provided for in the first sentence of the second
subparagraph of paragraph 2 of Annex III to Directive
Article 4
91/676/EEC and in point (a) thereof, is granted, subject to the
conditions laid down in this Decision.
Annual application and commitment
1. Farmers
who
want
to
benefit
from
derogation
under
this
Article 2
Decision shall submit an application to the competent
authorities annually by 15 February. For the year 2011, the
Definitions
annual application shall be submitted by farmers by 15 July.
For the purpose of this Decision, the following definitions shall
apply:
2. Together
with
the
annual
application
referred
to
in
paragraph 1, they shall undertake in writing to fulfil the
( 1 ) Belgisch Staatsblad of 13 May 2011, p. 27876.
conditions provided for in Articles 5, 6 and 7.

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EN
3.8.2011 Official
Journal
of
the
European
Union L
200/25
Article 5
to derogated parcels if it has a nitrogen to phosphate
ratio (N/P
Manure treatment

2 O 5 ) of minimum 3,3.
1. The
solid
fraction
resulting
from
manure
treatment
shall 3. The application of effluent with low nitrogen and
be delivered to authorised installations for recycling with the
phosphate content shall be limited to maximal 15 ton per
aim of reducing odours and other emissions, improving
hectare.
agronomic and hygienic properties, facilitating handling and
enhancing recovery of nitrogen and phosphate. The recycled
product shall not be applied to agricultural land located in
4. The
total
nitrogen
and
phosphate
input
shall
comply
with
the region of Flanders except for parks, greeneries and private
the nutrient demand of the considered crop and take into
gardens.
account the supply from the soil and the increased manure
nitrogen availability due to treatment. It shall not exceed for
all crops, in any case, the maximum application standards for
2.
Farmers benefiting from derogation who carry out manure
phosphate and nitrogen, either expressed in total nitrogen or
treatment shall submit each year to the competent authorities
efficient nitrogen, as established in the action programme.
the data related to the amount of manure sent to treatment, the
amount and the destination of the solid fraction and of the
treated manure and their contents of nitrogen and phosphorus.
5. The
use
of
phosphate
from
chemical
fertiliser
is
banned
on derogated parcels.
3. The competent authorities shall establish and regularly
update the acknowledged methodologies to assess the
6. A fertilisation plan shall be kept for each farm, for its
composition of treated manure, the variations in composition
whole acreage, describing the crop rotation and planned appli
and treatment efficiency for each farm benefiting from indi
cation of manure and nitrogen and phosphate fertilisers. It shall
vidual derogation.
be available in the farm each calendar year by 15 February at
the latest.
4. Ammonia
and
other
emissions
from
manure
treatment
shall be collected and treated so as to reduce environmental
The fertilisation plan shall include the following:
impact and nuisance for those installations that cause higher
emissions than the reference situation, which is storage and land
(a) the number of livestock, a description of the housing and
application of raw livestock manure. For these purposes an
storage system, including the volume of manure storage
inventory of installations requiring emission treatment shall be
available;
established and regularly updated.
(b) a calculation of manure nitrogen and phosphorus produced
Article 6
in the farm;
Application of manure and other fertilisers
(c) the description of manure treatment and expected char
1. Subject
to
the
conditions
laid
down
in
paragraphs
2
to
acteristics of treated manure;
11, the amount of grazing livestock manure, treated manure
and effluent with low nitrogen and phosphate content applied
to derogated parcels each year, including the manure applied by
(d) the amount, type and characteristics of manure delivered
the animals themselves shall not exceed 250 kg of nitrogen per
outside the farm or in the farm;
hectare per year on parcels cultivated with the following:
(e) the crop rotation and acreage of parcels with crops with
(a) grassland and maize undersown with grassland;
high nitrogen demand and long growing season and parcels
with other crops;
(b) cut grassland followed by maize;
(f) the foreseeable nitrogen and phosphorus crop requirements
for each parcel;
(c) cut rye followed by maize,
(g) a calculation of nitrogen and phosphorus application from
and 200 kg of nitrogen per hectare per year on parcels
manure over each parcel;
cultivated with:
(h) a calculation of nitrogen and phosphorus application from
(d) winter wheat followed by a catch crop;
chemical and other fertilisers over each parcel.
(e) triticale followed by a catch crop;
Plans shall be revised no later than 7 days following any change
in agricultural practices to ensure consistency between plans
and actual agricultural practices.
(f) sugar or fodder beets.
7. Fertilisation
accounts
shall
be
prepared
by
each
farm;
they
2. Treated
manure,
not
qualifying
as
effluent
with
low shall include applied amounts and time of application of
nitrogen and phosphate content, can only be applied
manure and nitrogen fertilisers.

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L 200/26
EN
Official Journal of the European Union
3.8.2011
8. Results
of
nitrogen
and
phosphorus
analysis
in
soil
shall with the capacity of authorised installations for
be available for each farm benefiting from derogation. Sampling
manure treatment and processing of the solid fraction.
and analysis must be carried out no later than 1 June and at
least once every 4 years for phosphorus and for nitrogen for
each homogeneous area of the farm, with regard to crop
rotation and soil characteristics. At least one analysis per 5
Article 9
hectares of farmland shall be required.
Measures on manure production and transport
1. The
competent
authorities
shall
ensure
respect
of
the
limi
9. Nitrate concentration in the soil profile shall be measured
tation of the number of livestock which can be kept in each
every year in autumn and at the latest by 15 November on at
farm (nutrient emission rights) in the region of Flanders
least 6 % of all derogated parcels and 1 % of the other parcels in
according to the provisions set out in the Manure Decree.
use by farms benefiting from derogation in such a way that at
least 85 % of these farms are involved. At least three samples
representing three different soil layers within the soil profile
shall be required every 2 hectares of farmland.
2. The
competent
authorities
shall
ensure
that
manure
transport from accredited transporters is recorded through
geographic positioning systems for all transports as from
10. Manure, treated manure or effluent with low nitrogen
1 January 2012. Until that date, the competent authorities
and phosphate content with a total nitrogen content higher
shall ensure that manure transport from accredited transporters
than 0,60 kg nitrogen per ton, as well as chemical and other
classified in categories A 5 o , A 7 o , B and C according to Articles
fertilisers shall not be spread on derogated parcels between 1
4 and 5 of the Flemish Ministerial Decree of 19 July 2007 ( 1 ) is
September and 15 February the following year.
recorded through geographic positioning systems.
11. At least two thirds of the amount of nitrogen from
manure, excluding nitrogen from manure from grazing
3. The
competent
authorities
shall
ensure
that
manure
livestock, shall be applied before 31 May each year.
composition with regard to nitrogen and phosphorus concen
tration is assessed before each transport. Manure samples shall
be analysed by recognised laboratories and results of the
Article 7
analysis shall be communicated to the competent authorities
Land management
and to the receiving farmer.
Farmers benefiting from individual derogation shall carry out
the following measures:
4. The
competent
authorities
shall
ensure
that
a
document
specifying the amount of transported manure and its nitrogen
(a) grassland shall be ploughed in spring for all soil types
and phosphorus content is available during transport.
except clay soils;
(b) grassland on clay soils shall be ploughed before 15
Article 10
September;
Monitoring
(c) grassland on derogated parcels shall not include sown
1. The
competent
authority
shall
ensure
that
maps
showing
leguminous or other plants fixing atmospheric nitrogen;
the percentage of farms, number of parcels, percentage of
livestock, percentage of agricultural land and local land use
covered by individual derogation for each municipality are
(d) a crop with high nitrogen demand shall be seeded within 2
drawn up and updated every year. Data on crop rotations
weeks after ploughed grass and fertilisers shall not be
and agricultural practices covered by individual derogation
applied in the year of ploughing of permanent grassland;
shall be collected and updated every year.
(e) catch crops shall be seeded within 2 weeks after harvest of
winter wheat or triticale and no later than 10 September;
2. The
monitoring
network
for
sampling
of
surface
and
shallow groundwater established under Decision 2008/64/EC
shall be maintained to assess the impact of the derogation on
(f) catch crops shall not be ploughed before 15 February in
water quality. The amount of initial monitoring sites cannot be
order to ensure permanent vegetal cover of the arable area
reduced and the location of the sites cannot be changed during
for recovering subsoil autumn losses of nitrates and limit
the period of applicability of this Decision.
winter losses.
Article 8
3. A
reinforced
monitoring
shall
be
conducted
in
agricultural
Other measures
catchments on sandy soils.
The competent authorities shall ensure that derogations
( 1 ) Belgisch Staatsblad of 31 August 2007, p. 45564, in execution of
granted for the application of treated manure are compatible
some articles of the Manure Decree.

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EN
3.8.2011 Official
Journal
of
the
European
Union L
200/27
4. The
monitoring
sites,
corresponding
to
at
least
150
farms,
Article 12
established under Decision 2008/64/EC shall be maintained in
order to provide data on nitrogen and phosphorus concen
Reporting
tration in soil water, on mineral nitrogen in soil profile and
The competent authorities shall submit every year by December
corresponding nitrogen and phosphorus losses through the root
and for 2014 by September a report containing the following
zone into groundwater, as well as on nitrogen and phosphorus
information:
losses by surface and subsurface runoff, both under derogation
and non-derogation conditions. The monitoring sites shall
include main soil types (clay, loamy, sandy and loessial soils),
(a) maps showing the percentage of farms, percentage of
fertilisation practices and crops. The composition of the moni
livestock, percentage of agricultural land and local land
toring network shall not be modified during the period of
use, as well as data on crop rotations and agricultural
applicability of this Decision.
practices in derogation farms, as referred to in Article 10(1);
(b) the results of water monitoring, including information on
Article 11
water quality trends for ground and surface waters, as well
Verification
as the impact on derogation on water quality as referred to
in Article 10(2);
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
(c) evaluation of the nitrate residue in soil profile in autumn for
for in Articles 5, 6 and 7 are not fulfilled, the applicant shall be
the derogated parcels and a comparison with nitrate residue
informed thereof. In this instance, the application shall be
data and trends on non-derogated parcels for similar crop
considered to be refused.
rotations. Non-derogated parcels should include non-
derogated parcels on farms benefiting from derogation
and parcels on other farms;
2. A programme of field inspections shall be established
based on risk analysis, results of controls of the previous
(d) evaluation of the implementation of the derogation
years and results of general random controls of application of
conditions, on the basis of controls at farm and parcel
legislation implementing Directive 91/676/EEC. The field
level, as well as controls on manure transport, and
inspections shall cover at least 5 % of the farms benefiting
information on non-compliant farms, on the basis of the
from individual derogation in respect to the conditions set
results of the administrative and field inspections;
out in Articles 5, 6 and 7 of this Decision. Where verification
indicates non-compliance, the farmer shall be informed thereof.
In this instance, the request for derogation the next year shall be
(e) information on manure treatment, including further
considered to be refused.
processing and utilisation of the solid fractions, and
provide detailed data on the characteristics of treatments
systems, their efficiency and composition of treated manure;
3. The
results
of
the
measurements
as
referred
to
in
Article 6(8) shall be verified. Where verification indicates non-
compliance, including that the basic threshold, as defined in the
(f) information on the amount of farms benefiting from dero
Manure Decree, was exceeded, the farmer shall be informed
gation and derogated parcels on which treated manure and
thereof and an application for derogation for the following
effluents with low nitrogen and phosphate content has been
year for the parcel or parcels will be refused.
applied as well as their volumes;
(g) the methodologies to assess the composition of treated
4. The
competent
authorities
shall
ensure
on-spot
controls
of
manure, the variations in composition and treatment effi
at least 1 % of manure transport operations, based on risk
ciency for each farm benefiting from individual derogation,
assessment and results of administrative controls referred to
referred to in Article 5(3);
in paragraph 1. Controls shall include verification of the
fulfilment of the obligations on accreditation, assessment of
accompanying documents, verification of manure origin and
(h) the inventory of manure treatment installation as referred to
destination and sampling of transported manure. Manure
in Article 5(4);
sampling can be carried out, where appropriate, using
automatic manure samplers installed on the vehicles, during
loading operations. Manure samples shall be analysed by labora
(i) summary and evaluation of data obtained from the moni
tories recognised by the competent authorities and results of the
toring sites referred to in Article 10(4).
analysis shall be communicated to the delivering and to the
receiving farmer.
Article 13
Application
5. The
competent
authorities
shall
be
granted
the
necessary This Decision shall apply in the context in conjunction with the
powers and means to verify compliance with derogation
action programme 2011-14 for the Region of Flanders (Manure
granted under this Decision.
Decree) and shall expire on 31 December 2014.

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L 200/28
EN
Official Journal of the European Union
3.8.2011
Article 14
This Decision is addressed to the Kingdom of Belgium.
Done at Brussels, 29 July 2011.
For the Commission
Janez POTONIK
Member of the Commission

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