# 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), Article 5: Application of manure and other fertilisers

Extent: E+W+S+N.I.

The amount of livestock manure applied to the land each year on cattle farms benefiting from an individual derogation, including by the animals themselves, shall not exceed the amount of manure containing 230 kg nitrogen per hectare, under the following conditions:
(1) the total nitrogen inputs must comply with the nutrient uptake of the considered crop, considering the nitrogen supply from the soil. It shall not exceed for all crops, in any case, the maximum application standards for nitrogen, as established in the action programme. The nitrogen maximum application standards shall be fixed at least 10 % below economic optimum.
(2) each cattle farm benefiting from an individual derogation 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 the following:
(a) the crop rotation plan, which must specify the acreage of parcels with crops with high nitrogen demand and long growing season and parcels with other crops, including a sketch map indicating the location of individual fields;
(b) the number of livestock, a description of the housing and storage system, including the volume of manure storage available;
(c) a calculation of manure nitrogen and phosphorus produced on the farm;
(d) the description of manure treatment, if present, and expected characteristics of treated manure;
(e) the amount, type and characteristics of manure delivered outside the farm or to the farm;
(f) the foreseeable nitrogen and phosphorus crop requirements for each parcel;
(g) a calculation of nitrogen and phosphorus application from manure for each parcel;
(h) a calculation of nitrogen and phosphorus application from chemical and other fertilisers for each parcel;
(i) the indication of the time of application of manure and chemical fertilisers.
Plans shall be revised no later than seven days following any change in agricultural practices to ensure consistency between plans and actual agricultural practices.
(3) each cattle farm benefiting from an individual derogation shall submit the fertilisation account to the competent authorities, including applied amounts of manure and nitrogen fertilisers, by end of March each year;
(4) periodic nitrogen and phosphorus analysis in the plough layer shall be done by each cattle farm benefiting from an individual derogation for accurate fertilisation. Sampling and analysis must be carried out at least once every four years 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 nitrogen and phosphorus analysis in the plough layer shall be available at the cattle farm benefiting from derogation;
(5) livestock manure shall not be spread in the autumn before grass cultivation.

---
Source: https://www.legislation.gov.uk/eudn/2012/659/article/5 (the official version)
Page: https://openlegislation.uk/eu-decision-2012-659/article-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

