# 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), Introduction: Introductory text

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

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,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources and, in particular, the third subparagraph of paragraph 2 of Annex III thereto,
Whereas:
(1)
If the amount of manure that a Member State intends to 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 objectives specified in Article 1 of that Directive and it has to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake.
(2)
On 18 November 2002, the Commission adopted Decision 2002/915/EC granting a derogation requested by Denmark pursuant to Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, allowing the application of livestock manure containing up to 230 kg nitrogen per hectare per year on specific cattle holdings within the framework of the Danish action programme 1999-2003. The derogation was extended by Commission Decision 2005/294/EC in connection with the Danish action programme 2004-2007 and by Commission Decision 2008/664/EC in connection with the Danish action programme 2008-2012.
(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 134 698 hectare of arable land, corresponding respectively to 3,3 %, 12,5 % and 6,1 % of the total in Denmark.
(4)
On 20 June 2012, Denmark submitted to the Commission a request for renewal of the derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.
(5)
Denmark has established an action programme for the period 2012-2015, in conformity with Article 5 of Directive 91/676/EEC, by means of Order on commercial livestock, livestock manure, silage, etc. (the livestock manure notice) No 764 of 28 June 2012, Consolidated Act on farms’ use of fertiliser and on plant cover No 415 of 3 May 2011 and Order on farms’ use of fertiliser and on plant cover No 845 of 12 July 2011, which applies to the whole Danish territory.
(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 courses, 99 % of monitoring sites have mean nitrate concentrations below 50 mg/l and 76 % of monitoring sites below 25 mg/l.
(7)
The Commission, after examination of Denmark’s request and in the light of the experience gained from the derogation as provided in Decisions 2002/915/EC, 2005/294/EC and 2008/664/EC considers that the amount of manure envisaged by Denmark, 230 kg nitrogen per hectare per year, will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.
(8)
Decision 2008/664/EC expired on 31 July 2012. For the purpose of ensuring that the cattle farmers concerned may continue to benefit from the derogation, it is appropriate to extend the validity of Decision 2008/664/EC.
(9)
The articles 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,
HAS ADOPTED THIS DECISION:

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