Introductory text

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^f1 and, in particular, the third subparagraph of paragraph 2 of Annex III thereto,

Whereas:

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.

On 14 December 2007, the Commission adopted Decision 2007/863/EC^f2 granting a derogation requested by the United Kingdom with regard to Northern Ireland 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 up to a limit of 250 kg nitrogen per hectare per year, under certain conditions, on farms with at least 80 % grassland.

On 24 February 2011, the Commission adopted Decision 2011/128/EU^f3, amending Decision 2007/863/EC and extending the derogation through 31 December 2014.

The derogation granted by Decision 2007/863/EC as amended by Decision 2011/128/EU concerned 145 farms in 2013, corresponding to approximately 0,59 % of the total number of holdings and 0,42 % of the total net agricultural area.

On 10 October 2014, the United Kingdom for the region of Northern Ireland submitted to the Commission a request for Derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.

The United Kingdom for the region of Northern Ireland, in conformity with paragraph 5 of Article 3 of Directive 91/676/EEC, applies an action programme throughout its whole territory.

The Report from the Commission to the Council and the European Parliament on the implementation of Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources based on Member State reports for the period 2008-2011 shows that in the United Kingdom for the region of Northern Ireland for groundwater, all monitoring stations have mean nitrate concentrations below 50 mg/l and 93 % of monitoring stations have mean nitrate concentrations below 25 mg/l. For surface water, all monitoring stations have mean nitrate concentrations below 25 mg/l.

The number of livestock and the utilisation of chemical fertilisers decreased over the last number of years. Cattle, poultry and sheep numbers decreased respectively by 5 %, 5 % and 10 %, while pig numbers increased by 4 % from the period 2004-2007 to the period 2008-2011. Average nitrogen loading from livestock manure in the period 2008-2011 was 117 kg/ha, with a decline of 6,4 % compared to 2004-2007. Phosphorus average surplus in the period 2008-2011 was 13,6 kg/ha, with a decline of 30,1 % compared to 2004-2007. Average chemical N fertiliser use decreased by 18,4 % in the period 2008-2011 compared to 2004-2007. Average chemical P fertiliser use decreased by 53 % in the period 2008-2011 compared to 2004-2007.

In Northern Ireland, 93 % of agricultural land is devoted to grassland. Overall, in grassland farms, 42 % of the land area is farmed extensively and has a stocking rate of less than 1 livestock unit per hectare and low fertiliser inputs, 37 % is farmed under agri-environmental programmes and only 24 % is farmed more intensively, at a stocking rate of 2 livestock units per hectare or more. 5 % is used for arable agriculture. The average chemical fertiliser use on grassland is 79 kg/ha nitrogen and 5 kg/ha phosphorus.

Northern Ireland is characterised by high rainfall and the prevalence of soil with poor drainage. Due to impeded drainage, the denitrification potential of the majority of soils in Northern Ireland is relatively high, reducing the nitrate concentration in soil and, therefore, the amount of nitrate susceptible to leaching.

The Northern Irish climate, characterised by an annual rainfall evenly distributed throughout the year and a relatively narrow annual temperature range promotes a relatively long grass-growing season where land is actively managed and farmed, ranging from 270 days per year in the coastal area to the east to around 260 days per year in the central lowlands.

The Commission, after examination of the request from the United Kingdom for the region of Northern Ireland, having considered the Action Programme and in the light of the experience gained from the derogation provided for in Decision 2007/863/EC as amended by Decision 2011/128/EU considers that the amount of livestock manure proposed by Northern Ireland, corresponding to 250 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.

The supporting information presented by Northern Ireland shows that the proposed amount of 250 kg nitrogen per hectare per year from livestock manure on farms with at least 80 % grassland is justified on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake.

The Decision 2007/863/EC as amended by Decision 2011/128/EU has an expiration date of 31 December 2014. For the purpose of ensuring that the farmers concerned may continue to benefit from the derogation, it is appropriate to adopt this Decision.

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,

HAS ADOPTED THIS DECISION: