{
  "url": "https://openlegislation.uk/eu-decision-2016-1040/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2016-1040/introduction.json",
  "legislation": "eudn/2016/1040",
  "legislation_title": "Commission Implementing Decision (EU) 2016/1040 of 24 June 2016 on granting a derogation requested by Italian Republic with regard to the Regions of Lombardia and Piemonte pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2016) 3820) (Only the Italian text is authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-1040",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2016/1040\nof 24 June 2016\non granting a derogation requested by Italian Republic with regard to the Regions of Lombardia and Piemonte pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources\n(notified under document C(2016) 3820)\n(Only the Italian text is authentic)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving 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,\nWhereas:\n(1)\nIf 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.\n(2)\nOn 3 November 2011, the Commission adopted Implementing Decision 2011/721/EU, allowing Italy to authorise in the regions of Emilia Romagna, Lombardia, Piemonte and Veneto, under certain conditions, the application of up to 250 kg nitrogen per hectare per year from cattle manure and treated pig manure on farms with at least 70 % of crops with high nitrogen demand and long growing season.\n(3)\nThe derogation granted by Implementing Decision 2011/721/EU concerned approximately 300 farms and 13 000 ha of land and expired on 31 December 2015.\n(4)\nOn 20 January 2016, Italy submitted to the Commission a request for a derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC with regard to the Regions of Lombardia and Piemonte.\n(5)\nThe requested derogation concerns the intention of Italy to allow the application in the Regions of Lombardia and Piemonte of up to 250 kg nitrogen per hectare per year from cattle manure and treated pig manure on farms with at least 70 % of crops with high nitrogen demand and long growing season. Approximately 600 cattle farms and 60 pig farms in the Regions of Lombardia and Piemonte corresponding to respectively 15 % and 6 % of total cattle and total pig farms in the same regions, 4 % of the Utilized Agricultural Area (UAA) and 14 % of the total dairy livestock and 7,4 % of total pig numbers in the same regions are estimated to be potentially encompassed by the derogation. Arable farms can also apply for the derogation.\n(6)\nThe legislation implementing Directive 91/676/EEC and establishing the action programmes in Lombardia (Decision n. X/5171 of 16 May 2016) and Piemonte (Decision n. 19/2971 of 29 February 2016) has been adopted and applies in conjunction with this Decision for the period 2016 to 2019.\n(7)\nThe designated vulnerable zones to which the action programmes apply cover about 80 % of the UAA of Lombardia and 44 % of the UAA of Piemonte.\n(8)\nWater quality data submitted show that for groundwater in the Regions of Lombardia and Piemonte 87 % of groundwater bodies have mean nitrate concentrations below 50 mg/l nitrate and 55 % have mean nitrate concentrations below 25 mg/l nitrate. For surface waters, more than 90 % of monitoring sites have mean nitrate concentrations below 25 mg/l and no points have nitrate concentrations over 50 mg/l nitrate.\n(9)\nThe Regions Lombardia and Piemonte account for more than 35 % of livestock in Italy: in particular, 38 % of dairy cattle, 60 % of pigs and 15 % of poultry. Livestock numbers show a decreasing trend in the period 2007-2013.\n(10)\nIn the period 2003-2013, chemical nitrogen consumption declined about 27 %, as well as utilisation of mineral phosphorus fertilisers; the latter has been reduced by 57 %.\n(11)\nGrassland, maize grain, maize silage and winter cereals occupy about 65 % of the total agricultural area in Lombardia and Piemonte.\n(12)\nThe supporting documents presented in the request for the derogation show that the proposed amount of 250 kg nitrogen per hectare per year from cattle manure and treated pig manure is justified on the basis of objective criteria such as high net precipitation, long growing seasons and high yields of crops with high nitrogen uptake.\n(13)\nAfter examining the request, the Commission considers that the proposed amount of 250 kg per hectare from cattle manure and treated pig manure will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.\n(14)\nDirective 2000/60/EC of the European Parliament and the Council provides for a comprehensive, cross-border approach to water protection organised around river basin districts, with the objective of achieving a good status for European bodies of water by 2015. Reducing nutrients is an integral part of that objective. Granting of a derogation under this Decision is without prejudice to the provisions pursuant to Directive 2000/60/EC and does not exclude that additional measures may be needed to fulfil obligations derived from it.\n(15)\nDirective 2007/2/EC of the European Parliament and of the Council lays down general rules aimed at the establishment of the Infrastructure for Spatial Information in the Union for the purposes of environmental policies of the Union and policies or activities which may have an impact on the environment. Where applicable, the spatial information collected in the context of this Decision should be in line with the provisions set out in that Directive. In order to reduce administrative burden and enhance data coherence, Italy, when collecting the necessary data under this Decision should, where appropriate, make use of the information generated under the Integrated Administration and Control System established pursuant to Chapter II of Title V of Regulation (EU) No 1306/2013 of the European Parliament and of the Council.\n(16)\nThe 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,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 375, 31.12.1991, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Commission Implementing Decision 2011/721/EU of 3 November 2011 on granting a derogation requested by Italy with regard to the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 287, 4.11.2011, p. 36)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Directive 2000/60/EC of the European Parliament and the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/1040/introduction",
    "retrieved_at": "2026-11-01T15:13:55.741828+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}