Article 4 Conditions for the derogation

The derogation is granted on the following conditions:

1. (1)

   As of 1 August 2017, Order No 865 of 23 June 2017 on commercial livestock, livestock manure, silage, etc. has entered into force establishing direct phosphorus ceilings at different levels throughout the country depending on fertiliser type. Ceilings cover application of phosphorus from all types of fertilisers: organic fertilisers, including manure, biogas digestate, degassed plant biomass, sludge from sewage water treatment as well as industrial fertilisers. Stricter phosphorus application ceilings shall be applied in certain catchments having a phosphorus vulnerable aquatic environment.

2. (2)

   An indicator and monitoring system shall be in place for the amount of phosphorus applied on agricultural fields in Denmark. Where either the indicator system or the monitoring system shows that the actual annual average phosphorus fertilisation rate on agricultural soils in Denmark might exceed or has actually exceeded the levels of average national phosphorus fertilisation allowed to be reached over the period 2018 to 2025, the ceilings for maximum phosphorus application shall be reduced accordingly.

3. (3)

   As of 5 April 2017, Danish Act No 310 of 4 April 2017 amending the Act on agricultural use of fertiliser and plant cover (Requirement to establish targeted catch crops) has entered into force establishing a combined targeted scheme for voluntary and mandatory catch crops based on the need to reduce nitrates contents in groundwater bodies and in coastal waters. Under the scheme, the obligatory provisions for catch crops shall enter into force automatically if the voluntary agreements for catch crops fail to deliver the sufficient environmental objectives. According to Act No 497 of 22 May 2018 amending Act on agricultural use of fertiliser and on plant cover (Targeted nitrates regulation etc.), catch crops may be substituted by specified alternative measures under the scheme.

4. (4)

   The catch crops established under that scheme shall be additional to the catch crops planted in order to fulfil the national mandatory requirement of 10 or 14 % catch crops on the farm's crop ground area, and may not be established in the same area as that used to meet the Ecological Focus Area requirement for catch crops.