{
  "url": "https://openlegislation.uk/eu-decision-2018-1928/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2018-1928/introduction.json",
  "legislation": "eudn/2018/1928",
  "legislation_title": "Commission Implementing Decision (EU) 2018/1928 of 6 December 2018 granting a derogation requested by 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(2018) 8081) (Only the Danish text is authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-1928",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2018/1928\nof 6 December 2018\ngranting a derogation requested by Denmark 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(2018) 8081)\n(Only the Danish 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 thereof,\nWhereas:\n(1)\nOn 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 certain cattle holdings within the framework of the Danish action programme 1999 to 2003. The derogation was extended by Commission Decision 2005/294/EC in connection with the Danish action programme 2004 to 2007, by Commission Decision 2008/664/EC in connection with the Danish action programme 2008-2012, by Commission Implementing Decision 2012/659/EU in connection with the Danish action programme 2008 to 2015 and by Commission Implementing Decision (EU) 2017/847 in connection with the Danish regulation of nutrients in agriculture and the Danish nitrates action programme of June 2017.\n(2)\nThe derogation granted by Implementing Decision (EU) 2017/847 concerned for the period 2015/2016 approximately 1 466 cattle holdings, 443 134 livestock units and 210 061 hectares of arable land, corresponding respectively to 4,2 % of the total number of holdings, 19,6 % of the total livestock units and 8,6 % of the total arable area in Denmark.\n(3)\nOn 6 February 2018, Denmark submitted a request to the Commission for renewal of the derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.\n(4)\nDenmark has an action programme covering the period 2017 to 2020, in conformity with Article 5 of Directive 91/676/EEC, by means of parts of Order on commercial livestock, livestock manure, silage, etc. No 865 of 23 June 2017 as amended, Consolidated Act on agricultural use of fertiliser and on plant cover No 433 of 3 May 2017 as amended and Order No 963 of 12 July 2017 on agricultural use of fertiliser in the planning period 2017/2018. As supplement to those measures, Denmark performs a targeted catch crop scheme in 2017 and 2018 and targeted regulation from 2019 pursuant to Act on agricultural use of fertiliser and on plant cover. In addition, Danish legislation includes a general phosphorus regulation, according to Act on livestock husbandry and use of fertiliser and Order on commercial livestock, livestock manure, silage, etc.\n(5)\nThe Danish legislation implementing Directive 91/676/EEC includes limits for the application of nitrogen. Legislation limiting the application of phosphorus has entered into force in August 2017.\n(6)\nThe Danish legislation includes a combined targeted scheme for voluntary and mandatory catch crops for the period covered by this Decision. Under that scheme, the obligatory provisions for catch crops are to enter into force automatically if the voluntary agreements for catch crops fail to fulfil the environmental objectives. The areas under catch crops are in addition to the national requirement for mandatory catch crops pursuant to the Danish Act No 433 of 3 May 2017 on agricultural use of fertiliser and on plant cover. The abovementioned scheme is necessary to ensure that the application of the current derogation would not lead to deterioration of water quality.\n(7)\nThe information provided by Denmark in the context of the derogation granted by Implementing Decision (EU) 2017/847 shows that the derogation is not leading to a deterioration of water quality as compared to areas not encompassed by the derogation. Data on the implementation of Directive 91/676/EEC for the period 2012 to 2015 show that for groundwater 83,4 % of the monitoring sites have mean nitrate concentrations below 50 mg/l, and 27,5 % below 25 mg/l. For fresh surface water, 99,4 % of the monitoring sites have mean nitrate concentrations below 50 mg/l and 85,8 % of monitoring sites below 25 mg/l. Monitoring data show an overall stable trend in nitrate concentration in groundwater and fresh surface water as compared to the previous reporting period (2008 to 2011). Data on eutrophication show that that 25 % of monitored lakes were classified as high/good status and 75 % as less than good status and that 2 out of 119 monitored estuarine/coastal water bodies were classified in a good status.\n(8)\nThe Commission, after examination of Denmark's request on the basis of the elements described in the third subparagraph of paragraph 2 of Annex III of Directive 91/676/EEC and in the light of the experience gained from the derogation as provided for in Decisions 2002/915/EC, 2005/294/EC, 2008/664/EC and Implementing Decision 2012/659/EU, 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 as regards catch crops, phosphorus ceilings, crop rotation, application of manure and other fertilisers, soil sampling and analyses being met.\n(9)\nIn farms authorised to apply livestock manure containing up to 230 kg nitrogen per hectare per year, fertilisation plans should be updated in a timely manner to ensure consistency with actual agricultural practices and permanent vegetal cover of arable area and catch crops should be used to ensure recovering subsoil autumn losses of nitrates and limit nitrogen winter losses.\n(10)\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. The 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(11)\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 the administrative burden and enhance data coherence, Denmark, when collecting the necessary data under this Decision should 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(12)\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 Decision 2002/915/EC of 18 November 2002 concerning a request for derogation under paragraph 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning protection of waters against pollution caused by nitrates from agricultural sources (OJ L 319, 23.11.2002, p. 24)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Commission Decision 2005/294/EC of 5 April 2005 concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 94, 13.4.2005, p. 34)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Commission Decision 2008/664/EC of 8 August 2008 amending Decision 2005/294/EC concerning a request for derogation under point 2(b) of Annex III to and Article 9 of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 217, 13.8.2008, p. 16)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Commission Implementing Decision 2012/659/EU 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 (OJ L 295, 25.10.2012, p. 20)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Commission Implementing Decision (EU) 2017/847 of 16 May 2017 granting a derogation requested by Denmark pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 125, 18.5.2017, p. 35)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "SWD(2018) 246 final — Commission Staff Working Document accompanying the document Report from the Commission to the Council and the European Parliament on the implementation of Council 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 2012-2015."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "Directive 2000/60/EC of the European Parliament and of 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": "f9",
      "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": "f10",
      "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/2018/1928/introduction",
    "retrieved_at": "2026-11-01T15:12:54.887127+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."
}