# Commission Implementing Decision (EU) 2019/1205 of 12 July 2019 granting a derogation requested by Belgium with regard to the region of Flanders pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2019) 5180) (Only the Dutch and the French texts are authentic), Article 7: Conditions regarding the application of manure and other fertilisers

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

1. Subject to the conditions laid down in paragraphs 2 to 11, the amount of grazing livestock manure, treated manure and effluent with low nitrogen and phosphate content applied each year, including the manure applied by the animals themselves, shall not exceed any of the following values:
(a) 250 kg of nitrogen per hectare per year on parcels cultivated with the following:
(i) grassland and maize undersown with grassland;
(ii) cut grassland followed by maize;
(iii) cut rye followed by maize;
(iv) grassland with less than 50 % of clover;
(b) 200 kg of nitrogen per hectare per year on parcels cultivated with the following:
(i) winter wheat followed by a catch crop;
(ii) triticale followed by a catch crop;
(iii) sugar or fodder beets.
2. Treated manure may only be applied if it has a nitrogen to phosphate ratio (N/P2O5) of minimum 3,3 to 1, unless it qualifies as effluent with low nitrogen and phosphate content.
3. The total nitrogen and phosphate land application shall correspond to the nutrient demand of the considered crop and take into account the supply from the soil and the increased manure nitrogen availability due to treatment. It shall not exceed the maximum amounts established in the Manure Decree for the land application of phosphate and nitrogen.
4. Phosphate from chemical fertiliser shall not be applied except on soils with low P-availability (class I) and soils in the target zone (class II).
5. A fertilisation plan shall be prepared and kept for each farm, for its whole acreage.
The fertilisation plan shall include the following:
(a) the number of livestock;
(b) a description of the housing and storage system, including the volume of manure storage available;
(c) a calculation of manure nitrogen (minus losses in housing and storage) and phosphorus produced in the farm;
(d) the description of manure treatment and expected characteristics of treated manure;
(e) the amount, type and characteristics of manure delivered outside the farm or to the farm;
(f) the crop rotation and acreage of parcels with crops with high nitrogen demand and long growing season and parcels with other crops;
(g) the foreseeable nitrogen and phosphorus crop requirements for each parcel;
(h) results of soil analysis related to nitrogen and phosphorus soil status if available;
(i) a calculation of nitrogen and phosphorus application from manure over each parcel;
(j) a calculation of nitrogen and phosphorus application from chemical and other fertilisers over each parcel;
(k) calculations for assessment of compliance with nitrogen and phosphorus application standards.
The fertilisation plans shall be available at the farm for each calendar year by 15 February of that year. It shall be revised no later than seven days following any change in agricultural practices.
6. Fertilisation accounts shall be prepared by each farm. They shall be submitted to the competent authority for each calendar year by 15 March of the following calendar year.
7. The fertilisation account shall set out the following:
(a) the crop acreages;
(b) the number and type of livestock;
(c) the manure production per animal;
(d) the amount of fertilisers imported by the farm;
(e) the amount of manure offloaded from the farm and to whom.
8. Results of nitrogen and phosphorus analysis in the soil shall be available for each farm benefitting from the derogation.
Sampling and analysis for nitrogen and for phosphorus shall be carried out at least once every four years no later than 31 May for each homogeneous area of the farm, with regard to crop rotation and soil characteristics.
At least one analysis per five hectares of farmland shall be carried out.
9. Nitrate concentration in the soil profile shall be measured by accredited laboratories every year between 1 October 15 November on at least 6 % of all parcels benefitting from an authorisation pursuant to Article 5 and 1 % of the other parcels in use by farms benefitting from that authorisation, in such a way that at least 85 % of those farms are involved. At least three samples representing three different soil layers within the soil profile shall be taken for every 2 hectares of farmland.
10. Manure, treated manure or effluent with low nitrogen and phosphate content with a total nitrogen content higher than 0,60 kg nitrogen per ton, chemical and other fertilisers shall not be spread on parcels benefitting from an authorisation pursuant to Article 5, between 1 September of each year and 15 February of the following year.
11. At least two thirds of the amount of nitrogen from manure, excluding nitrogen from manure from grazing livestock, shall be applied before 1 June each year.

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Source: https://www.legislation.gov.uk/eudn/2019/1205/article/7 (the official version)
Page: https://openlegislation.uk/eu-decision-2019-1205/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.