{
  "url": "https://openlegislation.uk/eu-decision-2019-1325/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2019-1325/introduction.json",
  "legislation": "eudn/2019/1325",
  "legislation_title": "Commission Implementing Decision (EU) 2019/1325 of 27 May 2019 granting a derogation requested by the United Kingdom with regard to Northern Ireland 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) 3816) (Only the English text is authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2019-1325",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Implementing Decision (EU) 2019/1325\nof 27 May 2019\ngranting a derogation requested by the United Kingdom with regard to Northern Ireland 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(2019) 3816)\n(Only the English 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)\nCommission Decision 2007/863/EC granted a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Directive 91/676/EEC, allowing the application of livestock manure up to a limit of 250 kg nitrogen per hectare per year, under certain conditions, on farms in Northern Ireland with at least 80 % grassland.\n(2)\nCommission Decision 2011/128/EU extended that derogation until 31 December 2014 and Commission Implementing Decision (EU) 2015/346 granted a similar derogation until 31 December 2018.\n(3)\nThe derogation granted by Implementing Decision (EU) 2015/346 concerned 478 farms in 2018, corresponding to approximately 1,9 % of the total number of holdings and 4 % of the total net agricultural area in Northern Ireland.\n(4)\nOn 20 February 2019, the United Kingdom submitted to the Commission a request under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC for a derogation for the region of Northern Ireland.\n(5)\nThe United Kingdom, in conformity with Article 3(5) of Directive 91/676/EEC, applies an action programme throughout the whole territory of the region of Northern Ireland.\n(6)\nThe Report from the Commission to the Council and the European Parliament on the implementation of Directive 91/676/EEC for the period 2012-2015 shows that in the region of Northern Ireland, 98,2 % of monitoring stations have reported mean nitrate concentrations in the groundwater below 25 mg/l and 1,2 % of monitoring stations have reported mean nitrate concentrations in the groundwater higher than 50 mg/l. For surface water, all monitoring stations have reported mean nitrate concentrations below 25 mg/l.\n(7)\nThe number of farms in Northern Ireland increased by 2 % while the total agricultural area did not change from the period 2008 to 2011 to the period 2012 to 2015. The number of cattle did not change, while the number of sheep, pigs and poultry increased by 2 %, 18 % and 14 %, respectively in the period 2012 to 2015 compared to 2008 to 2011. Average nitrogen loading from livestock manure in the period 2012-2015 was 98 kg/ha, with an increase of 1,2 % compared to 2008-2011. Phosphorus average surplus in the period 2012 to 2015 was 11,4 kg/ha, with a decline of 16 % compared to the period 2008 to 2011. Average chemical N fertiliser use increased by 4,1 % in the period 2012 to 2015 compared to 2008-2011. Average chemical P fertiliser use increased by 26 % in the period 2012-2015 compared to 2008 to 2011. However, the average use of chemical P fertiliser in the period 2012 to 2015 was still 40 % lower compared to the average use of that fertiliser in the period 2004 to 2007.\n(8)\nIn 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, 4 % is farmed under agri-environmental programmes and only 25 % is farmed more intensively, at a stocking rate of 2 livestock units per hectare or more. 4 % of agricultural land is used for arable agriculture. The average chemical fertiliser use on grassland is 76 kg/ha nitrogen and 5 kg/ha phosphorus.\n(9)\nNorthern 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.\n(10)\nThe Northern Irish climate, characterised by an even distribution of rainfall throughout the year and a relatively narrow annual temperature range promotes a relatively long grass-growing season ranging from 270 days per year in the coastal area to the east to around 260 days per year in the central lowlands.\n(11)\nAfter examination of the request from the United Kingdom for the region of Northern Ireland in accordance with the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in the light of the Nutrients Action Programme Regulations (Northern Ireland) 2019 and the experience gained from the derogations provided for in Decision 2007/863/EC and Implementing Decision (EU) 2015/346, the Commission considers that the application of an amount of grazing livestock manure proposed by the United Kingdom for the region of Northern Ireland, corresponding to 250 kg nitrogen will not prejudice the achievement of the objectives of Directive 91/676/EEC if the conditions set out in this Decision are met.\n(12)\nThe supporting information presented by the United Kingdom 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.\n(13)\nImplementing Decision (EU) 2015/346 expired on 31 December 2018. To ensure that the farmers concerned can benefit from the requested derogation, it is therefore necessary to adopt this Decision.\n(14)\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 of the Union 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, the United Kingdom, 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(15)\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 2007/863/EC of 14 December 2007 granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 337, 21.12.2007, p. 122)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Commission Decision 2011/128/EU of 24 February 2011 amending Decision 2007/863/EC granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 51, 25.2.2011, p. 21)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Commission Implementing Decision (EU) 2015/346 of 9 February 2015 on granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 60, 4.3.2015, p. 42)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Report of 4 May 2018 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 (COM(2018) 257 final)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "SR 2019 No 81."
    },
    {
      "type": "footnote",
      "label": "f7",
      "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": "f8",
      "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/2019/1325/introduction",
    "retrieved_at": "2026-11-01T15:12:36.328478+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."
}