{
  "url": "https://openlegislation.uk/eu-decision-2020-1073/article-4",
  "json_url": "https://openlegislation.uk/eu-decision-2020-1073/article-4.json",
  "legislation": "eudn/2020/1073",
  "legislation_title": "Commission Implementing Decision (EU) 2020/1073 of 17 July 2020 granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (Only the Dutch version is authentic)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2020-1073",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "General conditions for the derogation",
  "text": "The derogation is granted on the following conditions:\n(1) The Netherlands shall monitor the amount of manure produced and shall ensure that manure production at national level, both in terms of nitrogen and phosphorus, will not increase beyond the level of the year 2002 corresponding to 504,4 million kg of nitrogen and 172,9 million kg of phosphate.\n(2) The Netherlands shall fully implement an enhanced enforcement strategy aiming at strengthening the compliance with the rules on Dutch manure policy and at ensuring that any information pointing at situations of non-compliance is followed up effectively.\nThe enhanced enforcement strategy shall, as a minimum, include the following elements:\n(a) an independent assessment of the scale and scope of cases of deliberate non-compliance with the national rules on manure. This assessment should be carried out by the competent national authorities responsible for inspections of the national manure rules together with the competent national authorities responsible for investigating and prosecuting offences of a criminal nature;\n(b) an identification of the areas of manure handling and management with a higher risk of deliberate non-compliance with the national rules on manure;\n(c) a strengthening of the capacity for inspections and controls, which shall be at least equal to 40 % of the capacity required for the field inspections of grassland farms covered by an authorisation as referred to in Article 11(2), including random controls, and a better targeting of that capacity to risk areas of manure handling and management;\n(d) a clear methodology for establishing sufficiently effective, proportionate and dissuasive penalties and sanctions;\n(e) full implementation of the enforcement in high risk areas De Peel, Gelderse Vallei and Twente, in spring 2020;\n(f) real time accountability of manure transport via automation by end 2020;\n(g) decision on revision of the sanction policy by end of June 2020;\n(h) individual inspection of 5,5 % of the pig farms. Measures to prevent the risk of spreading of the COVID-19 virus may have an impact on the feasibility of this percentage.\n(3) The enhanced enforcement strategy shall be revised, in the light of the experience gained during its implementation, in particular if, by December 2021, the number of irregularities or cases of non-compliance found is not diminishing, to include reinforced controls and measures. The revised strategy shall be notified to the Commission.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2020/1073/article/4",
    "retrieved_at": "2026-11-01T15:12:12.738636+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."
}