Implementing decision 2020/1074 - Commission Implementing Decision 2020/1074 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 (Only the Danish version is authentic) - Main contents

EN

Official Journal of the European Union

L 234/29

By Decision 2002/915/EC (2), the Commission granted a derogation requested by Denmark pursuant to Directive 91/676/EEC, allowing the application of livestock manure containing up to 230 kg nitrogen per hectare per year on certain cattle holdings. That derogation was extended by Commission Decisions 2005/294/EC (3) and 2008/664/EC (4), and by Commission Implementing Decisions 2012/659/EU (5), (EU) 2017/847 (6) and (EU) 2018/1928 (7).

The derogation granted by Implementing Decision (EU) 2018/1928 for the period 2017/2018 concerned 1 312 cattle holdings, 396 000 livestock units (equivalent to 39,6 million kg N in livestock manure) and 198 195 hectares of arable land, corresponding respectively to 3,9 % of the total number of holdings, 18,1 % of the total nitrogen (N) in livestock manure applied and 8,2 % of the total net agricultural area.

By letter of 20 March 2020, 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.

Denmark has an action programme in conformity with Article 5 of Directive 91/676/EEC, by means of parts of Executive Order No 760 of 30 June 2019 on Environmental Regulation of Animal Husbandry and the Storage and Use of Fertilisers, Act No 338 of 2 April 2019 on Agricultural Use of Fertilisers and on Nutrient-Reducing Measures as amended, Executive Order No 762 of 29 July 2019 on Agricultural Use of Fertilisers in the planning period 2019/2020, and Executive Order No 66 of 28 January 2020 on Nutrient-Reducing Measures and Agricultural-Related Measures in Agriculture for the planning period 2020/2021. As a supplement to those measures, Denmark performs a targeted regulation from 2019 pursuant to Act No 338 of 2 April 2019 on Agricultural Use of Fertilisers and on Nutrient-Reducing Measures as amended. In addition, the Danish legislation includes a general phosphorus regulation, according to Act No 256 of 21 March 2017 on Livestock Husbandry and Use of Fertilizers, and Order No 865 of 23 June 2017 on Commercial Livestock, Livestock Manure, Silage etc., now Order No 760 of 30 July 2019.

The Danish legislation implementing Directive 91/676/EEC includes limits for the application of nitrogen. Legislation limiting the application of phosphorus entered into force in August 2017.

The 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 Act No 338 of 2 April 2019, as amended. The scheme is necessary to ensure that the application of the current derogation would not lead to deterioration of water quality.

The information provided by Denmark in the context of the derogation granted by Implementing Decision (EU) 2018/1928 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 (8) 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 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 as good status.

The 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 and 2008/664/EC, and Implementing Decisions 2012/659/EU, (EU) 2017/847 and (EU) 2018/1928, considers that the amount of manure envisaged by Denmark, namely 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.

In 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, while 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.

Directive 2007/2/EC of the European Parliament and of the Council (9) 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 (10).

The 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,

‘cattle farm’ means a holding with a yearly production of nitrogen in livestock manure above 300 kg of which at least two thirds are from cattle;

‘crops being undersown by grass’ means silage cereals, silage maize, spring cereals, winter cereals or spring barley and pea, to be undersown by grass before or after harvest;

‘crops with high nitrogen uptake and long growing season’ means any of the following:

‘grass’ means permanent or temporary grassland;

‘soil profile’ means the soil layer below ground level to a depth of 0,90 m or to the average highest groundwater level where that level is less than 0,90 m below ground level.

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.

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.

As of 5 April 2019, Danish Act No 338 of 2 April 2019 on Agricultural Use of Fertilisers and on Nutrient-Reducing Measures as amended has entered into force establishing a combined target scheme for voluntary and mandatory measures based on the need to reduce nitrates contents in groundwater bodies and in coastal waters. From 2020, the scheme is part of the Danish implementation of the obligations under Directive 2000/60/EC of the European Parliament and of the Council (11). Those measures provide for the establishment of catch crops or alternative measures provided in national legislation. Under the scheme, the obligatory provisions for nitrogen reduction shall enter into force automatically if the voluntary agreements for nitrogen reduction fail to deliver the sufficient environmental objectives.

The catch crops established under that scheme shall be additional to the catch crops planted in order to fulfil the national mandatory requirement of 10,7 or 14,7 % catch crops on the cattle farm’s crop ground area or the national mandatory requirement in corresponding Executive Orders for the subsequent planning periods, and may not be established in the same area as that used to meet the Ecological Focus Area requirement for catch crops.

a crop rotation plan specifying the following:

the number of livestock on the cattle farm;

a description of the housing and manure storage system, including the volume of manure storage available;

a calculation of the manure nitrogen and phosphorus produced on the cattle farm;

a description of manure treatment, where applicable, and expected characteristics of the treated manure;

the amount, type and characteristics of manure delivered outside the cattle farm or to the farm;

the foreseeable amount of nitrogen and phosphorus required for the crop in each parcel;

a calculation of nitrogen and phosphorus application from manure for each parcel;

a calculation of nitrogen and phosphorus application from chemical and other fertilisers for each parcel;

an indication of the time of application of manure and chemical fertilisers.

clover and alfalfa in grassland together amounting to less than 50 %;

barley and pea undersown with grass.

the percentage of the cattle farms in each municipality which are covered by authorisations;

the percentage of the livestock in each municipality which is covered by authorisations;

the percentage of the agricultural land in each municipality which is covered by authorisations.

clover or alfalfa in grassland;

barley and pea undersown with grass.

maps showing the percentage of cattle farms, percentage of livestock, percentage of agricultural land covered by individual derogations for each municipality, as well as maps on local land use, referred to in Article 10(1);

the results of ground and surface water monitoring, as regards nitrates and phosphorus concentrations, including information on water quality trends, both under derogation and non-derogation conditions, as well as the impact of derogation on water quality, as referred to in Article 10(2);

the results of soil monitoring as regards nitrate and phosphorus concentrations in the root zone water as well as regards nitrogen and phosphorus in the soil, both under derogation and non-derogation conditions, as referred to in Article 10(2);

results of the surveys on local land use, crop rotations and agricultural practices, referred to in Article 10(3);

results of model-based calculations of the magnitude of nitrogen and phosphorus losses from cattle farms benefitting from an authorisation, referred to in Article 10(3);

tables showing the percentage of agricultural land under derogation covered by clover or alfalfa in grassland and by barley/pea undersown with grass, referred to in Article 10(4);

evaluation of the implementation of the derogation conditions, on the basis of controls at farm level and information on non-compliant cattle farms, on the basis of the results of the administrative control and inspections, referred to in Article 11;

trends in livestock numbers and manure production for each livestock category in Denmark and in cattle farms benefitting from the derogation;

the implementation of the conditions for the derogation set in Article 4.