Implementing decision 2018/209 - Commission Implementing Decision 2018/209 granting a derogation requested by 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(2018) 624) - Main contents
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official title
Commission Implementing Decision (EU) 2018/209 of 8 February 2018 granting a derogation requested by 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(2018) 624)| Legal instrument | implementing decision |
|---|---|
| Number legal act | Implementing decision 2018/209 |
| CELEX number i | 32018D0209 |
| Document | 08-02-2018; Date of adoption |
|---|---|
| Publication in Official Journal | 13-02-2018; OJ L 39 p. 5-10 |
| Effect | 09-02-2018; Takes effect Date notif. |
| End of validity | 31-12-2021; See Art. 11 |
| Notification | 09-02-2018 |
13.2.2018 |
EN |
Official Journal of the European Union |
L 39/5 |
COMMISSION IMPLEMENTING DECISION (EU) 2018/209
of 8 February 2018
granting a derogation requested by 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(2018) 624)
(Only the English text is authentic)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1) and, in particular, the third subparagraph of paragraph 2 of Annex III thereto,
Whereas:
(1) |
Directive 91/676/EEC lays down rules on the protection of waters against pollution caused by nitrates from agricultural sources. If the amount of manure that a Member State intends to allow per hectare each year is different from that specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to that Directive, the amount of manure is to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of Directive 91/676/EEC and has to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake. |
(2) |
On 22 October 2007, the Commission adopted Decision 2007/697/EC (2) granting a derogation requested by Ireland pursuant to Directive 91/676/EEC for the purpose of allowing the application of livestock manure up to a limit of 250 kg nitrogen per hectare per year, under certain conditions, on farms with at least 80 % grassland, in the context of the Irish Action Programme as implemented in the European Communities (Good Agricultural Practices for Protection of waters) Regulations 2006 (Statutory Instrument No 378 of 2006). |
(3) |
On 24 February 2011, the Commission adopted Decision 2011/127/EU (3), amending Decision 2007/697/EC and extending the derogation until 31 December 2013, in the context of the Irish Action Programme as implemented in the European Communities (Good Agricultural Practices for Protection of waters) Regulations 2010 (Statutory Instrument No 610 of 2010). |
(4) |
On 27 February 2014, the Commission adopted Decision 2014/112/EU (4), granting a derogation requested by Ireland pursuant to Directive 91/676/EEC for the purpose of allowing the application of livestock manure up to a limit of 250 kg nitrogen per hectare per year, under certain conditions, on farms with at least 80 % grassland, in the context of the Irish Action Programme as implemented in the European Communities (Good Agricultural Practices for Protection of waters) Regulations 2014 (Statutory Instrument No 31 of 2014). Decision 2014/112/EU expired on 31 December 2017. |
(5) |
The derogation granted by Decision 2014/112/EU concerned 6 802 farms in 2016, corresponding to approximately 5,4 % of the total number of holdings with grazing animals, 20,2 % of the total number of livestock units and 9,3 % of the total net agricultural area in Ireland. |
(6) |
On 7 March 2017, Ireland submitted to the Commission a request for an extension of the derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC. |
(7) |
In conformity with Article 3(5) of Directive 91/676/EEC, Ireland applies an action programme throughout its whole territory. |
(8) |
The data provided by Ireland in the context of the reporting obligation required by Article 10 of Directive 91/676/EEC shows that, for the period 2012-2015, the waters are of generally good quality. All monitoring stations for groundwater in Ireland had mean nitrate concentrations below 50 mg/l and 87 % of those monitoring stations had mean... |
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