Implementing decision 2019/1325 - Granting of 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)

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1.

Current status

This implementing decision was in effect until December 31, 2022 and should have been implemented in national regulation on May 28, 2019 at the latest.

2.

Key information

official 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)
 
Legal instrument implementing decision
Number legal act Implementing decision 2019/1325
CELEX number i 32019D1325

3.

Key dates

Document 27-05-2019; Date of adoption
Publication in Official Journal 06-08-2019; OJ L 206 p. 21-26
Effect 28-05-2019; Takes effect Date notif.
Deadline 30-06-2019; At the latest See Art 10
30-06-2020; At the latest See Art 10
30-06-2021; At the latest See Art 10
30-06-2022; At the latest See Art 10
End of validity 31-12-2022; See Art. 11
Notification 28-05-2019

4.

Legislative text

6.8.2019   

EN

Official Journal of the European Union

L 206/21

 

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)

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)

Commission Decision 2007/863/EC (2) 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.

 

(2)

Commission Decision 2011/128/EU (3) extended that derogation until 31 December 2014 and Commission Implementing Decision (EU) 2015/346 (4) granted a similar derogation until 31 December 2018.

 

(3)

The 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.

 

(4)

On 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.

 

(5)

The 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.

 

(6)

The Report from the Commission to the Council and the European Parliament on the implementation of Directive 91/676/EEC for the period 2012-2015 (5) 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.

 

(7)

The 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.

 

(8)

In 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...


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This text has been adopted from EUR-Lex.

 

5.

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