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...