(1)

If the amount of manure that a Member State intends to apply per hectare each year is different from the one specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) thereof, that amount has to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and has to be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake. On 8 December 2005, the Commission adopted Decision 2005/880/EC (2) allowing the Netherlands the application of 250 kg nitrogen per hectare per year from livestock manure in farms with at least 70 % grassland.

(2)

The derogation thus granted concerned approximately 25 000 farms in the Netherlands and approximately 900 000 hectares and applied to the period 1 January 2006 to 31 December 2009. The derogation was granted because:

(3)

The Commission considered therefore that the amount of manure requested by the Netherlands would not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met. These conditions included the establishment of fertiliser plans on a farm by farm basis, the recording of fertiliser practices through fertiliser accounts, periodic soil analysis, green cover in winter after maize, specific provisions on grass ploughing, no manure application before grass ploughing and adjustment of fertilisation to take into account the contribution of leguminous crops. These provisions were aimed at ensuring fertilisation based on crop needs and reduction and prevention of nitrogen losses to water.

(4)

In order to avoid that the application of the 2006-2009 derogation granted by Decision 2005/880/EC would lead to intensification, the competent authorities were compelled to ensure that manure production both in terms of nitrogen and phosphorus would not increase beyond the level of the year 2002 in accordance with the Dutch third national action programme.

(5)

The Netherlands have communicated the maps and reports referred to in Article 8 and Article 10 of Decision 2005/880/EC in time.

(6)

On 14 July 2009 the Netherlands submitted to the Commission a request for an extension of the derogation. The request referred to a detailed justification and to the approval of fourth Nitrates Action Programme (2010-2013) by the Dutch House of Representatives. This fourth action programme indicates the (considerable) progress made in line with the conditions of the 2006-2009 derogation and the challenges ahead. It builds further on the third action programme and contains reinforced measures including stricter nitrogen application standards on sandy soils; stricter phosphorus application standards based on the soil phosphorus status and longer closed periods for land application of fertilisers (3). These legal measures aim at a further reduction of nutrient surplus and further improvement of water quality, if need be by further reinforced action beyond the period 2010-2013.

(7)

Water quality shows a further downward trend in groundwater nitrate concentration and in nutrient concentration (including phosphorus) in surface water with main effects of the third action programme still to be expected in the upcoming years.

(8)

Results of monitoring and controls show that, in the period 2006-2009 approximately 24 000 grassland farms corresponding to approximately 830 000 ha of cultivated land were encompassed by the derogation.

(9)

In order to avoid that the application of the requested derogation leads to intensification, the competent authorities should continue to ensure that manure production both in terms of nitrogen and phosphorus does not increase the level of the year 2002.

(10)

The results achieved so far by the Netherlands are in line with the conditions set out in Decision 2005/880/EC.

(11)

The necessary legal framework for implementing Directive 91/676/EEC and executing the fourth action programme has been adopted and applies equally to the requested derogation.

(12)

Given the measures the Netherlands have committed themselves to in the action programme for the period 2010-2013 the Commission considers that the amount of manure requested by the Netherlands for the period 2010-2013 would not prejudice the achievement of the objectives of Directive 91/676/EEC if the same strict conditions established by Decision 2005/880/EC are met.

(13)

Decision 2005/880/EC expires on 31 December 2009.

(14)

For the purpose of ensuring that the cattle farms concerned may continue to benefit from a derogation, it is appropriate to extend the validity of Decision 2005/880/EC to 31 December 2013 under the same conditions as those set out in articles 4 to 10 of Decision 2005/880/EC.

(15)

The deadline for reporting to the Commission, set by Article 10 of Decision 2005/880/EC, should however be adapted and aligned with the deadline for reporting obligations under article 8 of Decision 2005/880/EC.

(16)

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,

1.

Article 1 is replaced by the following:

2.

Article 10, paragraph 1, second subparagraph is replaced by the following:

‘The report shall be transmitted to the Commission annually in the second quarter of the year following the year of activity.’

3.

Article 11 is replaced by the following: