(1)

Under Commission Regulation (EU) No 360/2012 (2), aid below a certain threshold granted to undertakings for the provision of a service of general economic interest is deemed not to meet all the criteria of Article 107(1) of the Treaty and is therefore exempt from the notification requirement of Article 108(3) of the Treaty, subject to certain conditions.

(2)

Regulation (EU) No 360/2012 will expire on 31 December 2018.

(3)

On the basis of the Commission's experience in applying Regulation (EU) No 360/2012, it appears that the justifications for the exemption of such compensation measures from the notification requirement are still valid and that the conditions on the basis of which the scope and content of Regulation (EU) No 360/2012 were determined have not substantially changed. The Regulation provides legal certainty and reduces the administrative burden in respect of de minimis aid measures granted to undertakings providing services of general economic interest. In order to provide continuity and avoid increasing compliance costs for the services concerned changes should thus be avoided at this stage.

(4)

The period of application of Regulation (EU) No 360/2012 should therefore be extended by two years.

(5)

Regulation (EU) No 360/2012 should therefore be amended accordingly,

(1)

Article 7(1) of Commission Delegated Regulation (EU) No 664/2014 (2) provides that the procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 apply mutatis mutandis to the cancellation of a registration as referred to in Article 54(1) of that Regulation.

(2)

Pursuant to Article 50(2) of Regulation (EU) No 1151/2012 in connection with Article 7(1) of Delegated Regulation (EU) No 664/2014, the application to cancel the registration of the protected geographical indication (PGI) ‘Mostviertler Birnmost’ was published in the Official Journal of the European Union (3).

(3)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Mostviertler Birnmost’ (PGI) should therefore be cancelled from the register of protected designations of origin and protected geographical indications.

(4)

Pursuant to the last subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 such cancellations are adopted in accordance with the examination procedure referred to in Article 57(2) of that Regulation.

(5)

The measure provided for in this Regulation is in accordance with the opinion of the Agricultural Product Quality Policy Committee,

(1)

The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1) (hereinafter referred to as the ‘Euro-Mediterranean Agreement’) was signed on 17 July 1995 and entered into force on 1 March 1998.

(2)

Article 80 of the Euro-Mediterranean Agreement gives the Association Council, established under the Euro-Mediterranean Agreement, the power to take decisions it considers appropriate for the purpose of attaining the objectives of the Agreement.

(3)

In accordance with Article 90 of the Euro-Mediterranean Agreement, the parties are to take any general or specific measures required to fulfil their obligations under the Euro-Mediterranean Agreement and are to see to it that the objectives set out therein are attained.

(4)

The Joint Communication from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission of 18 November 2015 on the Review of the European Neighbourhood Policy was welcomed in the Council Conclusions of 14 December 2015. The Council confirmed in particular its intention to start a new phase of engagement with its partners in 2016 which could lead to the setting of new partnership priorities, where appropriate, focused on agreed priorities and interests.

(5)

The Joint Communication from the High Representative of the Union for Foreign Affairs and Security Policy and from the European Commission of 29 September 2016 on Strengthening EU support to Tunisia was welcomed in the Council Conclusions of 17 October 2016. The Council reiterates its commitment to supporting Tunisia's transition and underlines the exceptional nature of the situation in Tunisia and the EU's strategic interest in supporting the emergence of a democratic, strong and stable Tunisia in its neighbourhood, as well as the need to support political progress with economic progress on a similar scale. To that end, it calls for the mobilisation of all the instruments available to the EU and the reinforced commitment of the EU and Member States in close collaboration with the Tunisian authorities.

(6)

The Union and the Republic of Tunisia should work together in order to achieve their common objective as defined under the strategic priorities. The development of a prosperous and stable democratic Tunisia is of mutual strategic interest.

(7)

While addressing the most urgent challenges, the Union and the Republic of Tunisia should continue to pursue the main objectives of their long-term partnership, and to work in particular towards creating future prospects for young people, speeding up socio-economic reforms and continuing and strengthening the process of transition to democracy.

(8)

The position of the Union within the Cooperation Council with regard to the adoption of the EU-Tunisia strategic priorities for the period 2018-2020 should be based on the attached draft Decision,

(1)

The European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) (1) entered into force on 5 January 1976.

(2)

A Group of Experts on AETR has been established by the United Nations Economic Commission for Europe (UNECE) in the framework of the AETR. That group is a body empowered to develop and submit proposals for amending the AETR to the UNECE Working Party on Road Transport.

(3)

The Group of Experts on AETR is currently discussing amendments to the AETR, based on a Union proposal following, to that effect, a position on behalf of the Union adopted by Council Decision (EU) 2016/1877 (2). A further amendment to the AETR appears necessary in order to ensure that non-EU Contracting Parties to the AETR can participate in data exchange on driver cards based on harmonised security and data protection standards.

(4)

Regulation (EU) No 165/2014 of the European Parliament and of the Council (3) requires Member States to interconnect their national electronic registers on driver cards through the Telematics Network for the Exchange of Information Concerning the Issuing of Tachograph Cards (TACHOnet) messaging system or, when using a compatible system, to ensure that exchange of electronic data with all other Member States is possible through the TACHOnet messaging system. TACHOnet is a platform for the exchange of information on driver cards between Member States, in order to ensure that drivers do not hold more than one driver card.

(5)

In order to achieve a pan-European harmonisation in the field of electronic exchange of information on driver cards, it is necessary that TACHOnet be used as the single platform by all Contracting Parties to the AETR.

(6)

The connection to the TACHOnet messaging system is currently carried out either directly through a Trans-European Services for Telematics between Administrations (TESTA) connection or indirectly through a Member State already connected to TESTA. As TESTA are services restricted to Member States and institutions of the Union, non-EU Contracting Parties to the AETR can only connect to TACHOnet indirectly.

(7)

The Commission has recently assessed the indirect connections to the TACHOnet messaging system and concluded that they do not provide the same level of security as TESTA. In particular, there is not a sufficient guarantee about the authenticity, integrity and confidentiality of the information exchanged through indirect connections. Indirect connections to TACHOnet should therefore be replaced by a secure connection.

(8)

eDelivery is a network of connection nodes for digital communications developed by the Commission, where every participant at national level becomes a node using standard transport protocols and security policies. eDelivery is a flexible tool that may be customised to each specific service.

(9)

eDelivery makes use of widely implemented security technologies, such as public key infrastructure (PKI), in order to ensure the authenticity, integrity and confidentiality of the information exchanged. Access to TACHOnet of non-EU Contracting Parties to the AETR should be granted by means of eDelivery.

(10)

The Contracting Parties to the AETR should follow a specific procedure to receive the digital certificates and the respective electronic keys granting access to TACHOnet.

(11)

The connection to TACHOnet by means of eDelivery implies that the Contracting Parties to the AETR are required to ensure that the electronic keys and certificates granting access to the system are protected and cannot be used by non-authorised parties. The Contracting Parties to the AETR should also guarantee that keys covered by certificates having expired are not used anymore.

(12)

It is necessary to guarantee the protection of personal data available to the parties through TACHOnet in accordance with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981.

(13)

National authorities connected to TACHOnet have the obligation to carry out the relevant technical implementations in order to ensure that TACHOnet operates according to high levels of performance. It is the task of the Commission to set up the tests confirming that those levels of performance are achieved and to implement them in coordination with the national competent authorities.

(14)

In its judgment of 31 March 1971 in Case 22/70 (4), the Court of Justice of the European Union recognised that the work of crews of vehicles engaged in road transport is an area that is an external competence of the Union. That competence has been exercised since then in numerous legal acts adopted by the Union, including Regulations (EC) No 561/2006 (5) and (EU) No 165/2014 of the European Parliament and of the Council. Since the subject matter of the AETR falls within the scope of Regulation (EC) No 561/2006, the power to negotiate and conclude any relevant agreement and modifications thereto lies exclusively with the Union.

(15)

If accepted by the Group of Experts on AETR, the proposals made by the Contracting Parties may lead to an amendment of AETR, after a procedure for the revision of AETR is launched and concluded. Where those proposals are accepted by the Group of Experts on AETR, as a second step, the Union Member States as Contracting Parties to the AETR are under an obligation to cooperate in using the mechanism for the revision of the AETR, in line with the duty of sincere cooperation pursuant to Article 4(3) of the Treaty on European Union and subject to a Council decision in accordance with Article 218(6) of the Treaty on the Functioning of the European Union, as appropriate. The proposed amendments to the AETR will become effective only once the revision of the AETR is completed.

(16)

It is appropriate to establish the position to be taken on the Union's behalf in the Group of Experts on AETR, as the amendment to the AETR will be binding on the Union.

(17)

As the Union is not a Contracting Party to the AETR and its status does not allow it to communicate the proposed amendments, Member States, acting in the interest of the Union, should communicate the proposed amendments to the Group of Experts on AETR in the spirit of loyal cooperation in order to promote the achievement of the Union's objectives.

(18)

The Union's position is to be expressed by its Member States that are members of the Group of Experts on AETR and of the UNECE Working Party on Road Transport, acting jointly,

(1)

The Commission conducts administrative investigations for the purpose of enforcing the competition rules in accordance with the Treaty and secondary legislation as well as international agreements adopted for that purpose. (1) To that end, it exercises powers of investigation and enforcement (including related operational activities) in the fields of antitrust, merger control and State aid control conferred on the Commission by the relevant Union acts.

(2)

Commission investigations and enforcement activities in the field of competition target undertakings or Member States which are subject to the competition rules of the Treaty, and not natural persons as such. Nevertheless, during competition investigations, personal data within the meaning of Article 3(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (2) are inevitably processed within the meaning of Article 3(3) of Regulation (EU) 2018/1725. The Commission needs to process such personal data in order to fulfil the tasks assigned to it as the public authority enforcing Union competition rules. Investigation in the field of antitrust, merger control and State aid control, and enforcement of competition rules constitute monitoring, inspection or regulatory functions connected to the exercise of official authority in the cases referred to in Article 25(1)(c) and (g) of Regulation (EU) 2018/1725. Those activities serve the promotion and protection of a competitive internal market, thereby safeguarding an important economic and financial interest of the Union and of the Member States.

(3)

For the purpose of its investigation and enforcement activities in the fields of antitrust, merger control and State aid control, the Commission processes personal data acquired or received from legal persons, natural persons, Member States and other entities (such as National Competition Authorities, regulatory bodies and other public bodies and authorities), competition authorities of third countries and international bodies and organisations. During competition investigations and enforcement activities, whether acting on its own initiative or on the basis of received input, the Commission may also process personal data acquired or received from publicly available sources (for example, in the context of market monitoring or screening activities), from anonymous sources (for example, whistle-blowers/informants) or identified sources (for example, complainants) that require protection of their identity.

(4)

The Commission may, in turn, transmit personal data to legal or natural persons (for example, in the context of the access to file procedure), to National Competition Authorities and other authorities and bodies in the context of bilateral or multilateral cooperation with Member States or third country authorities and organisations, as necessary and appropriate to exercise its powers, to safeguard the rights of defence of parties subject to Commission proceedings and to ensure the efficient and effective application of Union competition rules.

(5)

Personal data processing activities, within the meaning of Article 3(3) of Regulation (EU) 2018/1725, carried out in the course of investigation and enforcement activities in the field of competition, may take place even before the Commission formally initiates proceedings, continue throughout the handling of the investigation and may continue even after the formal closure of the investigation (for example, for the purposes of market or compliance monitoring or screening activities, assessing the need for initiating new investigative activities, legal proceedings, etc.).

(6)

The personal data processed by the Commission are, for example, identification data, contact data, professional data and data related to or brought in connection with the subject matter of the investigation or procedure. The personal data are stored in a secured electronic environment to prevent unlawful access or transfer of data to persons who do not have a need to know. The personal data are retained in the services of the Commission in charge of the investigation for the time necessary for the investigation, for assessing the need to initiate new investigative activities, during the administrative procedure, and throughout any subsequent judicial review proceedings, and the administrative retention period that follows the definitive closure of the file. At the end of the retention period, the case related information including personal data is transferred to the historical archives of the Commission (3).

(7)

While carrying out its tasks, the Commission is bound to respect the rights of natural persons in relation to the processing of personal data recognised by Article 8(1) of the Charter of Fundamental Rights of the European Union and by Article 16(1) of the Treaty. At the same time, the Commission is responsible for enforcing competition rules, which requires the Commission to conduct investigations in a timely manner, while respecting rules of confidentiality and professional secrecy (4) as well as the rights of defence of parties subject to its investigations, (5) and the rights of individuals that require protection of their identity.

(8)

In certain circumstances, it is necessary to reconcile the rights of data subjects pursuant to Regulation (EU) 2018/1725 with the needs of investigations and enforcement activities, as well as with full respect for fundamental rights and freedoms of other data subjects. To that effect, Article 25 of Regulation (EU) 2018/1725 provides the Commission with the possibility to restrict the application of Articles 14 to 22 and 35, as well as Article 4 thereof, insofar as its provisions correspond to the rights and obligations provided for in Articles 14 to 22 of that Regulation.

(9)

These internal rules should cover all processing operations carried out by the Commission in the performance of its powers of investigation, whether acting on its own initiative or on the basis of received input, and enforcement and related operational activities in the fields of antitrust, merger control and State aid control whenever the exercise of data subjects' rights may jeopardise the conduct of investigations or enforcement activities. These rules should apply to processing operations carried out prior to the formal initiation of proceedings, during the handling of investigations as well as after the formal closure of investigations, including processing in the context of bilateral or multilateral cooperation with National Competition Authorities, Member States or third country authorities and organisations.

(10)

In order to comply with Articles 14, 15 and 16 of Regulation (EU) 2018/1725, the Commission should inform all individuals of its activities involving processing of their personal data and of their rights in a transparent and coherent manner in the form of the data protection notices published on the Commission's website.

(11)

Without prejudice to Articles 14(5) and 16(5) of Regulation (EU) 2018/1725, the Commission is also able on the basis of Article 25 of that Regulation to restrict the provision of information to data subjects and the application of other rights of data subjects in order to protect its own competition investigations and enforcement of competition rules, investigations and proceedings of competition authorities of the Member States, the investigation tools and methods, as well as the rights of other persons related to its investigations.

(12)

In addition, in order to maintain effective cooperation it may be necessary for the Commission to restrict the application of data subjects' rights in order to protect processing operations of other Union institutions, bodies, offices and agencies or of Member States' authorities. To that effect, the Commission should consult those services, institutions, bodies, offices, agencies, and authorities on the relevant grounds for imposing restrictions and the necessity and proportionality of the restrictions.

(13)

The Commission may also have to restrict the provision of information to data subjects and the application of other rights of data subjects in relation to personal data received from third countries or international organisations, in order to cooperate with those countries or organisation and thus safeguard an important objective of general public interest of the Union. However, in some circumstances the interest or fundamental rights of the data subject may override the interest of international cooperation.

(14)

The Commission has therefore identified the grounds listed in Article 25(1)(c), (g) and (h) of Regulation (EU) 2018/1725 as grounds for restrictions under Article 25 of the Regulation that may be necessary to apply to data processing operations carried out in the framework of the Commission's investigative and enforcement activities in the area of competition, encompassing antitrust, merger control and State aid control.

(15)

The Commission should handle all restrictions in a transparent manner and register each application of restrictions in the corresponding record system.

(16)

Pursuant to Article 25(8) of Regulation (EU) 2018/1725, controllers may defer or refrain from providing information on the reasons for the application of a restriction to the data subject if providing that information would in any way compromise the purpose of the restriction. This is, in particular, the case of restrictions to the rights provided for in Articles 16 and 35 of Regulation (EU) 2018/1725. In order to ensure that the data subject's rights under Articles 16 and 35 of Regulation (EU) 2018/1725 are restricted only as long as the reasons for the restriction last, the Commission should review its position regularly and at the closure of the relevant investigation.

(17)

Where a restriction of other rights of data subjects is applied, the controller should assess on a case-by-case basis whether the communication of the restriction would compromise its purpose. The controller is the service in charge of the competition policy within the Commission.

(18)

The Data Protection Officer of the Commission should carry out an independent review of the application of restrictions, with a view to ensuring compliance with this Decision.

(19)

This Decision is adopted for the purposes of Article 25 of Regulation (EU) 2018/1725 and should enter into force at the same time as that Regulation in order to ensure legal certainty.

(20)

The European Data Protection Supervisor has been consulted.

(1)

On 18 November 2002, the Commission adopted Decision 2002/915/EC (2) granting a derogation requested by Denmark pursuant to Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, allowing the application of livestock manure containing up to 230 kg nitrogen per hectare per year on certain cattle holdings within the framework of the Danish action programme 1999 to 2003. The derogation was extended by Commission Decision 2005/294/EC (3) in connection with the Danish action programme 2004 to 2007, by Commission Decision 2008/664/EC (4) in connection with the Danish action programme 2008-2012, by Commission Implementing Decision 2012/659/EU (5) in connection with the Danish action programme 2008 to 2015 and by Commission Implementing Decision (EU) 2017/847 (6) in connection with the Danish regulation of nutrients in agriculture and the Danish nitrates action programme of June 2017.

(2)

The derogation granted by Implementing Decision (EU) 2017/847 concerned for the period 2015/2016 approximately 1 466 cattle holdings, 443 134 livestock units and 210 061 hectares of arable land, corresponding respectively to 4,2 % of the total number of holdings, 19,6 % of the total livestock units and 8,6 % of the total arable area in Denmark.

(3)

On 6 February 2018, 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.

(4)

Denmark has an action programme covering the period 2017 to 2020, in conformity with Article 5 of Directive 91/676/EEC, by means of parts of Order on commercial livestock, livestock manure, silage, etc. No 865 of 23 June 2017 as amended, Consolidated Act on agricultural use of fertiliser and on plant cover No 433 of 3 May 2017 as amended and Order No 963 of 12 July 2017 on agricultural use of fertiliser in the planning period 2017/2018. As supplement to those measures, Denmark performs a targeted catch crop scheme in 2017 and 2018 and targeted regulation from 2019 pursuant to Act on agricultural use of fertiliser and on plant cover. In addition, Danish legislation includes a general phosphorus regulation, according to Act on livestock husbandry and use of fertiliser and Order on commercial livestock, livestock manure, silage, etc.

(5)

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

(6)

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 the Danish Act No 433 of 3 May 2017 on agricultural use of fertiliser and on plant cover. The abovementioned scheme is necessary to ensure that the application of the current derogation would not lead to deterioration of water quality.

(7)

The information provided by Denmark in the context of the derogation granted by Implementing Decision (EU) 2017/847 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 (7) 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 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 in a good status.

(8)

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, 2008/664/EC and Implementing Decision 2012/659/EU, considers that the amount of manure envisaged by Denmark, 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.

(9)

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 and 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.

(10)

Directive 2000/60/EC of the European Parliament and the Council (8) provides for a comprehensive, cross-border approach to water protection organised around river basin districts, with the objective of achieving a good status for European bodies of water by 2015. Reducing nutrients is an integral part of that objective. The granting of a derogation under this Decision is without prejudice to the provisions pursuant to Directive 2000/60/EC and does not exclude that additional measures may be needed to fulfil obligations derived from it.

(11)

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).

(12)

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,

(a)

‘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;

(b)

‘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;

(c)

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

(d)

‘grass’ means permanent or temporary grassland;

(e)

‘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;

(1)

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.

(2)

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.

(3)

As of 5 April 2017, Danish Act No 310 of 4 April 2017 amending the Act on agricultural use of fertiliser and plant cover (Requirement to establish targeted catch crops) has entered into force establishing a combined targeted scheme for voluntary and mandatory catch crops based on the need to reduce nitrates contents in groundwater bodies and in coastal waters. Under the scheme, the obligatory provisions for catch crops shall enter into force automatically if the voluntary agreements for catch crops fail to deliver the sufficient environmental objectives. According to Act No 497 of 22 May 2018 amending Act on agricultural use of fertiliser and on plant cover (Targeted nitrates regulation etc.), catch crops may be substituted by specified alternative measures under the scheme.

(4)

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 or 14 % catch crops on the farm's crop ground area, and may not be established in the same area as that used to meet the Ecological Focus Area requirement for catch crops.

(a)

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);

(b)

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);

(c)

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

(d)

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

(e)

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);

(f)

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);

(g)

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;

(h)

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

(i)

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