Ref. Ares(2020)2367991 - 05/05/2020
EUROPEAN
COMMISSION
Brussels, XXX
[…](2018) XXX draft
COMMISSION IMPLEMENTING DECISION
of XXX
granting a derogation requested by the Netherlands pursuant to Council Directive
91/676/EEC concerning the protection of waters against pollution caused by nitrates
from agricultural sources
(Only the Dutch version is authentic)
EN
EN
COMMISSION IMPLEMENTING DECISION
of XXX
granting a derogation requested by the Netherlands pursuant to Council Directive
91/676/EEC concerning the protection of waters against pollution caused by nitrates
from agricultural sources
(Only the Dutch version 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 sources1, and in
particular the third subparagraph of paragraph 2 of Annex III thereto,
Whereas:
(1)
Directive 91/676/EEC aims to protect waters against pollution caused by nitrates
from agricultural sources by, among other measures, limiting the application of
livestock manure to land. If a Member State intends to allow an amount of manure
per hectare that is different from the amount specified in the first sentence of the
second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC, that
amount is to be fixed so as not to prejudice the achievement of the objectives of the
Directive and is to be justified on the basis of objective criteria, such as long growing
seasons and crops with high nitrogen uptake. The justification is to be examined by
the Commission.
(1)
On 8 December 2005, the Commission adopted Decision 2005/880/EC2 granting a
derogation requested by the Netherlands pursuant to Directive 91/676/EEC for the
purpose of allowing the application of grazing livestock manure up to a limit of 250
kg nitrogen per hectare per year on farms with at least 70 % grassland.
(2)
On 5 February 2010, the Commission adopted Decision 2010/65/EU3, amending
Decision 2005/880/EC and extending the derogation until 31 December 2013.
(3)
On 16 May 2014, the Commission adopted Implementing Decision 2014/291/EU4. In
that Decision the Netherlands was granted a derogation pursuant to Directive
91/676/EEC to allow the application of grazing livestock manure on farms with at
1
OJ L 375, 31.12.1991, p. 1.
2
Commission Decision 2005/880/EC of 8 December 2005 granting a derogation requested by the
Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against
pollution caused by nitrates from agricultural sources (OJ L 324, 10.12.2005, p. 89).
3
Commission Decision 2010/65/EU of 5 February 2010 amending Decision 2005/880/EC granting a
derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the
protection of waters against pollution caused by nitrates from agricultural sources (OJ L 35, 6.2.2010, p.
18).
4
Commission Implementing Decision 2014/291/EU of 16 May 2014 granting a derogation requested by
the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against
pollution caused by nitrates from agricultural sources (OJ L 148, 20.5.2014, p. 88).
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least 80 % grassland up to a limit of 230 kg nitrogen per hectare per year for farms
on southern and central sandy soils and on loess soils and up to a limit of 250 kg
nitrogen per hectare per year for farms on other soils. The derogation concerned 19
564 farms in 2016, corresponding to 47 % of the total net agricultural area in the
Netherlands.
(4)
On 31 May 2018, the Commission adopted Implementing Decision (EU) 2018/8205.
In that Decision the Netherlands was granted a derogation pursuant to Directive
91/676/EEC to allow the application of grazing livestock manure on farms with at
least 80 % grassland up to a limit of 230 kg nitrogen per hectare per year for farms
on southern and central sandy soils and on loess soils and up to a limit of 250 kg
nitrogen per hectare per year for farms on other soils. The derogation concerned
18.818 farms in 2019, corresponding to 44.7 % of the total net agricultural area in the
Netherlands.
(5)
As recognised in the above mentioned Commission Implementing Decision over the
recent years the implementation by the Netherlands of their manure management
policy suffered some set-backs leading to a situation where there are concerns over
possible fraud. This situation required the Netherlands to step up its efforts in
preventing fraud in the implementation of its manure policy. While the 6th Action
Programme already provides for measures aimed at reinforcing the control and
inspections with a view to improving overall compliance with the rules of the Dutch
manure policy, additional efforts were needed to be deployed to foster effective
implementation and full compliance. Those efforts included the establishment of an
enhanced enforcement strategy, taking into account also the provisions of Directive
2008/99/EC of the European Parliament and of the Council . The strategy was to be
based on an independent assessment of compliance with the rules on Dutch manure
policy and contain specific measures aiming at further strengthening inspections and
controls and a clear methodology to establish sufficiently dissuasive penalties and
sanctions. It was therefore justified to limit the duration of Implementing Decision
(EU) 2018/820 so that it expired on 31 December 2019, in order to enable the
Netherlands to fully implement the enhanced enforecement strategy.
(6)
On 4 February 2020, the Netherlands submitted to the Commission a request, under
the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC, for a
renewal of the derogation for the period 2020 to 2021.
(7)
The Netherlands applies, in conformity with Article 3(5) of Directive 91/676/EEC,
an action programme throughout its whole territory.
(8)
The Dutch legislation implementing Directive 91/676/EEC includes application
standards both for nitrogen and phosphate.
(9)
According to the data provided by the Dutch authorities, in the period 2016 to 2019,
the number of cattle in the Netherlands decreased by 0.2 % as compared to the period
2012 to 2015. The number of pigs respectively poultry in the Netherlands increased
by 0.6 and 3,4 % for the same period. Since 2006, Dutch legislation6 sets limitations
on the number of pigs and poultry. Moreover, since January 2015, Dutch legislation7
requires that an appropriate share of surplus manure from the dairy sector is
5
Commission Implementing Decision (EU) 2018/820/EU of 31 May 2018 granting a derogation
requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of
waters against pollution caused by nitrates from agricultural sources (OJ L 137, 4.6.2018, p. 27).
6
Dutch Fertilizer Act (Meststoffenwet), Articles 19 and 20
7
Dutch Fertilizer Act (Meststoffenwet), Articles 33a-33d.
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processed. In addition, a system of phoshate production rights for dairy cattle has
been introduced8 in the Netherlands since 1 January 2018. All of those measures aim
at preventing pollution of water bodies.
(10)
The Netherlands reported that in the period 2014 to 2017, nitrogen use from
livestock manure in the Netherlands was 417 000 tonnes, which was an increase of
4,04 % as compared to the period 2010 to 2013. The use of Chemical N fertiliser in
the Netherlands increased by approximately 3,3 % in the period 2014 to 2017
compared to the period 2010-2013.
(11)
According to the scientific underpining provided by the Dutch authorities, the
climate in the Netherlands, characterised by an annual rainfall evenly distributed
throughout the year and a relatively narrow annual temperature range, promotes a
long grass-growing season of 250 days per year.
(12)
Moreover, the information provided by the Dutch authorities in the context of the
previous derogation granted by Implementing Decision 2014/291/EU indicates that
derogation has not led to a deterioration of the Dutch water bodies. For instance, the
nitrate concentration in the water leaving the root zone on monitored holdings
covered by authorisations has decreased since 2006 and was in average in 2017 and
2018 below 50 mg/l. However, provisional data indicate an increase in nitrates
concentrations in 2019 in southern sandy and loessial soils because of the effects of
drought in 2018.
(13)
The data reported by the Netherlands under Article 10 of Directive 91/676/EEC
shows that for the period 2012 to 2015, approximately 88 % of the groundwater
monitoring stations in the Netherlands had mean nitrate concentrations below 50
mg/l and that 79 % of those monitoring stations had mean nitrate concentrations
below 25 mg/l. The data also shows that for the period 2012 to 2015, 99 % of the
surface water monitoring stations in the Netherlands had mean nitrate concentrations
below 50 mg/l and that 96 % of those monitoring stations had mean nitrate
concentrations below 25 mg/l. The data indicates a stable or decreasing trend in
nitrate concentration in groundwater and surface water compared to the period 2008
to 2011. Nevertheless, in the reporting period 2012 to 2015, 60 % of the freshwaters
were eutrophic, 13 % potentially eutrophic and 27 % not eutrophic.
(14)
After examination of the request from the Netherlands in accordance with the third
subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in the light
of the 6th Dutch Action Programme and the experience gained from the derogation
provided for in Implementing Decision 2014/291/EU, the Commission considers that
the amount of grazing livestock manure proposed by the Netherlands, corresponding
to 230 kg nitrogen per hectare per year on farms with at least 80 % grassland on
southern and central sandy soils and on loess soils and 250 kg nitrogen per hectare
per year on farms with at least 80 % grassland on other soils, will not prejudice the
achievement of the objectives of Directive 91/676/EEC, subject to certain strict
conditions being met by the Netherlands, and is justified on the basis of objective
criteria
.
(15)
The Netherlands should ensure that the pressure on water bodies as a consequence of
growing livestock numbers and the associated manure production does not increase.
To that end the Netherlands should ensure that total manure production, both in
terms of nitrogen and phosphorus, does not increase beyond the level of the year
8
Dutch Fertilizer Act (Meststoffenwet), Article 21b.
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2002. New legislation implementing the 6th Dutch Action Programme should
therefore provide for a binding manure production ceiling which is not to be
exceeded and which can be invoked against individual farmers where needed.
(16)
The authorisations to individual farmers is subject to certain conditions that are
aimed at ensuring fertilisation at farm level based on crop needs and reduction and
prevention of nitrogen and phosphorus losses to water. Those conditions should
therefore include requirements that a fertiliser plan has been established at farm
level, that fertiliser practices are recorded through fertiliser accounts, that periodic
soil analysis are carried out, that green cover is applied in winter after maize, that
specific provisions on grass ploughing are complied with, that no manure is applied
before grass ploughing, that the fertilisation takes into account the contribution of
leguminous crops, and that no phosphate from chemical fertilisers is applied to the
land.
(17)
The report on the impact of the Nitrates Directive on gaseous N emission9, concluded
that in some regions with high livestock densities, derogation may result in higher
gaseous emissions. This possible consequence of the derogation on ammonia-
emmission was confirmed in a report of 12 February 2020, prepared by the
“Commissie Deskundigen Meststoffenwet”, of the Netherlands that was provided to
the Commission. These emissions result in extra nitrogen deposition adversely
impacting the Natura 2000 sites and affecting the quality of the waters, leading to
eutrophication. Therefore appropriate measures should be taken to reduce ammonia
emission measures, including low emission spreading techniques, when needed in
combination with a maximum temperature during which manure can be applied.
(18)
In line with the requirements of Implemneting Decision (EU) 2018/820, the
Netherlands notified its enhanced enforcement strategy on 28 September 2018. A
first progress report on that implementation of that strategy was submitted on 28 June
2019. A further update of the progress report was submitted on 18 November 2019.
The progress report showed that, despite some efforts taken, there were delays in its
implementation and the Netherlands were not in a position to demonstrate a
reduction in the cases of non compliance or irregularities.
(19)
Additional safeguards and reassurances that the strategy would really deliver on
minimising fraud are therefore needed. These should include the setting of deadlines
for the full implementation of the strategy and of targets which allow to judge its
effectivness. It is also necessary to provide for the revision of the Strategy before the
end of 2021, which shall include further reinforcement of the controls if necessary in
the light of the experiences gained during its implementation.
(20)
An update of the further implementation of the enhanced enforcement strategy
should be reported every year, including the possible impact of the measures to
prevent the risk of spreading of the Covid 19 virus on the implementation of the
strategy.
(21)
Directive 2000/60/EC of the European Parliament and of the Council provides for a
comprehensive, cross-border approach to water protection organised around river
basin districts (RBDs), with the objective of achieving good status for European
bodies of water. Reducing nutrients is an integral part of that objective. Granting of a
derogation under this Decision is without prejudice to the provisions of Directive
9
The impact of the Nitrates Directive on gaseous N emissions, Effects of measures in nitrates action
programme on gaseous N emissions, Contract ENV.B.1/ETU/2010/0009
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2000/60/EC and does not exclude that additional measures may be needed to fulfill
obligations derived from that Directive.
(22)
Directive 2007/2/EC of the European Parliament and of the Council10 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 of the Union 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, the Netherlands, when collecting
the necessary data under this Decision should, where appropriate, 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 Council11.
(23)
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.
HAS ADOPTED THIS DECISION:
Article 1
Derogation
The derogation requested by the Netherlands by letter of 31 January 2018, for the purpose of
allowing application to the land of a higher amount of nitrogen from grazing livestock manure
than that provided for in the first sentence of the second subparagraph of paragraph 2 of
Annex III to Directive 91/676/EEC, is granted, subject to the conditions laid down in this
Decision.
Granting of a derogation under this Decision is without prejudice to the provisions of
Directive 2000/60/EC.
Article 2
Scope
This derogation applies to grassland farms for which an authorisation has been granted in
accordance with Article 6.
Article 3
Definitions
For the purpose of this Decision, the following definitions shall apply:
10
Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an
Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p.
1).
11
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on
the financing, management and monitoring of the common agricultural policy and repealing Council
Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No
1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).
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1.
'grassland farm' means any holding where at least 80 % of the acreage available for
manure application is grass;
1.
'grazing livestock' means cattle (with the exclusion of veal calves), sheep, goats,
horses, donkeys, deer, and water buffalo;
2.
'farm land' means the acreage owned, rented or managed by the farmer under a
written individual contract and on which the farmer has a direct management
responsibility;
3.
'grass' means permanent grassland or temporary grassland which lies less than five
years;
4.
‘fertilisation plan’ means a calculation of the planned use and availability of
nutrients;
5.
‘fertilisation account’ means the nutrient balance based on the real use and uptake of
nutrients.
6.
‘southern and central sandy soils’ means soils indicated as southern and central
sandy soils under the Dutch legislation implementing the Nitrates Directive
7.
‘loess soils’ means soils indicated as loess soils under the Dutch legislation
implementing the Nitrates Directive
Article 4
General conditions for the derogation
The derogation is granted on the following conditions:
1.
The Netherlands shall monitor the amount of manure produced and shall ensure that
manure production at national level both in terms of nitrogen and phosphorus will
not increase beyond the level of the year 2002 corresponding to 504.4 million kg of
Nitrogen and 172.9 million kg of Phosphate.
2.
The Netherlands shall fully implement an enhanced enforcement strategy aiming at
strengthening the compliance with the rules on Dutch manure policy and at ensuring
that any information pointing at situations of non-compliance is followed up
effectively.
The enhanced enforcement strategy shall, as a minimum, include the following
elements:
(a)
an independent assessment of the scale and scope of cases of deliberate non-
compliance with the national rules on manure. This assessment should be
carried out by the competent national authorities responsible for inspections of
the national manure rules together with the competent national authorities
responsible for investigating and prosecuting offences of a criminal nature;
(b)
an identification of the areas of manure handling and management with higher
risk of deliberate non-compliance with the national rules on manure;
(c)
a strengthening of the capacity for inspections and controls, which is at least
equal to 40% of the capacity required for the field inspections of grassland
farms covered by authorisations referred to in Article 10 (2), including random,
and a better targeting of that capacity to risk areas of manure handling and
management;
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(d)
a clear methodology for establishing sufficiently effective, proportionate and
dissuasive penalties and sanctions;
(e)
full implementation of the enforcement in high risk areas De Peel, Gelderse
Vallei and Twente, in spring 2020;
(f)
real time accountability of manure transport via automation by end 2020;
(g)
Decision on revision of the sanction policy by end of June 2020;
(h)
Individual inspection of 5.5 % of the pig farms, taken into account the effect on
physical controls because of measures to prevent the risk of spreading the
Corona virus.
3.
The enhanced enforcement strategy shall be revised, in the light of the experiences
gained during its implementation, in particular if by December 2021, the number of
irregularities or non-compliances found is not diminishing, to include reinforced
controls and measures. The revised strategy shall be notified to the Commission.
Article 5
Applications for authorisation
1.
Grassland farmers may submit an application for an annual authorisation to apply
grazing livestock manure containing up to 230 kg nitrogen per hectare per year for
southern and central sandy soils and loess soils or up to 250 kg nitrogen per hectare
per year for other soils to the competent authorities.
2.
Together with the application referred to in paragraph 1, the applicant shall submit a
written declaration that he fulfils the conditions laid down in Articles 7 and 8 and
that he accepts that the fertiliser application
as well as the fertilisation plan and the
fertilisation account referred to in Article 7, may be subject to control.
Article 6
Granting of authorisations
Authorisations to apply an amount of grazing livestock manure on grassland farms, including
manure excreted by the animals themselves, containing up to 230 kg nitrogen per hectare per
year for southern and central sandy soils and loess soils or up to 250 kg nitrogen per hectare
per year for other soils, shall be granted subject to the conditions laid down in Articles 7 and
8.
Article 7
Conditions regarding application of manure and other fertilisers
1.
The amount of manure from grazing livestock applied to the land each year on
grassland farms, including by the animals themselves, shall not exceed the amount of
manure containing 230 kg nitrogen per hectare per year on southern and central
sandy soils and on loess soils and 250 kg nitrogen per hectare per year on other soils,
subject to the conditions laid down in paragraphs 2 to 8. The total nitrogen and
phosphate inputs shall comply with the nutrient demand of the crop and the supply
from the soil. They shall not exceed the maximum application standards established
in the 6th Dutch Action Programme.
2.
Phosphate from chemical fertilisers shall not be used.
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3.
A fertilisation plan shall be prepared and kept at the grassland farm. The fertilisation
plan shall describe the crop rotation of the farmland and the planned application of
manure and other nitrogen and phosphate fertilisers. The fertilisation plan for the first
calendar year shall be available at the grassland farm by 30 June at the latest. The
fertilisation plan for the subsequent calendar years shall be available at the grassland
farm by 28 February at the latest.
4.
The fertilisation plan shall include the following elements:
(a)
the number of livestock on the grassland farm, a description of the housing and
manure storage system, including the volume of manure storage available;
(b)
a calculation of the manure nitrogen (less losses in housing and storage) and
phosphorus produced on the grassland farm;
(c)
the crop rotation plan, which must specify the acreage of individual fields with
grass and other crops, including a sketch map indicating the location of
individual fields;
(d)
the foreseeable nitrogen and phosphorus crop requirements;
(e)
the amount and the type of manure delivered to contractors and therefore not
used on the grassland farm;
(f)
the amount of imported manure used on the grassland farm;
(g)
a calculation of the contribution from organic matter mineralization,
leguminous crops and atmospheric deposition and amount of nitrogen present
in the soil at the moment when the crop starts to use it to a significant degree;
(h)
a calculation of nitrogen and phosphorus application from manure for each
field (parcels of the grassland farm that are homogeneous regarding cropping
and soil type);
(i)
a calculation of nitrogen application from chemical and other fertilisers for
each field;
(j)
calculations for assessment of compliance with the maximum application
standards for nitrogen and phosphorus established in the 6th Dutch Action
Programme.
The fertilisation plan shall be revised no later than seven days following any changes
in agricultural practices at the grassland farm.
5.
A fertilisation account for each calendar year shall be prepared and kept for each
grassland farm. It shall be submitted to the competent authority by 31 March of the
following calendar year
.
6.
The fertilisation account shall include the following elements:
(a)
the crop acreages;
(b)
the number and type of livestock;
(c)
the manure production per animal;
(d)
the amount of fertilisers imported by the grassland farm;
(e)
the amount of manure delivered to contractors and therefore not used on the
grassland farm and the name of those contractors.
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7.
Periodic nitrogen and phosphorus analysis in soil shall be performed at least every
four years for each homogeneous area of the farm, with regard to crop rotation and
soil characteristics. One analysis per five hectares of land shall be required as a
minimum.
In case grassland is ploughed for grassland renewal, the statutory nitrogen
application standard set in the 6th Dutch Action Programme shall be reduced by 50
kg N / ha on sandy and loessial soils after 31 May of each calendar year. In case
grassland is ploughed for the cultivation of maize on sandy or loessial soil, the
statutory nitrogen application standard set in the 6th Dutch Action Programme for
maize shall be reduced by 65 kg N / ha.
8.
Manure shall not be spread in the autumn before grass cultivation.
Article 8
Conditions regarding land management
1.
On sand and loess soil, grass or other crops ensuring soil coverage during the winter
shall be cultivated after maize.
2.
Catch crops shall not be ploughed before 1 February.
3.
Grass on sandy and loessial soils shall only be ploughed in spring, except for
ploughing grassland for grassland renewal, which may be done until 31 August at the
latest.
4.
Ploughed grass on all soil types shall be followed immediately by a crop with high
nitrogen demand and fertilisation shall be based on soil analysis concerning mineral
nitrogen and other parameters providing references for estimate of nitrogen release
from soil organic matter mineralisation.
5.
Where crop rotation includes leguminous or other plants fixing atmospheric nitrogen,
fertiliser application shall be reduced accordingly.
6.
By way of derogation from paragraph 3, grass ploughing is permitted in autumn for
planting flowers bulbs.
Article 9
Conditions as regards reduction of ammonia emissions to reduce nutrient depositions also
in water
1.
On grassland farms benefitting from an authorisation pursuant to Article 6 the
following conditions shall apply:
(a)
Slurry shall be applied on grassland on sandy and loessial soils with shallow
injection,
(b)
Slurry shall be applied on grassland on clay and peat soils with shallow
injection, a trailing shoe slurry applicator with a 1:2 dilution of slurry with
water or pulse track injector.
(c)
When slurry is applied with a trailing shoe applicator, the outside temperature
shall be below 20 °C.
(d)
Slurry shall be applied on arable land with injection or immediately worked in
after application in one pass.
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(e)
Solid manure shall be immediately worked in after application in at most two
passes.
1.1.
All grassland farmers benefitting from an authorisation shall be coached on nitrogen
emission reducing measures before 31 December 2020.
Article 10
Monitoring
1.
The competent authorities shall ensure that maps are drawn up showing the
following:
(a)
the percentage of the grassland farms in each municipality which are covered
by authorisations;
(b)
the percentage of the livestock in each municipality which is covered by
authorisations;
(c)
the percentage of the agricultural land in each municipality which is covered by
authorisations.
Those maps shall be updated every year.
2.
The competent authorities shall establish and maintain a monitoring network for
sampling of soil water, streams, shallow groundwater and drainage water at
monitoring sites in grassland farms covered by an authorisation. That monitoring
network shall provide data on nitrate and phosphorus concentration in water leaving
the root zone and entering the groundwater and surface water system.
3.
The monitoring network shall comprise at least 300 farms covered by authorisations
and shall be representative of each soil type (clay, peat, sandy, and sandy loessial
soils), the fertilisation practices and the crop rotation. The composition of the
monitoring network shall not be modified during the period of applicability of this
Decision.
4.
The competent authorities shall carry out a survey and a continuous nutrient analysis
that provide data on local land use, crop rotations and agricultural practices on
grassland farms covered by authorisations. Those data may be used for model-based
calculations of the magnitude of nitrate leaching and phosphorus losses from fields
where up to 230 kg or up to 250 kg nitrogen per hectare per year of manure from
grazing livestock is applied.
5.
The competent authorities shall conduct a reinforced water monitoring in agricultural
catchments in sandy soils.
Article 11
Controls and inspections
1.
The competent authorities shall carry out administrative controls in respect of all
applications for authorisation for the assessment of compliance with the conditions
set out in Articles 7 and 8. Where it is demonstrated that those conditions are not
fulfilled, the application shall be refused and the applicant shall be informed of the
reasons for the refusal.
The competent authorities shall carry out administrative controls for at least 5 % of
the grassland farms covered by authorisations with regard to land use, livestock
number and manure production.
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2.
The competent authorities shall establish a programme for field inspections of
grassland farms covered by authorisations on a risk basis and with appropriate
frequency, taking account of the results of controls of the previous years and the
results of general random controls of legislation implementing Directive 91/676/EEC
and any other information that might indicate non-compliance with the conditions set
out in Articles 7 and 8.
Field inspections shall be carried out in at least 5 % of the grassland farms covered
by authorisations to assess compliance with the conditions set out in Articles 7 and 8.
Those inspections shall be complemented by the inspections and controls referred to
in Article 4 (2) (c).
3.
Where it is established in any year that a grassland farm covered by an authorisation
did not fulfil the conditions set out in Articles 7 and 8, the holder of the authorisation
shall be sanctioned in accordance with national rules and shall not be eligible for an
authorisation the following year.
4.
The competent authorities shall be granted the necessary powers and means to verify
compliance with the conditions for an authorisation granted under this Decision.
Article 12
Reporting
1.
The competent authorities shall, every year by 30 June at the latest, submit a report to
the Commission containing the following information:
(a)
data related to fertilisation in all grassland farms which are covered by
authorisations, including information on yields and soil types;
(b)
trends in livestock numbers for each livestock category in the Netherlands and
in grassland farms covered by an authorisation,
(c)
trends in national manure production as far as nitrogen and phosphate in
manure are concerned;
(d)
a summary of the results of controls related to excretion coefficients for pig
and poultry manure at national level;
(e)
the maps referred to in Article 10(1);
(f)
the results of water monitoring, including information on water quality trends
for groundwater and surface water, as well as the impact on water quality of
the derogation granted in this Decision;
(g)
the information on nitrate and phosphorus concentration referred to in Article
10(2);
(h)
the results from the reinforced water monitoring referred to in Article 10(5);
(i)
the results of the surveys on local land use, crop rotations and agricultural
practices referred to in Article 10(4);
(j)
the results of the model-based calculations referred to in Article 10(4);
(k)
an evaluation of the implementation of the conditions for the authorisations set
out in Articles 7 and 8 on the basis of controls carried out at farm level, and
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information on non-compliant farms, on the basis of the results of the
administrative controls and inspections referred to in Article 10;
(l)
An update of implementation of the enhanced enforcement strategy referred to
in Article 4 in particular as regards:
(1)
the implementation of the enforcement in high risk areas De Peel,
Gelderse Vallei and Twente.
(2)
real time accountability of manure transport via automation by end 2020;
(3)
the decision on the revision of the sanction policy by end of June 2020;
(4)
impact of the measures to prevent the risk of spreading of the Corona
virus on the implementation of the strategy;
(m) the results of the enhanced enforcement strategy referred to in Article 4, in
particular as regards:
(1)
physical controls per type of farm;
(2)
the reduction in non-compliance cases;
(3)
administrative sanctions;
(n)
information about juridical sanctions that have been applied.
2.
The spatial data contained in the report shall, where applicable, fulfil the provisions
of Directive 2007/2/EC. In collecting the necessary data, the Netherlands shall make
use, where appropriate, of the information generated under the Integrated
Administration and Control System set up in accordance with Article 67(1) of
Regulation (EU) No 1306/2013.
Article 13
Period of application
This Decision shall apply until 31 December 2021.
Article 13
Addressee
This Decision is addressed to the Kingdom of the Netherlands.
Done at Brussels,
For the Commission
[…]
Member of the Commission
EN
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EN