Ref. Ares(2020)6638797 - 12/11/2020
Recitals in Decision (EU) 2018/820, that should be updated
(4) On 31 May 2018, the Commission adopted Implementing Decision (EU) 2018/8201. 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 19564 farms in 2016, corresponding to 47 % of the total net
agricultural area in the Netherlands.
(8)
According to the data provided by the Dutch authorities, in the period 2012 to 2015,
the number of cattle and pigs in the Netherlands increased by 2,3 % and 0,8 % respectively as
compared to the period 2008 to 2011. The number of poultry in the Netherlands increased by
2,4 % for the same period. Since 2006, Dutch legislation sets limitations on the number of
pigs and poultry. Moreover, since January 2015, Dutch legislation requires that an
appropriate share of surplus manure from the dairy sector is processed. In addition, a system
of phoshate production rights for dairy cattle has been introduced in the Netherlands. All of
those measures aim at preventing pollution of water bodies.
(9)
In the period 2012 to 2015, nitrogen use from livestock manure in the Netherlands
was 416 000 tonnes, which was a decrease of 4,4 % as compared to the period 2008 to 2011 .
The use of Chemical N fertiliser in the Netherlands increased by approximately 4,3 % in the
period 2012 to 2015 compared to the period 2008-2011 .
(11) Moerover, 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
athorisations has decreased since 2006 and was in average in 2015 and 2016 below 50 mg/l.
(12)
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.
1
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).