2011/128/EU: Commission Decision of 24 February 2011 amending Decision 2007/863/EC granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2011) 1033)

• Published date: 25 February 2011
• Date of Signature: 02 December 2011
• Subject Matter: Environment,Agriculture and Fisheries
• Official Gazette Publication: Official Journal of the European Union, L 51, 25 February 2011

25.2.2011 EN Official Journal of the European Union L 51/21

---

COMMISSION DECISION

of 24 February 2011

amending Decision 2007/863/EC granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources

(notified under document C(2011) 1033)

(Only the English text is authentic)

(2011/128/EU)

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 sources (1), and in particular the third subparagraph of paragraph 2 of Annex III thereto,

Whereas:

(1) If the amount of manure that a Member State intends to apply per hectare each year is different from those specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) of that subparagraph, that amount is to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and it has to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake.

(2) On 14 December 2007, the Commission adopted Decision 2007/863/EC granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (2), allowing Northern Ireland the application of 250 kg nitrogen per hectare per year from livestock manure on farms with at least 80 % grassland.

(3) The derogation granted by Decision 2007/863/EC concerned in 2009 approximately 150 farms in Northern Ireland corresponding to approximately 0,6 % of total number of holdings and 1 % of the total net agricultural area. Decision 2007/863/EC expires on 31 December 2010.

(4) On 23 September 2010 the United Kingdom for the region of Northern Ireland submitted to the Commission a request for an extension of the derogation. The request contained a justification on the basis of the objective criteria specified in the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.

(5) The United Kingdom for the region of Northern

...