Implementing decision 2019/1205 - Granting of a derogation requested by Belgium with regard to the region of Flanders pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2019) 5180) - Main contents

EN

Official Journal of the European Union

L 190/1

By Commission Implementing Decision (EU) 2015/1499 (2) Belgium was granted a derogation allowing it to authorise in the region of Flanders, under certain conditions, the land application of up to 250 kg nitrogen per hectare per year from livestock manure on parcels cultivated with grassland and maize undersown with grassland, with cut grassland followed by maize and with cut rye followed by maize and up to 200 kg nitrogen per hectare per year from livestock manure on parcels cultivated with winter wheat and triticale followed by a catch crop and with sugar or fodder beets.

The derogation granted by Implementing Decision (EU) 2015/1499 concerned approximately 2 870 farmers and 94 280 ha of land and expired on 31 December 2018.

On 21 December 2018, Belgium submitted to the Commission a request for a new derogation under the third subparagraph of point 2 of Annex III to Directive 91/676/EEC with regard to the region of Flanders.

The requested derogation concerns the intention of Belgium to allow the land application in Flanders, in specific holdings, of up to 250 kg nitrogen per hectare per year from grazing livestock manure and treated manure on parcels cultivated with grassland, grassland mixed with clover, maize undersown with grassland and cut grassland or cut rye followed by maize and up to 200 kg nitrogen per hectare per year from livestock manure and treated manure on parcels cultivated with winter wheat or triticale followed by a catch crop and with beet.

The information provided by Belgium in the context of the derogation granted by Implementing Decision (EU) 2015/1499, indicates that the derogation has not led to a deterioration of water quality. The Report from the Commission to the Council and the European Parliament on the implementation of Directive 91/676/EEC for the period 2012 to 2015 (3), shows that in the region of Flanders, around 81 % of the groundwater monitoring stations reported mean nitrate concentrations below 50 mg/l and 63 % of groundwater monitoring stations reported mean nitrate concentrations below 25 mg/l. Monitoring data showed a downward trend in nitrate concentration in groundwater as compared to the previous reporting period (2008 to 2011). For surface water, 95 % of the monitoring stations have reported mean nitrate concentrations below 50 mg/l and 75 % of monitoring stations have reported mean nitrate concentrations below 25 mg/l. The majority of monitoring points in surface waters showed a decreasing trend in nitrate concentrations. In the reporting period 2012 to 2015, around 76 % of rivers were classified as either eutrophic or hypertrophic, which is similar to the previous reporting period (2008 to 2011).

More recent data provided by Belgium for the region of Flanders demonstrate that the quality of ground and surface water in Flanders as regards contamination by nitrates did not improve since 2015.

Flanders intends to reach the following water quality goals over the action...