
Article 1 
The derogation requested by Denmark by letter of 4 February 2016, for the purpose of allowing application to the land of a higher amount of nitrogen from 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.
Article 2 
This derogation applies to cattle farms on which the crop rotation includes more than 80 % of crops with high nitrogen uptake and long growing season and for which an authorisation has been granted in accordance with Article 5.
Article 3 
For the purposes of this Decision, the following definitions shall apply:

((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)) ‘grass’ means permanent or temporary grassland;
((c)) ‘crops being undersown by grass’ means silage cereals, silage maize, spring barley or spring barley and pea, to be undersown by grass before or after harvest;
((d)) ‘crops with high nitrogen uptake and long growing season’ means any of the following:

((i)) grass;
((ii)) grass catch crops;
((iii)) forage beets;
((iv)) crops being undersown by grass;
((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;
Article 4 
The derogation is granted on the following conditions:

((1)) As from August 2017 a phosphorus regulation shall enter into force establishing direct phosphorus ceilings at different levels throughout the country depending on geographical location and fertiliser type. Ceilings shall 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 covering all types of fertilisers shall be applied in catchments of phosphorus vulnerable aquatic environment.
((2)) An indicator and monitoring system shall be in place concerning the amount of phosphorus applied on agricultural fields in Denmark. Should either the indicator system or the monitoring system show 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 to be reached over the period 2018 to 2025, the ceilings for maximum phosphorus application will be reduced accordingly.
((3)) A combined targeted scheme for voluntary and mandatory catch crops shall be in place 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 environmental objectives.
((4)) The catch crops established under this scheme shall be additional to the national mandatory requirement of 10 or 14 % catch crops on the farms crop ground area, and may not be established on the same area used to meet the EFA requirement for catch crops.
Article 5 

1. Cattle farmers may submit an application for an annual authorisation to apply livestock manure containing up to 230 kg nitrogen per hectare per year to the competent authorities.The time-limit for submitting the application shall be the same as the national deadline for applying for Single Payment and submitting the fertiliser quota and catch crops plan.
2. Together with the application referred to in paragraph 1, the applicant shall submit a declaration that he fulfils the conditions laid down in Articles 7, 8 and 9.
Article 6 
Authorisations to apply an amount of cattle manure, including manure excreted by the animals themselves and treated manure, containing up to 230 kg nitrogen per hectare land each year shall be granted subject to the conditions laid down in Articles 7 to 9.
Article 7 

1. The total nitrogen input shall not exceed the foreseeable nutrient demand of the crop, taking into account the nutrient supply from the soil. It shall not exceed maximum application standards, as laid down in Order on agricultural use of fertiliser in the planning period 2016/2017 No 1055 (1/07/16), and in corresponding orders in the following planning periods.
2. A fertilisation plan shall be prepared for the whole acreage of the cattle farm. The plan shall be kept on the farm. It shall cover the period from 1 August to 31 July the following year. The fertilisation plan shall include the following:
(a) a crop rotation plan specifying the following:
((1)) the acreage of parcels with crops with high nitrogen uptake and long growing season;
((2)) the acreage of parcels with other crops than those mentioned in point (1);
((3)) a sketch map indicating the location of the parcels referred to in points (1) and (2) respectively;
(b) the number of livestock on the farm, a description of the housing and manure storage system, including the volume of manure storage available;
(c) a calculation of the manure nitrogen and phosphorus produced on the farm;
(d) a description of manure treatment, where applicable, and expected characteristics of the treated manure;
(e) the amount, type and characteristics of manure delivered outside the farm or to the farm;
(f) the foreseeable amount of nitrogen and phosphorus required for the crop in each parcel;
(g) a calculation of nitrogen and phosphorus application from manure for each parcel;
(h) a calculation of nitrogen and phosphorus application from chemical and other fertilisers for each parcel;
(i) an indication of the time of application of manure and chemical fertilisers.The fertilisation plan shall be revised no later than seven days following any change in agricultural practices at the cattle farm. The fertilisation account shall be submitted to the competent authorities by the end of March each year at the latest.
3. Manure shall not be spread in the period from 31 August to 1 March on grassland which will be ploughed the following spring.
Article 8 

1. Samples shall be taken from the upper 30 cm of the farmland soil and analysed for their content of nitrogen and phosphorus.
2. The sampling and analyses shall be carried out at least once every four years for each area of the farm presenting homogeneous features with regard to crop rotation and soil characteristics.
3. At least one sampling and analysis shall be carried out for each five hectares of farmland.
4. The results of the analyses shall be available for inspection at the cattle farm.
Article 9 

1. 80 % or more of the acreage available for manure application shall be cultivated with crops with high nitrogen uptake and long growing season.
2. Grass catch crops shall not be ploughed before 1 March the year after they have been established.
3. Temporary grasslands shall be ploughed in spring. A crop with high nitrogen uptake and long growing season shall be seeded as soon as possible, and no later than 3 weeks, after grass has been ploughed.
4. Crops used in crop rotation shall not include leguminous plants or other plants fixing atmospheric nitrogen, except for the following:
(a) clover in grassland with less than 50 % clover and alfalfa;
(b) alfalfa in grassland with less than 50 % clover and alfalfa;
(c) barley and pea undersown with grass;
5. Nitrogen fertilisations standards for crops following temporary grassland shall be reduced by the previous crop nitrogen value according to Order on agricultural use of fertiliser in the planning period 2016/2017 No 1055 (1/07/16), and in corresponding orders in the following planning periods regarding fertilisation standards, table on fertilisation norms for agricultural crops and vegetables, and subsequent changes.
Article 10 

1. The competent authorities shall ensure that maps are drawn up showing the following:
(a) the percentage of the cattle 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.Data on crop rotations and agricultural practices covered by authorisations shall be collected by the competent authorities. Those data shall be updated every year.
2. The competent authorities shall monitor root zone water, surface waters and groundwater and shall provide the Commission with data on nitrogen and phosphorus in the soil profile and nitrates concentrations in surface and groundwater, both under derogation and non-derogation conditions.The monitoring shall be carried out at farm field scale in the agricultural catchment national monitoring programme. The monitoring sites shall be representative of the main soil types, the prevalent fertilisation practices and the main crops. Reinforced monitoring shall be conducted in agricultural catchments on sandy soils.In addition, nitrates concentrations in surface and groundwater shall be monitored in at least 3 % of all farms benefiting from authorisations.
3. The competent authorities shall carry out surveys and continuous nutrient analyses in the agricultural catchment national monitoring programme and shall provide data on local land use, crop rotations and agricultural practices on cattle farms benefiting from an authorisation.Information and data collected from nutrient analysis as referred to in Article 7 and from monitoring as referred to in Article 10(2) shall be used for model-based calculations of nitrogen and phosphorus losses from cattle farms benefitting from an authorisation based on scientific principles.
4. The competent authorities shall quantify the percentages of the land under derogation which is covered by:
(a) clover or alfalfa in grassland;
(b) barley and pea undersown with grass.
Article 11 

1. The competent authorities shall ensure that applications for authorisation are submitted to administrative control. Where the control demonstrates that the conditions laid down in Articles 7, 8 and 9 are not fulfilled by the applicant, the application shall be refused, and the applicant shall be informed of the reasons for refusal.
2. The competent authorities shall establish a programme for inspections of farms benefiting from authorisations.The programme shall be based on risk analysis having regard to the results of controls of the previous years concerning the conditions laid down in Articles 7, 8 and 9 and the results of controls of compliance with national legislation transposing Directive 91/676/EEC.
3. The inspections shall consist of field inspections and on the spot control for compliance with the conditions set out in Articles 7, 8 and 9 and shall cover annually at least 7 % of the farms benefitting from an authorisation. Where a farm is found not to comply with those conditions, the holder of the authorisation shall be fined in accordance with national law 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 of the derogation granted under this Decision.
Article 12 
The competent authorities shall, every year by 31 December at the latest, submit a report to the Commission containing the following information:

((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 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 farms, on the basis of the results of the administrative and field inspections, referred to in Article 11;
((h)) trends in livestock numbers and manure production for each livestock category in Denmark and in derogation farms.
The spatial data contained in the report shall, where applicable, fulfil the provisions of Directive 2007/2/EC. In collecting the necessary data, Denmark 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 
This Decision shall apply until 31 December 2018.
Article 14 
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 16 May 2017.
For the Commission
Karmenu VELLA
Member of the Commission