
Article 1 
The derogation requested by Denmark by letter of 20 March 2020, 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 (‘the derogation’), is granted subject to the conditions laid down in Article 4 to 12.
Article 2 
The derogation applies to cattle farms on which at least 80 % of the acreage available for manure application are cultivated with crops with high nitrogen uptake and long growing season and for which an authorisation has been granted in accordance with Article 6.
Article 3 
For the purposes of this Decision, the following definitions shall apply:

((1)) ‘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;
((2)) ‘crops being undersown by grass’ means silage cereals, silage maize, spring cereals, winter cereals or spring barley and pea, to be undersown by grass before or after harvest;
((3)) ‘crops with high nitrogen uptake and long growing season’ means any of the following:

((a)) grass;
((b)) grass catch crops;
((c)) forage beets;
((d)) crops being undersown by grass;
((e)) chicory;
((4)) ‘grass’ means permanent or temporary grassland;
((5)) ‘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 of 1 August 2017, Order No 865 of 23 June 2017 on commercial livestock, livestock manure, silage, etc. has entered into force establishing direct phosphorus ceilings at different levels throughout the country depending on fertiliser type. Ceilings 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 shall be applied in certain catchments having a phosphorus vulnerable aquatic environment.
((2)) An indicator and monitoring system shall be in place for the amount of phosphorus applied on agricultural fields in Denmark. Where either the indicator system or the monitoring system shows 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 allowed to be reached over the period 2018 to 2025, the ceilings for maximum phosphorus application shall be reduced accordingly.
((3)) As of 5 April 2019, Danish Act No 338 of 2 April 2019 on Agricultural Use of Fertilisers and on Nutrient-Reducing Measures as amended has entered into force establishing a combined target scheme for voluntary and mandatory measures based on the need to reduce nitrates contents in groundwater bodies and in coastal waters. From 2020, the scheme is part of the Danish implementation of the obligations under Directive 2000/60/EC of the European Parliament and of the Council. Those measures provide for the establishment of catch crops or alternative measures provided in national legislation. Under the scheme, the obligatory provisions for nitrogen reduction shall enter into force automatically if the voluntary agreements for nitrogen reduction fail to deliver the sufficient environmental objectives.
((4)) The catch crops established under that scheme shall be additional to the catch crops planted in order to fulfil the national mandatory requirement of 10,7 or 14,7 % catch crops on the cattle farm’s crop ground area or the national mandatory requirement in corresponding Executive Orders for the subsequent planning periods, and may not be established in the same area as that used to meet the Ecological Focus Area requirement for catch crops.
Article 5 

1. Cattle farmers may submit an application to the competent authorities for an annual authorisation to apply livestock manure containing up to 230 kg nitrogen per hectare per planning period.The time-limit for submitting the application shall be the same as the national time-limit for applying for Basic Payment of the CAP and shall include the fertiliser quota and catch crops plan.
2. The submission of an application as referred to in paragraph 1 shall be considered to imply a declaration by the applicant that the conditions in Articles 7, 8 and 9 are fulfilled.
Article 6 
Authorisations to apply an amount of manure from the cattle farm, including manure excreted by the animals themselves and treated manure, containing up to 230 kg nitrogen per hectare each planning period shall be granted subject to the conditions laid down in Articles 7, 8 and 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 Executive Order No 762 of 29 July 2019 on Agricultural Use of Fertilisers in the planning period 2019/2020 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 of the following year. The fertilisation plan shall include the following:
(a) a crop rotation plan specifying the following:
((i)) the acreage of parcels with crops with high nitrogen uptake and long growing season;
((ii)) the acreage of parcels with other crops than those mentioned in point (i);
((iii)) a sketch map indicating the location of the parcels referred to in points (i) and (ii) respectively;
(b) the number of livestock on the cattle farm;
(c) a description of the housing and manure storage system, including the volume of manure storage available;
(d) a calculation of the manure nitrogen and phosphorus produced on the cattle farm;
(e) a description of manure treatment, where applicable, and expected characteristics of the treated manure;
(f) the amount, type and characteristics of manure delivered outside the cattle farm or to the farm;
(g) the foreseeable amount of nitrogen and phosphorus required for the crop in each parcel;
(h) a calculation of nitrogen and phosphorus application from manure for each parcel;
(i) a calculation of nitrogen and phosphorus application from chemical and other fertilisers for each parcel;
(j) 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 plan shall be submitted to the competent authorities by 31 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.
4. Nitrogen fertilisations application standards for crops following temporary grassland shall be reduced by the previous crop nitrogen value according to Executive Order No 762 of 29 July 2019 on Agricultural Use of Fertilisers in the planning period 2019/2020, and in corresponding orders in the subsequent planning periods regarding fertilisation standards, table on fertilisation norms for agricultural crops and vegetables, and subsequent changes.
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 cattle 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. 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 and alfalfa in grassland together amounting to less than 50 %;
(b) barley and pea undersown with grass.
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.The competent authorities shall collect and shall update every year data on crop rotations and agricultural practices on cattle farms covered by authorisations under this Decision.
2. The competent authorities shall monitor root zone water, surface waters and ground water 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 of water quality shall be carried out in areas with sandy soils. In addition, nitrates concentrations in surface and groundwater shall be monitored in at least 3 % of all holdings covered by an authorisation.
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 paragraph 2 of this Article 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 and record the percentages of the land under the 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 cattle farms benefitting from an authorisation. Where a cattle 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 planning period in the year after the finding.
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 nitrate and phosphorus concentrations in the root zone water as well as regards nitrogen and phosphorus in the soil, 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 cattle 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 cattle farms, on the basis of the results of the administrative control and inspections, referred to in Article 11;
((h)) trends in livestock numbers and manure production for each livestock category in Denmark and in cattle farms benefitting from the derogation;
((i)) the implementation of the conditions for the derogation set in Article 4.
The spatial data contained in the report shall, where applicable, comply with 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 July 2024.
Article 14 
This Decision is addressed to the Kingdom of Denmark.
Done at Brussels, 17 July 2020.
For the Commission
Virginijus SINKEVIČIUS
Member of the Commission