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

Germany submitted to the Commission a request for a derogation under third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC.

The requested derogation concerns the intention of Germany to allow the application of 230 kg nitrogen per hectare per year from livestock manure on intensive grassland fields of specific farms. The application of nitrogen from livestock manure on the arable crops of these farms would not, however, exceed 170 kg/ha nitrogen per hectare per year.

Approximately 13 500 farms, 500 000 hectares and 11 600 t year nitrogen corresponding respectively to 2,4 % farms, 2,9 % Utilised Agricultural Land and 0,7 % total manure nitrogen are estimated to be potentially encompassed by the derogation. They are mainly located in Bavaria (Oberbayern), Baden Wurttemberg (Tubingen), Lower Saxony (Luneburg, Weser-Ems) and Schleswig-Holstein.

The German legislation implementing Directive 91/676/EEC, Fertiliser Ordinance of 10 January 2006 amended lastly on 28 September 2006, has been adopted and applies equally to the requested derogation.

Water quality data submitted by Germany with the Third Report on the implementation of the Nitrates Directive 2000-2003 and with the derogation request show a decrease in nitrates concentration of surface water at 83 % of monitoring stations and a stable concentration at 9 % of monitoring stations compared to the period 1991-1994. Regarding groundwater, the monitoring system established for the purpose of assessing implementation of the Directive 91/676/EEC shows that nitrate concentration is decreasing in approximately 50 % of monitoring stations and stable in approximately 15 % of monitoring stations.

The number of livestock decreased, in particular with regard to the number of cattle (-25 %). Manure nitrogen input per hectare per year dropped by 11 % between 1991-1993 and 2002-2004; nitrogen surplus decreased from 120 to 101 kg per hectare in the same period.

Germany, in conformity with paragraph 5 of article 3 of Directive 91/676/EEC, applies an action programme throughout its whole territory.

The supporting documents presented in the notification submitted by Germany show that the proposed amount of 230 kg per hectare per year of nitrogen from livestock manure is justified for intensive grassland fields on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake.

The Commission after examination of the request from Germany considers that the proposed amount of 230 kg per hectare per year nitrogen from livestock manure will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.

This Decision should be applicable in connection with the present action programme in force for the period 2006 to 2009.

The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,