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From the EU Nitrate Directive 91/676/EEC

Article 4

1. With the aim of providing for all waters a general level of protection against pollution, Member States shall, within a two-year period following the notification of this Directive:

a) establish a code or codes of good agricultural practice, to be implemented by farmers on a voluntary basis, which should contain provisions covering at least the items mentioned in Annex II A;

b) set up where necessary a programme, including provision of training and information for farmers, promoting the application of the code(s) of good agricultural practice.

2. Member States shall submit to the Commission details of their codes of good agricultural practice and the Commission shall include information on these codes in the report referred to in Article 11. In the light of the information received, the Commission may, if it considers it necessary, make appropiate proposals to the Council.


Annex II

CODE(S) OF GOOD AGRICULTURAL PRACTICE

A code or codes of good agricultural practice with the objective of reducing pollution by nitrates and taking account of conditions in the different regions of the Community should certain provisions covering the following items, in so far as they are relevant:
  1. periods when the land application of fertilizer is inappropriate;
  2. the land application of fertilizer to steeply sloping ground;
  3. the land application of fertilizer to water-saturated, flooded, frozen or snow-covered ground;
  4. the conditions for land application of fertilizer near water courses;
  5. the capacity and construction of storage vessels for livestock manures, including measures to prevent water pollution by run-off and seepage into the groundwater and surface water of liquids containing livestock manures and effluents from stored plant materials such as silage;
  6. procedures for the land application, including rate and uniformity of spreading, of both chemical fertilizer and livestock manure, that will maintain nutrient losses to water at an acceptable level.
Member States may also include in their code(s) of good agricultural practices the following items:
  1. land use management, including the use of crop rotation systems and the proportion of the land area devoted to permanent crops relative to annual tillage crops;
  2. the maintenance of a minimum quantity of vegetation cover during (rainy) periods that will take up the nitrogen from the soil that could otherwise cause nitrate pollution of water;
  3. the establishment of fertilizer plans on a farm-by-farm basis and the keeping of records on fertilizer use;
  4. the prevention of water pollution from run-off and the downward water movement beyond the reach of crop roots in irrigation systems.


Annex III

MEASURES TO BE INCLUDED IN ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 5 (4) (a)

  1. The measures shall include rules relating to:
    1. periods when the land application of certain types of fertilizer is prohibited;
    2. the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the vulnerable zone is prohibited, except where it can be demonstrated to the competent authority that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment;
    3. limitation of the land application of fertilizers, consistent with good agricultural practice and taking into account the characteristics of the vulnerable zone concerned, in particular:
      soil conditions, soil type and slope;
      climatic conditions, rainfall and irrigation;
      land use and agricultural practices, including crop rotation systems;
      and to be based on a balance between:
      the foreseeable nitrogen requirements of the crops, and
      the nitrogen supply to the crops from the soil and from fertilization corresponding to:
      the amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree (outstanding amounts at the end of winter),
      the supply of nitrogen through the net mineralization of the reserves of organic nitrogen in the soil,
      additions of nitrogen compounds from livestock manure,
      additions of nitrogen compounds from chemical and other fertilizers.
  2. These measures will ensure that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed a specified amount per hectare. The specified amount per hectare be the amount of manure containing 170 kg N. However:
    (a) for the first four year action programme Member States may allow an amount of manure containing up to 210 kg N;
    (b) during and after the first four-year action programme, Member States may fix different amounts from those referred to above. These amounts must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 and must be justified on the basis of objectives criteria, for example:
    - long growing seasons,
    - crops with high nitrogen uptake,
    - high net precipitation in the vulnerable zone,
    - soils with exceptionally high denitrification capacity.

    If a Member State allows a different amount under subparagraph (b), it shall inform the Commission which will examine the justification in accordance with the procedure laid down in Article 9.

  3. Member States may calculate the amounts referred to in paragraph 2 on the basis of animal numbers.
  4. Member States shall inform the Commission of the manner in which they are applying the provisions of paragraph 2. In the light of the information received, the Commission may, if it considers necessary, make appropriate proposals to the Council in accordance with Article 11.
 

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