RÅDETS DIREKTIV av den 12 december 1991 om skydd mot att vatten förorenas av nitrater från jordbruket (91/676/EEG)

soil conditions, soil type and slope;

climatic conditions, rainfall and irrigation;

land use and agricultural practices, including crop rotation systems;

the foreseeable nitrogen requirements of the crops,

and

the nitrogen supply to the crops from the soil and from fertilization corresponding to:

the livestock manure component of the fertilising material has undergone a treatment process that increases the concentration of nitrogen in mineral form, urea nitrogen or crystal-bound nitrogen, expressed as a percentage by weight of the total nitrogen compared to the input to the treatment process, resulting in any of the following:

the fertilising materials are of consistent quality across batches and have a ratio of mineral nitrogen to total nitrogen of at least 90 % or a ratio of organically bound carbon to total nitrogen of no more than 3, in both cases correcting for any nitrogen derived from component materials that do not originate from manure and contain more than 3 % of nitrogen on a dry matter basis;

the fertilising materials do not exceed the following upper limits:

pathogens in the fertilising materials containing more than 1 % organic carbon do not exceed the following upper limits:

Member States implement strict quality standards to ensure a consistent nutrient content in fertilising materials across production batches in line with the criteria set out in point (ii);

Member States ensure that the fertilising material is accompanied by documentation containing information on the content of nitrogen (N) and phosphates (P2O5) where the concentration of any of those elements exceeds 1 % of dry matter, with a maximum deviation of 25 % from the declared value;

Member States ensure that livestock numbers and manure production do not increase as a result of the application of this point, (i) at national level when nitrogen content of total annual national manure production per hectare of utilised agricultural area (UAA) exceeds 75 % of the 170 kg N per hectare limit set out in this subparagraph; and (ii) at the level of NUTS 2 territorial units where the authorisation is given, when nitrogen content of the total annual manure production per hectare of UAA in these territorial units exceeds 75 % of the 170 kg N per hectare limit set out in this subparagraph;

Member States tighten the limitations on land application of fertilisers (fertilisation rates), set out in point 1, paragraph 3 of this Annex, to take into account the increased risks of nitrogen loss in water and air resulting from the use of fertilising materials meeting the conditions set out in points (i) to (iv) of this point, while applying a mineral fertiliser equivalence coefficient of 1 for such materials. Member States ensure as far as possible the maintenance of a living plant cover or equivalent measures on land where fertilising materials meeting the conditions in points (i) to (iv) of this point are applied; Member States ensure that, where relevant to prevent the loss of ammonia from agricultural soils, appropriate precautions are taken during the land application of fertilising materials meeting the conditions in points (i) to (iv) of this point, in particular, through injection, immediate incorporation of surface-applied materials, or equivalent measures;

Member States take measures to prevent to the extent possible emissions, including emissions to air, resulting from storage of fertilising materials meeting the conditions in points (i) to (iv) by defining appropriate storage conditions and requirements for such materials;

Member States take all necessary measures to ensure that the use of fertilising materials meeting the conditions set out in points (i) to (iv) of this point does not prejudice the attainment of the objectives of this Directive, of Council Directive 92/43/EEC ( 3 ) and Directives 2000/60/EC ( 4 ), (EU) 2016/2284 ( 5 ), (EU) 2020/2184 ( 6 ) and 2008/50/EC ( 7 ) of the European Parliament and of the Council in so far as the measures of the action programme are relevant to those Directives. Member States take measures to prevent adverse effects in and around Natura 2000 areas, and in the vicinity of drinking water abstraction points, in accordance with Directive 92/43/EEC and Directive (EU) 2020/2184, respectively.

Where Member States apply this point of the second subparagraph they shall notify the Commission thereof. In addition, they shall, as part of the report referred to in Article 10, report on its application, including annual data on the amount of materials produced meeting the conditions set out in points (i) to (iv) of this point and on livestock density and manure production at national level and at the level of NUTS 2 territorial units as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council ( 8 ).