6.2.2008 Official Journal of the European Union L 32/21 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 20 December 2007 granting a derogation requested by Belgium referred to the region of Wallonia pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document number C(2007) 6643) (Only the French text is authentic) (2008/96/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  The requested derogation concerns the intention of Belgium to allow the application in Wallonia of up to 230 kg nitrogen per hectare per year from livestock Having regard to the Treaty establishing the European manure in specific holdings with more than 48 % of Community, acreage as grassland. The nitrogen application from livestock manure on grassland would not exceed 230 kg per hectare per year, while on arable crops of these Having regard to Council Directive 91/676/EEC of 12 farms it would not exceed 115 kg/ha nitrogen per December 1991 concerning the protection of waters against hectare per year. pollution caused by nitrates from agricultural sources ('), and in particular the third subparagraph of paragraph 2 of Annex III thereto, (4 The designation of nitrates vulnerable zones in respect to Wallonia, in conformity with paragraphs 2 and 4 of Article 3 of Directive 91/676/EEC, covers approximately ) 42 % of this region’s territory and 54 % of utilised agri- (1) If the amount of manure that a Member State intends to cultural land. 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. Whereas: (5)  Approximately 500 farms, corresponding to 5,6 % of total number of farms in nitrate vulnerable zones, and 3% of the Utilised Agricultural Land are estimated to be encompassed by the derogation. (2)  Belgium submitted to the Commission a request for a derogation under third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC referred to the region (6) The legislation implementing Directive 91/676/EEC in of Wallonia. Wallonia ‘Arrété du Gouvernement wallon du 15 février 2007 modifiant le Livre Il du Code de I'Environ- () OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation nement constituant le Code de I'Eau cn ce qui concerne (EC) No 1882/2003 of the Eurpean Parliament and of the Council la gestion durable de lazote en agriculture’ has been (O] L 284, 31.10.2003, p. 1). adopted and applies equally to the requested derogation.