L 35/18 Official Journal of the European Union 6.2.2010 COMMISSION DECISION of 5 February 2010 amending Decision 2005/880/EC granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2010) 606) (Only the Dutch version is authentic) (2010/65/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the functioning of the European Union, Having regard to Council Directive 91/676/EEC  of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources ('), and in particular the third subparagraph of paragraph 2 of Annex 111 thereto, Whereas: (1) 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. On 8 December 2005, the Commission  adopted ~ Decision ~ 2005/880/EC (%) allowing the Netherlands the application of 250 kg nitrogen per hectare per year from livestock manure in farms with at least 70 % grassland. (2)  The derogation thus granted concerned approximately 25000 farms in the Netherlands and approximately 900 000 hectares and applied to the period 1 January 2006 to 31 December 2009. The derogation was granted because: () OJ L 375, 31.12.1991, p. 1. () OJ L 324, 10.12.2005, p. 89. (a) = the Dutch legislation implementing Directive 91/676/EEC included application standards both for nitrogen and phosphate and application standards related to phosphate aimed to achieve an equilibrium in phosphate fertilisation by 2015; the Netherlands addressed the issue of nutrient surplus from manure and mineral fertilisers through several policy instruments and in the period 1992 to 2002 decreased cattle numbers by 17 %, pigs by 14 % and sheep and goats by 21 %. Nitrogen and phosphorus in manure decreased respectively by 29 and 34 % in the period 1985 to 2002. Nitrogen and phosphorus surpluses decreased respectively by 25 and 37 %, in the period 1992 to 2002; the available water quality data showed a downwards trend in groundwater nitrate concentration and in nutrient concentration (including phosphorus) in surface water; the technical and scientific documents presented in the Dutch notification showed that the proposed amount of 250 kg per hectare per year nitrogen from cattle manure in farms with at least 70 % grassland was compatible with the achievement of the level of 11,3 mg/l N (corresponding to 50 mg|l NO3) in water in all soil types, and to approximately a zero phosphorus surplus, under conditions of optimal management; the technical and scientific documents presented showed that the proposed amount of 250 kg per hectare per year nitrogen from cattle manure in farms with at least 70 % grassland was justified on the basis of objective criteria such as long growing season and crops with high nitrogen uptake.