L 66/44 Official Journal of the European Union 8.3.2006 COMMISSION COMMISSION DECISION of 28 February 2006 granting a derogation requested by Austria 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(2006) 590) (Only the German text is authentic) (2006/189/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 91/676/EEC of 12 De- cember 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 III 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. Austria submitted to the Commission a request for a derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC. The requested derogation concerns the intention of Austria to allow the application of 230 kg nitrogen per hectare per year from livestock manure on specific cattle holdings with agricultural land available for manure application cropped by grass, grass catch crops or beet or other crops being undersown by grass with low nitrate leaching potential. Approximately 2 000 farms and 60 000 livestock units corresponding respectively to 3 % of farms and 4 % of livestock units are potentially encompassed by the derogation. () OJ L 375, 31.12.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (O] L 284, 31.10.2003, p. 1). (4) The Austrian legislation implementing Directive 91/676/EEC has been adopted and applies equally to the requested derogation. The Third Report on the implementation of the Nitrates Directive 2000-2003 in Austria shows that the average winter nitrate concentrations in surface waters were below 25 mg/l at all monitoring points. The average concentration of all sites was 5,8 mg/l NO;. Average nitrate concentration in groundwater was 19,6 mg/l. In 74 % of the sites the average concentration was lower than 25 mg/l. None of the Austrian lakes is euthrophic. Trend analysis shows that water quality is stable in the majority of the sampling points. The number of livestock and the utilisation of mineral fertiliser decreased substantially in the period 1990-2003, with a reduction of 21 % in cattle, 12 % in pig and 6 % in poultry number. In the period 2000-2002 nitrogen application was on average, respectively 47,8 kg per hectare and 35,4 kg per hectare per year from livestock manure and from chemical fertilisers, which represent among the lowest figures in the EU, with a trend towards reduction respectively of 7% and 5% compared to the period 1996/1999. Austria, in conformity with Article 3(5) of Directive 91/676/EEC, applies an action programme throughout its whole territory. The supporting documents presented in the Austrian notification show that the proposed amount of 230 kg per hectare per year of nitrogen from cattle manure is justified on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake. The Commission after examination of Austrian’s request considers that the proposed amount of 230kg per hectare per year nitrogen from cattle manure will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.