28.12.2006 Official Journal of the European Union L 3821 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 22 December 2006 granting a derogation requested by Germany 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) 7075) (Only the German version is authentic) (2006/1013EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, 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 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. Germany submitted to the Commission a request for a derogation under third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC. The requested derogation concerns the intention of Germany to allow the application of 230 kg nitrogen per hectare per year from livestock manure on intensive grassland fields of specific farms. The application of nitrogen from livestock manure on the arable crops of () OJL375,31.12.1991,p. 1. these farms would not, however, exceed 170 kg/ha nitrogen per hectare per year. Approximately 13 500 farms, 500 000 hectares and 11 600 t year nitrogen corresponding respectively to 2,4 % farms, 2,9 % Utilised Agricultural Land and 0,7 % total manure nitrogen are estimated to be potentially encompassed by the derogation. They are mainly located in Bavaria (Oberbayern), Baden Wurttemberg (Tubingen), Lower Saxony (Luneburg, Weser-Ems) and Schleswig- Holstein. The German legislation implementing Directive 91/676/EEC, Fertiliser Ordinance of 10 January 2006 amended lastly on 28 September 2006, has been adopted and applies equally to the requested derogation. Water quality data submitted by Germany with the Third Report on the implementation of the Nitrates Directive 2000-2003 and with the derogation request show a decrease in nitrates concentration of surface water at 83 % of monitoring stations and a stable concentration at 9 % of monitoring stations compared to the period 1991-1994. Regarding groundwater, the monitoring system established for the purpose of assessing imple- mentation of the Directive 91/676/EEC shows that nitrate concentration is decreasing in approximately 50 % of monitoring stations and stable in approximately 15 % of monitoring stations.