L 28736 Official Journal of the European Union 4.11.2011 DECISIONS COMMISSION IMPLEMENTING DECISION of 3 November 2011 on granting a derogation requested by Italy with regard to the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (notified under document C(2011) 7770) (Only the Italian text is authentic) (2011/721/EV) 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 those specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) of that subparagraph, that amount is to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and it has to be justified on the basis of objective criteria, such as long growing seasons and crops with high nitrogen uptake. (2)  Ttaly submitted to the Commission a request for a dero- gation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC with regard to the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto. (3)  The requested derogation concerns the intention of Italy to allow the application in the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto of up to 250 kg nitrogen per hectare per year from cattle manure and treated pig manure on farms with at least 70 % of crops with high nitrogen demand and long growing season. Approximately 10 313 cattle farms () OJ L 375, 31.12.1991, p. 1. and 1 241 pig farms in the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto corresponding to respectively 15,9 % and 9,7 % of total cattle and total pig farms in the same Regions, 10,7 % of the utilised agricultural land and 29,1 % of the total dairy livestock and 49,3 % of total pig numbers in the same Regions are estimated to be potentially encompassed by the dero- gation. Besides, also arable farms can apply for the dero- gation. The legislation implementing Directive 91/676/EEC and establishing the action programmes in Emilia Romagna (Decision n. 1273/2011 5.9.2011), Lombardia (Decision n. IX/2208 14.9.2011), Piemonte (Decision 18-2612 19.9.2011) and Veneto (Decision n. 1150 26.7.2011), has been adopted and applies in conjunction with this Decision for the period 2012 to 2015. The designated vulnerable zones to which the action programmes apply cover about 63 % of the utilised agri- cultural area (UAA) of Emilia Romagna, 82 % of the UAA of Lombardia, 38 % of the UAA of Piemonte and 87 % of the UAA of Veneto. Water quality data submitted show that for groundwater in the Regions of Emilia Romagna, Lombardia, Piemonte and Veneto 89 % of groundwater bodies have mean nitrate concentrations below 50 mg/l nitrate and 63 % have mean nitrate concentrations below 25 mg/l nitrate. For surface waters, more than 98 % of moni- toring sites have mean nitrate concentrations below 25 mg[l and no points have nitrate concentrations over 50 mg/l nitrate. The Regions Emilia Romagna, Lombardia, Piemonte and Veneto account for more than 70 % of livestock in Italy: in particular, 67,1 % of dairy cattle, 60,6 % of other cattle, 81 % of pigs and 79,4 % of poultry. Livestock numbers show a decreasing trend in the period 1982-2007 (20 % on average for the four Regions).