MOF, Alm.del - 2023-24 - Endeligt svar på spørgsmål 702: Spm. om kommunikation mellem Europa-Kommissionen og de danske myndigheder om forlængelse af Danmarks dispensation fra nitratdirektivet, den såkaldte kvægundtagelse

Miljø- og Fødevareudvalget 2023-24
MOF Alm.del
Offentligt

List of additional information from DK

1. Nitrogen sensitive areas and Natura 2000

a. How many derogation farms in or directly adjacent to 1) Natura2000 areas for

which nitrogen is a relevant pressure and 2) nitrogen sensitive nature

protected under national law (nature protection law, para 3)?

b. What is the total number of hectares under derogation on these farms 1) in

total, 2) on adjacent fields and 3) within 250 meters?

c. An assessment of the status in terrestrial Natura 2000 areas, and those in close

proximity to derogation farms

d. Status in marine Natura 2000 areas downstream of catchments, where

derogation farms are located

e. Brief description of environmental permit systems for livestock farms, incl.

applied ammonia emission model

f. Brief description of additional livestock catch crop requirements

-sensitive marine

Natura2000 areas and where there is a (local) increase in livestock numbers.

Since when is the measure in place, what were the results achieved so far?

2. Drinking water extraction areas

a. How many farms close to extraction areas?

b. What is the total number of hectares under derogation in the zones close to

drinking water extraction points?

c. Brief explanation of the expected impact on derogation farms and the

implementation timeline of a possible national ban on pesticide use in these

zones

3. What measures do you have for lakes in buffer strips/zones? (make clear which

measures are mandatory/voluntary)

a. Brief description of buffer strips around surface waters in NAP

b. Brief description of alternatives to catch crops, including broader riparian

buffer strips

c. Risk map for phosphorus loss (catchments of phosphorus sensitive lakes),

with indication of fields benefiting from a derogation in these areas

d. what is the total number of hectares under derogation in catchments of

phosphorus sensitive lakes?

e. Brief description of additional current requirements for such derogation farms

aimed at reducing any phosphorus impact of affected lakes

4. Description and preliminary evaluation of the phosphorus ceilings (what has been

their impact in terms of reducing phosphorus loads in sensitive catchments?).

i. With the current phosphorus ceilings in place, what will be the expected

evolution in gross phosphorus balances on derogation farms located in

catchments of phosphorus sensitive lakes?

ii. A brief explanation of the equivalency between the phosphorus and

nitrogen limits applicable to derogation farms and the availability of

options for the farmer to specifically reduce phosphorus (separation and

export of P rich fraction etc.)

5. More information on local level and recent development in oxic groundwater

(according to Slide 6 from presentation on 14/9

6. A more elaborate understanding of the overall manure production (i.e. amount of

nutrients in manure over time).

7. How is climate change (rising sea water temperature) taken into account in the

assessment of the required reduction of nitrogen loads to the sea? How will it be

taken into account in the context of the revisit (and second opinion) in 2024?

8. State of play on measures:

a. An explanation of the changes to the NAP carried out since the last derogation

decision, any evaluation of the impact of the new measures so far, and the

timeline for the next review of the NAP in accordance with Article 5(7).

b. What is the percentage of farms/hectares of agricultural land that are not

receiving the basic payment under the Common Agricultural Policy? What are

the percentages for derogation farms?

c. Does the targeted regulation also apply to farms not receiving the basic payment

under the CAP? What other mandatory measures apply to those farms besides

those set out in the National Action Programme?

d. What have been the effects of the measures already in place since the last 10

years in reducing Nitrogen loads? Have results been uniform along the various

catchments (or were there increases in certain catchments? If yes please give

more details). Are there derogations in these catchments?

e. What is the state of play on the implementation of collective measures for which

the graph only indicates a technical budgeting in the yellow bars (what

percentage of this is already implemented)? What has been the results so far

(take-up and reduction of Nitrogen load)?

f. What is the baseline year for the graph modelling the effects of the various

measures in the different catchments? How are results of measures already in

place been taken into account? Does it take into account the latest figures for

nitrogen flows in the different catchments?

g. What is the timeline for the review of 2024 (including the various steps)?

MOF, Alm.del - 2023-24 - Endeligt svar på spørgsmål 702: Spm. om kommunikation mellem Europa-Kommissionen og de danske myndigheder om forlængelse af Danmarks dispensation fra nitratdirektivet, den såkaldte kvægundtagelse MOF, Alm.del - 2023-24 - Endeligt svar på spørgsmål 702: Spm. om kommunikation mellem Europa-Kommissionen og de danske myndigheder om forlængelse af Danmarks dispensation fra nitratdirektivet, den såkaldte kvægundtagelse

EUROPEAN COMMISSION

DIRECTORATE-GENERAL

ENVIRONMENT

Directorate D. Biodiversity

The Director

Brussels

Mr Christian Vindahl Vind

Deputy Permanent Secretary

Ministry of Environment

Denmark

[email protected]

Subject: Deterioration of the situation in Danish coastal and marine waters

Dear Mr Vindahl Vind,

I am writing in relation to the implementation of the Nitrates Directive (

) and the Water

Framework Directive (

) in Denmark.

The present letter is prompted by data available to the Commission through reporting

obligations as well as a recent report published in September 2023 from the University of

Aarhus on oxygen depletion in Danish coastal and marine waters (

). These reports are

used by the Danish authorities as part of the scientific basis for the assessment of the status

of Danish coastal and marine waters. For example, they were referred to in the presentation

by Denmark in the Nitrates Committee on 15 September, in the context of the request for

a derogation under paragraph 2 of Annex III of the Nitrates Directive.

This latest report concludes that the extent of eutrophication and oxygen depletion in 2023

was the second largest ever recorded for September (

). It shows a worsening over the

recent years (

) partly reflecting climatic factors, including a trend towards higher water

temperatures in Danish coastal and marine waters, and partly nitrogen inputs to these

waters, of which a significant part originates from agricultural activities in Denmark.

(1) Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by

nitrates from agricultural sources (91/676/EEC).

(2) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a

framework for Community action in the field of water policy.

(3) Iltsvind i danske farvande 24. august 21. september 2023, Rådgivningsnotat fra DCE Nationalt

Center

for

Miljø

Energi,

29.

september

2023.

Also

available

https://mst.dk/nyheder/2023/september/markant-forvaerret-iltsvind

(4) See extract from the report summary in Annex I (a).

(5) See graph in Annex I (b).

on:

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

The Minister of environment has acknowledged the gravity of the situation (

Data from 2022 and earlier years already give a certain indication of a deteriorating trend.

With the latest figures, the deteriorating trend now appears even more evident.

The report should also be seen in the context of Danish inputs of nitrogen to the coastal

waters, which has not shown a clear declining trend in recent years (

). I would like to

remind you that the Danish authorities have in the past assured the Commission that

measures would be put in place to ensure significant reductions in inputs and

improvements in water quality (

We have concerns related to continued problems of water quality in Denmark as well as

the fact that significant measures to reduce nitrogen loads from agriculture are still to be

decided (and implemented) to fulfil the objectives of the Nitrates Directive and the Water

Framework Directive with regard to coastal waters (

). According to the information we

have received, the Danish authorities plan to take decisions in 2024 on measures to address

these remaining reduction needs, and the measures would be implemented only in 2026 at

the earliest (

I would like to draw your attention to the importance of an effective and timely reaction to

the deteriorating situation in the Danish coastal and marine waters. In this regard, it is

relevant to recall the obligation of Member States under Article 5 (5) of the Nitrates

Directive to:

actions as they consider necessary if, at the outset or in the light of experience gained in

implementing the action programmes, it becomes apparent that the measures referred to in

paragraph 4 will not be sufficient for achieving the objectives specified in Article 1.

Under the jurisprudence of the Court of Justice of the European Union (

), the Member

States should take such additional measures or reinforced actions when it is first realised

that the measures implemented under Article 4 are not sufficient to achieve the objectives

of Article 1 of the directive.

This should also be read in conjunction with the obligations under Article 11(5) of the

Water Framework Directive establishing that:

here monitoring or other data indicate

that the objectives set under Article 4 for the body of water are unlikely to be achieved, the

Member State shall ensure that: i) the causes of the possible failure are investigated, ii)

relevant permits and authorisations are examined and reviewed as appropriate, iii)

(translation from Danish:

https://mim.dk/nyheder/2023/sep/magnus-heunicke-vaerste-iltsvind-i-20-aar/

)

(7) See graphs in Annex I e) and f), taken from the latest report of the Danish monitoring programme for

nature and marine environment (NOVANA) from March 2023, VANDLØB 2021 Kemisk vandkvalitet,

stoftransport

miljøfarlige

forurenende

stoffer,

NOVANA,

and

58,

https://mst.dk/nyheder/2023/marts/novana-2021-bliv-klogere-paa-naturens-tilstand

(8) EU PILOT 8540/16/ENVI.

(9) See graph in Annex I (c) received from the Danish authorities.

(10) See map in Annex I (d) received from the Danish authorities.

(11) See for example Case C-543/16 Commission v Germany, judgement of the CJEU of 21 June 2018, paras

52-53.

the monitoring programmes are reviewed and adjusted as appropriate, and iii) additional

measures as may be necessary in order to achieve those objectives are established,

including, as appropriate, the establishment of stricter environmental quality standards

following the procedures laid down in Annex V.

The Commission is assessing the 3

River Basin Management Plan reported by the

Denmark to ascertain in particular how the obligations mentioned above have been applied

and how the recommendations of the Commission included in the Report to the Council

and the Parliament on the implementation of the Nitrates Directive (

) and the

recommendations included in the Report to the Council and the Parliament on the

Implementation of the Water Framework Directive (

) are implemented.

We shall therefore be looking forward to receiving information on any actions that the

Danish authorities are envisaging in response to these developments.

In addition, we would be grateful to receive the actual data behind the two graphs in Annex

I e) and f), as well as any additional data that may in the meantime have become available

for the hydrological year 2021/22 as well as the calendar year 2022.

We also request further information on the determination of the baseline for the assessment

of remaining reduction requirements referred to above considering those data. The fact that

a consistent declining trend in nitrogen flows to coastal waters has not yet become evident

based on past measures could raise questions with regard to this baseline. In addition, the

Commission would appreciate information on how Article 11(5) of the Water Framework

Directive has been applied in the 3

River Basin Management Plan.

The above information will be crucial in the context of monitoring compliance with the

requirements of the Nitrates, Water Framework, Birds and Habitats Directives. I would

like to recall that in Denmark all marine Natura 2000 sites as well as several terrestrial sites

(hosting habitats like bogs, heathlands and grasslands) are considered to be nitrogen-

sensitive. Most of these habitats have an unfavourable conservation status in all

biogeographical regions and several have a deteriorating trend (

). The information will

also be relevant in the context of the Danish request to renew the derogation pursuant to

the Nitrates Directive.

Finally, let me express my appreciation of the good cooperation with the Danish authorities

on this matter.

Yours sincerely,

Humberto Delgado Rosa

E-signed

(12)

SWD(2021) 1001 final

(13)

COM(2019) 95 final

(14) According to the Danish

Article 17

assessment.

Annex I

a. Extract from oxygen depletion report September 2023 from Aarhus University

Oxygen depletion worsened markedly during the reporting period (24 August 21

September). High water temperatures and mostly calm wind conditions stimulated the

development of oxygen depletion. For the first time since 2008, there was widespread

oxygen depletion in southern and central Kattegat. The most affected areas in the inner

Danish waters were Limfjorden, Mariager Fjord, the southern Little Belt, the south-east

Jutland fjords, the South Funen Archipelago and Fehmarn Belt. In many of these areas the

bottom water was anoxic, and toxic sulphide was released from the bottom. In these areas,

a large part of the water volume was affected by predominantly severe oxygen depletion.

Dead fish were observed in Limfjorden, and a shroud appeared on the bottom in several

areas. The extent of the oxygen depletion was the second largest ever recorded for

September. In several areas, the situation was highly critical, especially for benthic

animals, fish and plants.

b. Graph from oxygen depletion report September 2023 from Aarhus

University

c. Expected distribution of different efforts for reaching good ecological status in the

coastal water catchments in 2027

d. Catchments with additional measures to be implemented after 2025 (striped areas

cover the brown and green bars in figure c above).

e. Nitrogen transport per calendar year 1990-2021 (water-flow corrected (

))

f. Nitrogen transport per hydrological year (

) 1990/21-2020/21 (water-flow

corrected)

(15) Total N transport co-vary with the level of precipitation. The data have been corrected for this.

(16) The hydrological years cover April-March.