Inemad improved Nutrient and Energy Management through Anaerobic Digestion Project/Contract number: 289712 Call identifier: fp7-kbbe-2011-5 Funding scheme: Collaborative project Document number

Water Directive

In Flanders this WFD was translated into “ Decreet Integraal Waterbeleid” (Decree integral water management). Hereby different policy instruments have been implemented to set the decree into practice. Furthermore also an operational monitoring network of water bodies who don’t meet or risk not meeting the quality targets is implemented to assess the impact of the measurements taken within the Water Framework directive. In the measuring network for Flemish water bodies less excessions of the 50 mg nitrate value was observed (only 0.3 % of measurements and 3% of measurement points). However it is important to notice that the actual environmental basic quality standard for Flemish water bodies is set on 25 mg nitrate per litre.

Besides nitrate also phosphate in groundwater is an important parameter in light of the WFD, as it can have detrimental effects on terrestrial an aquatic ecosystems. Consequently the phosphate guidelines for ground water have been adjusted to a maximum concentration of 1.4 mg o-PO4/l instead of 6.7 mg o-PO4/l.

Figure : Maximal average phosphate concentrations for wells in 2009

For Wallonia, the Surface Water Direction coordinates the implementation of the Water Framework Directive and is also in charge of the coordination with the other directions involved and the water operators. It is interesting to highlight that a strong link exists between the Nitrate Directive and the Water Framework Directive. Indeed, even if the Water Framework Directive covers a larger scope, it reflects the obligation means of the Nitrate Directive into an obligation of results (good water status for 2015). The Water Framework Directive was partially adapted in 2003-2004. The identification and analysis of Walloon hydrographic districts were performed. Underground and surface water were classified into water masses (33 underground water masses and 354 surface water masses). The zones to be protected were also recorded. Now the management plans for the districts of Rhine` and Seine are finished, while the plan for the districts of Escaut and Meuse are under definition. The specific measures for the agriculture sector aren’t yet defined and will be included in the management plans. These plans had to be finished for 2009 but the Walloon Region will have an additional delay of one year. This delay could be explained by the large framework of this directive and the involvement of a lot of different actors.

3. Legislation

1. Manure legislation

In 1991, the European Nitrate Directive was ratified for all European Union member states (Directive 91/676/EEG of the Council of 12 December 1991). In this Directive, a basic quality norm for ground and surface water was set at maximum 50 mg NO₃^- per litre. Similar to other member states, this norm was not met overall in Flanders and measures needed to be taken. One of the causes of a too high nitrate content in the ground and surface water is the degree in which manure was applied on Flemish agricultural soils.

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  The first Manure Decree put forward very general fertilizer application norms. It envisioned transporting manure surpluses from surplus areas to areas with a manure deficit. Moreover, the Decree set an obligation to declare manure for all producers, users and importers of manure and administered charges on surpluses. After evaluation in 1995, it dawned this approach was not sufficient. The Manure Decree was amended and MAP 1 (Manure Action Plan 1) entered into force on 1 January 1996.
  
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  MAP 1 reasoned from 3 principles. Firstly, an area-targeted approach seeing the manure problem in Flanders didn’t have the same degree of urgency everywhere. Secondly, the ‘standstill-principle’ was set, aiming to freeze the manure production on Flemish level at the 1992 level. Thirdly, the MAP foresaw positive discrimination for family-run livestock companies.
  
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  A new evaluation in 1998 however showed that no significant quality improvement of the ground and surface water could be observed. A second amendment of the Manure Decree followed. MAP 2 was approved on 11 May 1999. The execution of this action plan was however suspended.
  
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  In 2000, a number of additional amendments were added to which MAP 2-bis retroactively entered into force on 1 January 2000. It was made up of 3 pillars (three-track policy):
  
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    approaching the problem from the source via new feeding techniques and nutrient-poor feeds (should eliminate 25% of the manure surpluses);
    
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    a judicious fertilization by keeping a soil balance via testing for nitrate-phosphate residues after the cropping period (should eliminate 25% of the manure surpluses); and
    
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    manure processing (should eliminate 50% of the manure surpluses in such a way that the problem is not transferred to air or water)
    
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  On 3 December 2003, additional amendments to the Manure Decree were approved in the Flemish parliament. These modifications mostly were related to the abolition of long-distance transport, the manure processing obligation, the possibility of substitution, the postponement of the super levy, the separation of a manure processing obliged company and the possibility for certification of manure processing installations.
  
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  The European Court of Justice, on 22 September 2005, ruled that the Flemish region, in 1999, did not indicate (potentially) polluted water bodies and sufficient vulnerable zones. This verdict lead to the development of a completely new manure decree.
  
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  MAP 3: This new manure decree was approved by the Flemish parliament on 21 December 2006 and went into force on 1 January 2007.
  
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  In 2010 the Flemish manure policy was re-evaluated by Europe. It was judged that the efforts made were insufficient, especially regarding phosphates, and it was demanded that in the new action programme, MAP 4, efforts, efforts would be increased and the fertilizer norms sharpened, especially for phosphates.
  
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  The amendments to the Manure Decree were approved on 6 May 2011 by the Flemish Parliament and retroactively (1 January 2011) entered into force.
  

In order to limit the manure surplus, an increase in number of animals must be avoided, without limiting the grow chances of the companies. Therefore, nutrient emission rights (NERs) were created. These are individual and tradable rights which, based on manure production, indicate how many animals can be kept in one company. NERs are allocated to a ‘farmer’, i.e., one of more operators, who each own one or more operations, and where no autonomous management of the different members is found. Every farmer has the responsibility to manage the nutrients in his company in an appropriate way, ensuring he doesn’t produce more manure in a certain year than he is allowed to produce according to his NERs.

There are several different types of NERs. These depend on the type of animal (cattle, pigs, poultry and other animals), free, fixed and obligatory rights, where free rights mean you can keep for instance any cattle breed, fixed rights mean you can only keep a certain breed of cattle and obligatory rights mean 25% of these rights need to be processed by processing manure produced in the company. Finally, there are specific NERs which allow farmers to process manure from their own company and which allow them to only keep one type of animal.

Spreading of manure

Two types of plots are distinguished: non-derogation and derogation plots.

The manure spreading regulation on non-derogation plots is the following:

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  On heavy clay soils it is allowed to (i) apply manure, litter and champost from 16 February until 14 October, (ii) apply other fertilizers from 16 February until 31 August
  
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  Plots of permanent pasture in heavy clay soil can only be fertilized until 31 August (regardless of fertilizer type) with the exception of grazing
  
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  On all other plots it is allowed to (i) apply manure and other types of fertilizer from 16 February until 31 August, and (ii) apply litter and champost from 16 January until 14 November.
  

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  It is allowed to apply manure (only derogation manure) and other fertilizers from 16 February until 31 August.
  
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  On derogation plots, at least 2/3 of the derogation manure must be applied before 31 May, with the exception of direct fertilization by grazing.
  
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  Other conditions regarding crops, fertilizer types, fertilization, etc. can be found under following link: http://www.vlm.be/landtuinbouwers/mestbank/derogatie.
  

Moreover, for crop production fields, extra conditions apply on derogation as well as non-derogation as far as the application of liquid manure, mineral or other fertilizer after the harvest of a main crop is concerned.

Finally, steep slopes with a gradient higher than or equal to 15% cannot be fertilized. Grazing is of course possible.


Manure transport

According to the Fertilizer Decree, transportation to and from manure processing installations must be executed by licensed manure carriers. To market the final product, in certain cases licensed consigners can be used.

As from January 2013 a neighbour arrangement from and to manure processing installations can be applied under certain circumstances. These are: (i) manure produced on an exploitation in a certain municipality to a processing unit in the same or bordering municipality, and (ii) effluent produced at a processing unit in a certain municipality to an exploitation located in the same or bordering municipality. Additional conditions are that (i) every transport of manure to a processing unit must be weighed at arrival, (ii) every transport of effluent to an exploitation must be weighed at departure, (iii) transport needs to be executed by the provider or buyer by means of a pulling vehicle that he/she owns, (iv) each transport that is executed in the framework of a neighbour arrangement needs to be declared to the Mestbank at the latest 24 hours preceding the transport by the provider or buyer.

Manure disposal right (mestafzetrecht)

Manure disposal rights control the use of manure on agricultural land and are the economic equivalent of the fertilization norms (Van der Straeten, 2012, VILT).

The third track of the MAP, manure processing, is briefly explained below. A detailed explanation of processing systems are given in section 1.2.2.

First of all, there is a difference between manure processing (mestVERwerking) and manure manipulation (mestBEwerking). The main difference between the two terms is that after manure manipulation the nutrients end up on Flemish agricultural soil, while after manure processing the nutrients do not end up on Flemish soil.

Manure processing entails the following:

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  Export of poultry of horse manure
  
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  Export of other animal manure than poultry or horse manure, based on an explicit and preceding permission from the relevant authority in the country or region of destination
  
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  Handling of manure or another type of fertilizer, after which nitrate and phosphor present in that manure or fertilizer, undergo one of the following treatments:
  
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    Nitrogen is not applied on agricultural land in the Flemish region, except in gardens, parks and plantations
    
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    Nitrogen is converted to nitrogen gas
    
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    Nitrogen is converted to fertilizer
    

In the new manure decree (MAP 4) the manure processing obligation is not calculated anymore on the basis of P₂O₅. The manure processing obligation of a business group in a certain calendar year is 0.60% per complete slice of 1000 kg net N-surplus of that calendar year, multiplied by following percentages in function of the municipal production pressure of manure (kg N/ha) (of the municipality or municipalities where the complete business group or parts of that business group are located):

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  < 170 kg N/ha: 10%
  
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  170-340 kg N/ha: 20%
  
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  > 340 kg N/ha: 30%
  

Since 1996 manure processing and export in Flanders has grown to 34 million kg N and 8.3 million kg P in 2010. These numbers indicate that manure processing effectively contributes to reducing the manure surplus (see Figure , VLM, Mestbank).

The decline in processing and export in 2002 is mainly due to the disappearance of disposal possibilities in Wallonia. Since 2003, data contains nitrogen processing and manure export to France via French transporters. The increase since 2003 is a consequence of the ever increasing number of manure processing installations.Proportionally more phosphor has been processed and exported than nitrogen. This is due to the fact that the proportion of poultry manure is larger than pig manure and that the former has a higher phosphor content than the latter. Additionally, the export of unprocessed manure primarily exists of poultry manure.

Since 2007, there is no more manure surplus in Flanders (manure surplus in this case means that not all manure can be processed or exported). However, this doesn’t mean that all environmental norms are respected (see section 2.2.3 and Figure ), there is still strong need for expansion of manure processing.

Figure provides an overview of the evolution of the processing and export of N and P. The decline in processing and export in 2002 is mainly due to the disappearance of disposal possibilities in Wallonia. Since 2003, data contains nitrogen processing and manure export to France via French transporters. The increase since 2003 is a consequence of the ever increasing number of manure processing installations.

Figure : Overview of processed and exported N and P over time (Source: VLM, Mestbank)

For Wallonia, according to the PGDA, when a farm has a soil linkage rate higher than one, a solution consists of exporting manure through spreading contracts. All transfers of manure from one farm to another or to an individual should be reported to the Administration through a valorisation contract. It is accompanied by signaletic data completed during transfer. This signaletic data has to be in the vehicle during the manure transfer. All these signaletic data have to be sent to the Ministry of the Walloon Region before the 30th April of every year.

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