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Restriction of fertilization with animal slurry in the area of the housing estate

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  1. Startet 2021
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I would like to address the problem that some of the citizens of Slovenia have been facing for a long time. In the immediate vicinity of our living quarters there is agricultural land, which is often fertilized with animal slurry. It is being spread sometimes within several following days in a row. After the fertilization the fluid stays on the ground and the smell is revolting. It also causes the feeling of burning in the lungs and eyes. The existing condition significantly reduces the quality of the living. For people, who are being treated for lung disease, that kind of state is even more difficult to tolerate, if not impossible.

Given the fact that we live in the 21st century, it is crucial to adopt a decree on limiting emissions of stench which interferes with:

- our constitutional rights (Article 72 of the Constitution of the Republic of Slovenia which declares that everyone is entitled to healthy living environment),

- Article 1, 5, 25 of the Universal Declaration of Human Rights (and the general human dignity in the Preamble),

- Article 2., 3., 5. and 8. of European Convention of Human Rights and

- Article no. 1 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.

It is necessary not only to reduce the input of toxic substances and pathogenic microorganisms into soil surfaces (measures to reduce and prevent water pollution), but also to prevent the evaporation of toxic gases and consequent air pollution with pathogenic substances.  The current regulation in this area is a total violation on the constitutional right to a healthy environment. I suggest the restriction of fertilization with animal slurry in the area of the housing estate or at least mandatory introduction of slurry decomposition preparations which will reduce the odour when pouring on the ground.

Decree on the protection of waters against pollution caused by nitrates from agricultural sources -also known as "the Nitrates Decree", Official Gazette of the Republic of Slovenia, Nos. 113/09, 5/13, 22/15 and 12/17, which is in accordance with By Council Directive 91/676 / EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, Article 1 of the Nitrates Regulation provides for a general prohibition of inland fertilization for all agricultural holdings, namely: liquid organic fertilizers from 15 November to 1 March, for manure, compost, digestate from 1 December to 15 February, mineral fertilizers are prohibited from being applied to agricultural land from 15 October to 15 February (except 40 kg N / ha). In addition, the time of fertilization in these prescribed terms is further limited according to the crop to be fertilized. Fertilization is also prohibited on flooded, snowy, frozen, or water-saturated soils.

Members of the community have addressed multiple complaints concerning the pouring of enormous amounts of manure in the area which is located in the middle of residential houses. As mentioned before, it is not possible to ventilate the apartment, dry clothes, stay on the balcony or terrace or to recreate in nature. The municipality cannot interfere with the national regulations and therefore does not have the discretion to adopt a decree in connection with the subject matter. Forward to this the concerning matter needs to be regulated on the state level, directed by the European regulation.

REGULATION (EU) 2019/1009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 instructs that where fertilizers which are derived from animal by-products present a risk to public or public health animals, it should be possible to apply protection measures in accordance with EC Regulation 178/2002, the same as for other categories of products derived from animal by-products.

I would like to build this petition on the base of the Regulation, mentioned above. The pouring of the manure in the area of housing estate should be forbidden or at least limited by the legislation which would command the introduction of activities, not only to reduce the input of toxic substances and pathogenic microorganisms into soil surfaces (measures to reduce and prevent water pollution), but also to prevent evaporation of toxic gases and air pollution with pathogenic substances. The current regulation in this area namely grossly interferes with the constitutional right to a healthy environment.

 

 

 

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This petition is important to ensure a healthy environment and the respect of the basic human rights, mentioned above.

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