Implementation of the Nitrates Directive, state of play June 2007
Progress in implementation of the nitrates directive is continuing with improving of monitoring (both of water quality and action programme effectiveness), enlargement of the area designated as vulnerable and revision of action programmes.
The third Commission report on implementation of the nitrates directive in the period 2000-2003, recently published, (COM(2007) 120 final,provided an overview regarding water quality and highlighted the achievements and gaps for EU 15 Member States.
With regard to water quality, on groundwater, although the overall trend was stable or improving in 64% of sites, nevertheless an increase in nitrate pollution was observed in 36% of sites and 17% of sites showed nitrate concentration above 50 mg per litre. In surface waters stable or decreasing nitrate concentrations were observed in 86% of monitoring sites, confirming trends already seen in several Member States in the previous report. However, it was highlighted that further data would be needed to assess the influence of climatic conditions and urban wastewater treatment improvement on this development.
Regarding vulnerable zones, their area increased from 35,5% of EU 15 territory in 1999 up to the 44% in 2003, with further designations thereafter. However, based on review of available information on nitrogen pressure and water quality, it was indicated that there are still gaps in designation which need to be filled.As far as action programme are concerned, several areas of non conformity existed, including, for instance non compliance with the standard of 170 kg per hectare per year for nitrogen from livestock manure, insufficient provisions on manure storage, on closed periods for fertiliser application and on total fertilisation levels. Therefore, it was concluded that quality and completeness of the measures shall be improved, including adoption of reinforced actions which might be necessary to meet the directive objectives.
Since 2003 designation of nitrates vulnerable zones increased, with new designations in Belgium (the whole territory of Flanders and half of Wallonia), Italy (new designations in 19 regions), Portugal, Spain and United Kingdom (the whole territory of Northern Ireland). In EU 10, three Member States (Malta, Slovenia and Lithuania) took a “whole territory approach” and therefore decided not to designate specific nitrate vulnerable zones, but to implement an action programme on the whole territory. Seven Member States designated as nitrate vulnerable zones a percentage of the territory ranging from 2,5% (Poland) to 48% (Hungary). At present the area of designated vulnerable zones at EU 25[1] level is estimated in approximately 42% of the territory.
Regarding action programmes progress has been significant in the recent years, with improvement of the quality of the measures. Some examples of recent progress in action programmes of EU 15 Member States are provided in the Annex. Detailed technical exchanges are ongoing with EU 10, which are currently in the process of review and revise vulnerable zone designations and action programmes.
The fulfilment of the obligations regarding designation and action programmes allowed the Commission to consider the requestsfor derogation from the limit of 170 kg/hectare per year nitrogen from livestock manure submitted by some Member States. Derogations are temporary, with maximum four year validity,being linked to the action programmes. In its appreciation of a MemberState request for derogation, the Commission analyses the environmental conditions and water quality data and assesses in detail the scientific justifications proposed to verify whether the derogation will still allow the achievement of the objectives of the directive and other environmental legislation and it is justified by objective criteria.Derogation has been granted up to now toDenmark[2], The Netherlands[3],Austria[4] and Germany[5]. A positive vote in the nitrates Committee has been expressed on the Commission proposals regarding Belgium (Wallonia) and Ireland. Other requests current under scrutiny relate to UK(Northern Ireland) and Belgium (Flanders).
While the overall analysis is that good progress has been achieved, however, it should be stressed that considerable further work is still required, as indicated by seven infringement proceedings currently opened against Member States for insufficiencies in the measures implementing the nitrates directive.
ANNEX 1, Nitrates Directive update June 2007
Examples of recent progress in action programme revisions since 2003
Denmark introduced a limit of 140 kg N/ha from poultry manure in 2004 and further increased requirements on manure nitrogen efficiency.
The Netherlands in 2005 approved its third revised action programme and related implementing regulations. The programme introduced, for instance, the limit of 170 kg/ha N from livestock manure, minimum requirements on manure nitrogen efficiency, total nitrogen limits, manure and total phosphorus application standards for each crop and limitations for fertilisation on sandy and loessial soils. A generalized obligation for storage capacity of six months has been established and the scope of the rules on periods during which application of fertilisers is prohibited has been widened.
Austria increased minimum manure storage capacity from four to six months and strengthened manure excretion standards. The third Austrian action programme contains limit for total nitrogen application for both grass and arable land.
Ireland approved in 2006 its first action programme which established a coherent set of legally binding obligations for farmers relating to fertilisation practices including improving manure efficiency, manure excretion values, storage capacity for all manure types, prohibition periods for manure and chemical fertiliser application and minimum distances from water courses for the application of fertilisers. Moreover, the Irish action programme sets out the limit of 170 kg N per hectare for the application of livestock manure and limits both nitrogen and phosphate application.
Germany revised its Fertiliser Ordinance in 2006, ensuring compliance with the limit of 170 kg/ha nitrogen from livestock manure and including detailed binding provisions, for instance, on nitrogen balance in fertilisation, on application of fertiliser on slopes and near water bodies andlegally binding values for nitrogen in manure and nitrogen losses. Moreover a minimum storage capacity of six months was established.
Belgium (both Flanders and Wallonia) in addition to the NVZ designation revision have revised their action programmes, entered into force early 2007, including all the measures listed in Annex III and II of the nitrates Directive, for instance manure nitrogen and total nitrogen limits, compliance with the limit of 170 kg nitrogen per hectare from livestock manure, minimum storage capacity of six month, increased eventually to 9 months in the Flemish action programme and an evaluation system based also on soil sampling and mineral nitrogen analysis after cropping .
All the recently revised action programmes contain obligations for farmers regarding record keeping, sanctions for non-compliance and obligation of control on the competent authorities.
New action programmes have also been recently established in specific Regions in Italy, Spain and Portugal.
[1] We are currently updating the database with geographical information regarding NVZ designation in Bulgaria and Rumenia
[2]Commission Decision 2002/915/EC, OJ L319, 23.11.2002, and Commission Decision
2005/294/EC of 5 April 2005, OJ L 94, 13.04.2005, p. 34
[3]Commission Decision 2005/880/EC of 8 December 2005 OJ L324, 10.12.2005, p. 89
[4]Commission Decision 2006/189/EC of 28 February 2006 OJ L66, 8.03.2006, p. 44.
[5]Commission Decision 2006/1013/EC of 28 December 2006 OJ L382, 28.12.2006, p. 1.