Nitrates Directive Amendment

Introduction

The Council Directive 91/676/EEC, commonly known as the Nitrates Directive, is a cornerstone of European Union water protection policy. First adopted in 1991, its primary objective is to safeguard EU waters against pollution caused by nitrates from agricultural sources. This pollution, primarily from fertilizers and livestock manure, can lead to eutrophication—the over-enrichment of water with nutrients, causing excessive growth of algae, which depletes oxygen and harms aquatic ecosystems. The directive is an integral part of the EU's broader water policy, working in conjunction with the Water Framework Directive (2000/60/EC).

Main Goal

The directive has a dual objective as stated in Article 1:

• To reduce water pollution caused or induced by nitrates from agricultural sources.
• To prevent further such pollution.

Who It Applies To

The directive is addressed to EU Member States, which are responsible for its transposition into national law. The obligations and measures established by Member States under this directive apply directly to farmers and agricultural holdings. The specific requirements are mandatory for farmers located in areas designated as Nitrate Vulnerable Zones (NVZs). Member States also have the option to apply the directive's action programmes across their entire territory, in which case the rules apply to all farmers nationwide.

Key Dates

The directive established a phased implementation timeline for Member States following its notification on 19 December 1991:

• By 19 December 1993: Member States were required to identify polluted waters and designate Nitrate Vulnerable Zones (NVZs).
• By 19 December 1995: Action programmes for all designated NVZs had to be established.
• By 19 December 1999: These action programmes had to be fully implemented.
• Every 4 years: Member States are required to review and, if necessary, revise the designation of NVZs and their action programmes. They must also report to the Commission on the directive's implementation.

Exemptions

Member States are exempt from the obligation to identify and designate specific vulnerable zones if they choose to establish and apply the mandatory action programmes across their entire national territory (Article 3.5).

Key Provisions

• Identification of Polluted Waters: Member States must identify surface freshwaters and groundwaters that are, or could become, polluted with nitrates. The criteria include waters exceeding (or likely to exceed) a nitrate concentration of 50 mg/l and water bodies that are eutrophic.
• Designation of Nitrate Vulnerable Zones (NVZs): All known land areas that drain into the identified polluted waters and contribute to the pollution must be designated as NVZs.
• Codes of Good Agricultural Practice: Member States must establish codes of good agricultural practice to be implemented by farmers on a voluntary basis across the whole territory.
• Action Programmes: Mandatory action programmes must be established for all NVZs. These programmes include specific measures to control nitrate pollution.
• Monitoring: Member States must implement monitoring programmes for both water quality and the effectiveness of the action programmes.
• Reporting: Every four years, Member States must submit a report to the Commission on the implementation of the directive.

Obligations & Requirements

For Member States:

• Monitor nitrate concentrations in freshwaters and the eutrophic state of water bodies.
• Designate NVZs and review them at least every four years.
• Establish and promote codes of good agricultural practice.
• Develop, implement, and review mandatory action programmes for NVZs.

For Farmers in NVZs:

• Comply with the measures in the national action programmes, which include:
  • Closed periods when applying certain types of fertilizer is prohibited.
  • Minimum storage capacity requirements for livestock manure.
  • Limits on the application of fertilizers based on crop needs, soil conditions, and climate.
  • A limit on the amount of livestock manure applied to land each year, not to exceed the amount containing 170 kg of nitrogen per hectare.

Affected Products/Actors/Processes

• Actors: EU Member States, national environmental and agricultural authorities, and farmers.
• Processes: Agricultural practices, particularly fertilization (both chemical and organic), manure management and storage, land use management, and crop rotation.
• Products: Nitrogen-based fertilizers and livestock manure.

Penalties

The Nitrates Directive does not specify penalties itself. Instead, it requires Member States to adopt the necessary national laws and administrative provisions to ensure compliance. Penalties for non-compliance by farmers are therefore defined and enforced at the national level by each Member State's competent authorities.