Implementation

of EU Nitrates Directive 91/676/EC

Approaches in place and experiences made
Belgrade October 4-6, 2010

Karl Schwaiger
Ministry of Agriculture and Forestry, Environment and Water Management
Vienna -AUSTRIA

Seite 1 11.10.2010
Basis for Presentation

• Experiences with EU Nitrates Directive 91/676/EC

• 3rd Implementation Report of European Commission for

period 2004-2007 COM (2007) 120 final + staff docus

• 4th Implementation Report of European Commission for

period 2004-2007 COM (2010) 47 + staff docus

• WISE (Water Information System Europe):

http://ec.europa.eu/environment/water/water-nitrates/index_en.html

Belgrade, October 4-6, 2010 “Implementation of EU -Nitrates Directive” K. Schwaiger 2

Structure of presentation

• Steps + core elements of EU Nitrates Directive

• Approaches in place

• Experiences made

• Recent Developments / open issues

Belgrade, October 4-6, 2010 “Implementation of EU -Nitrates Directive” K. Schwaiger 3

EU Nitrates Directive

Published: December 1991

Objective of Directive (Article 1):

–„reduce water pollution caused or induced by nitrates from
agricultural sources and

–prevent further such pollution“

Main challenge:
Directive addresses competences traditionally allocated to
both sectors, agriculture as well as to environment

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 Steps + core elements of Directive

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Steps + core elements of Directive

1.) Identification of polluted or threatened waters (N):

– groundwater containing or that could contain more than 50 mg/l of
nitrates
– surface freshwaters, in particular those used or intended for the
abstraction of drinking water, containing or that could contain a
concentration of more than 50 mg/l of nitrates

– freshwater bodies, estuaries, coastal waters and marine waters,

found to be eutrophic or that could become eutrophic

2.) Designation of "vulnerable zones" (NVZ)s (not required, if

an action plan is implemented in entire country

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Steps + core elements of Directive

3.) Establishment of Codes of Good Agricultural Practice

(binding only inside NVZ, outside only voluntary!)

4.) Establishment of Action Programs with measures:

– Manure should only be spread when crops need nutrients; prohibition
periods have to be set , when fertilizers must not be applied on land.

– requirement for a minimum storage capacity for livestock manure;

– measures limiting the conditions for fertilizer application (near

water courses, steep slopes, frozen + snow covered ground,…);

5.) National monitoring and reporting to EC every 4 years:

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 Implementation -
2 Approaches in place

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Implementation- Approaches in place

2 policy options in place based on article 3

1. Designation of specific 2. Apply action programme on

nitrate vulnerable zones (NVZ)
based on
• groundwater, surface
water > 50 mg/ l NO3 or
• receiving waters to be
become eutrophic
the whole territory.
Used by 10 countries:
this option does not imply
that the entire territory is a
vulnerable zone or meets
those criteria!

Belgrade, October 4-6, 2010 “Implementation of EU -Nitrates Directive” K. Schwaiger 9

Belgrade, October 4-6, 2010 “Implementation of EU -Nitrates Directive” K. Schwaiger 10
 Source: 4th
implementation report

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Implementation- Approaches in place

Directive, respectively Action Program contain some

costly provisions for farmers:
1. storage capacity (> 6 months) to cover appropriately periods,
when spreading of manure is not allowed => new investments
(e.g. Ireland invested in last 4 years 2 billion euros!)

2. Limitation of manure application to 170 Kg N/ ha (=> alternative

disposal of manure produces extra costs)

– Others (buffer strips, spreading techniques…)

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Implementation- Approaches in place

⇒ Most Member States opted for designation of

individual nitrate vulnerable areas (NVZ)
⇒ main criteria applied was groundwater > 50 mg/l
⇒ extent of NVZ was kept low in order to keep number of
farmers concerned low; (alternative was not used -to start with
all large farms on entire territory and to extend AP step by
step also to other farms)
⇒ European Commission had to enforce implementation
of Directive and proper designation of NVZ with the help of
legal infringement procedures

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Implementation - Approaches in place

Motivation of Member States applying 1 action programme on

their entire territory (not designating of individual NVZ):
– apart from domestic impacts also major (eutrophication) problems of
recieving waters (e.g. North Sea, Baltic Sea)

– avoidance of competition amongst farmers on domestic market

(all farmers in NVZ have to take costly measures, their neighbours
outside NVZ do not…);

– easier to enforce and to control; difficulties avoided (e.g.delineate

NVZ), less difficulties with EC

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 Experiences made
Infringement procedures

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 Experiences made

Directive addresses competences traditionally allocated to

both sectors, agriculture as well as to environment
Colliding interests are one of main reasons for high number
of legal infringement procedures,

number of infringement procedures map with NVZ

Infringement procedures bind considerable resources of MS

=> waste of resources looking at results? Provisions on
fines tighened!

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Experiences made: Compliance with Directive - June 2007

Source: COM (2007) 120 final, Third Implementation Report

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Experiences made „old MS“ – Infringement Procedures

March 1999 June 2001 June 2007

Water Monitoring 6 9 3

=> Designation of NVZ

7 6 6
(out of 9 MS!!! )*
Codes of Good
11 2 2
Practice

=> Action Programs* 11 12 6

Reporting - 5 2

Source: COM (2007) 120 final, Third Implementation Report

* Situation much better “Implementation
2010 but still
Belgrade, October 4-6, 2010
some cases in 2010!
of EU -Nitrates Directive” K. Schwaiger 18
Experiences made: Designation of NVZs

Total area 1999 2003 2006

Member state
[1.000 km2] Share in % Share in % Share in %
Belgium 30 1,8 7,2 7.2
France 544 36,4 44,1 44,1
Greece 132 -- 14,0 14,0
Italy 301 1,9 6,1 8,3
Portugal 92 0,2 0,3 1,2
Spain 506 5,1 6,1 8,3
Sweden 441 9,4 15,2 15,2
United Kingdom 244 2,4 32,8 38,4
Source: COM (2007) 120 final, Third Implementation Report

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 Source: 4th
implementation report

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Experiences made:

Share on NVZ as percentage of entire territory in 2009

80.0
Whole territory
70.0
approch:
60.0
•Austria
50.0 •Denmark
40.0 ? •Finland
30.0 •Germany
20.0 •Ireland
10.0 •Lithuania
0.0
•Luxembourg
•Malta
ia
Hu ia

Po ia
ia
Ki lic

Sl m

l
n
Un Re e

en

nd
us
m

Sw e

a
ly

ga
ar

ai
ec

ni
tv
ak

an
ar

do

Ita
iu

ub
an

la
pr
ed

Sp
ng

rtu
to
La
lg

lg

re

•Netherlands
ov

Po
ng

Cy
p
Fr

Es
Be

Bu

Ro
h

d
ec

ite

•Slovenia
Cz

Source: 4th implementation report

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 Recent Developments / open issues

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Recent Developments / open issues

Efforts of EU Nitrates Committee focus:

– providing derogations to MS from the limit of 170 Kg N/ha
– member states looking for derogations are countries with high live
stock densities (UK, Ireland, Belgium, The Netherlands, Denmark,
Germany, Italy…)
– improve electronic reporting via WISE

European Commission: will have closer look at

performance of new member states

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Recent Developments / open issues

Efforts of EU Water Framework Directive focus on

achieving good status for all waters
Recieving coastal waters and recieving seas are not in to
good status due to elevated concentrations of nutrients.
Main challenge is thus to reduce nutrient loads to seas.
Main share of nutrient loads to recieving seas are from
diffuse sources.
EU Nitrates Directive is the only piece of EU Water
Legislation which focuses explicitly on diffuse sources =>
More stringent actions needed within frame of Nitrates
Directive?

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Belgrade, October 4-6, 2010 “Implementation of EU -Nitrates Directive” K. Schwaiger 25
Recent Developments / open issues

Main criteria for designating individual NVZ is mainly

groundwater – eutrophication of coastal waters so far no issue
This may change in future as nutrient loads to recieving seas
have to be reduced further to meet good status
Will all land discharging to coastal waters / seas have to
be seen as vulnerable zones (in line with approach of ÉU
Urban Waste Water Directive)?
Would this be a cost effective measure? Where are more
benefits to be expected – to focus mainly on middle sized and
large farms of entire territory or to focus on all farms of a
limited NVZ?

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 Would entire catchment have to be seen
as NVZ due to impacted seas?

Close to be eutrophic?

Source: 4th
implementation
report

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Lessons learnt, conclusions

• Nitrates Directive has been proven to be difficult to

implement propoerly
• Implementation should be tailored to specific situation in
place rather than copying approches of other countries
• However, ample experience in place in Europe
• this experience (EC, MS) should be used – no need to
make own (bad) experiences with implementation

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 Nitrates Directive
implementation + experiences in MS

Thank you for your attention!

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