Nitrates Directive Implementation Status in Europe

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1 Nitrogen management in compliance with the Nitrates Directive International Conference Reggio Emilia September 2007 Nitrates Directive Implementation Status in Europe Jeroen Casaer European Commission DG Environment Unit Agriculture, Forests and Soil

2 Content Key aspects of the Nitrates Directive Focus on findings report on implementation of the Nitrates Directive ( ) Nitrogen loads and N surpluses Water monitoring and results Designation of Nitrate Vulnerable zones Action programmes Conclusions

3 The Nitrates Directive Objectives Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. Aim of the directive: Reducing water pollution caused or induced by nitrates from agricultural sources. Preventing further such pollution.

4 The Nitrates Directive Obligations for Member States (1) Water monitoring Identification of polluted waters, identification of waters which could be affected by pollution if measures are not taken. Nitrates Vulnerable Zones (NVZs) designation, revision every four years. Designation of NVZs not required if an action programme is implemented on the whole territory.

5 The Nitrates Directive Obligations for Member States (2) Establish a code or codes of good agricultural practice, to be implemented by farmers on a voluntary basis. Design and implement action programmes in nitrate vulnerable zones. Assess effectiveness of action programmes. Report on the implementation to the Commission.

6 The Nitrates Directive Implementation calendar Commission Synthesis reports Adoption of Directive 12/12/ Revision NVZs Revision NVZs Art. 10 Member States Reports Revision NVZs 1st Action Programme 3rd Action Programme Transposition Designation of vulnerable zones (NVZs) Elaboration Action Programme Code of good practices 1993 Years: nd Action Programme kg N 170 kg N etc Water Monitoring

7 The Nitrates Directive Commitments of the new Member States In advance of accession Establish a complete monitoring system (surface and ground waters). Detect and designate waters affected by pollution. Designate the Nitrates Vulnerable Zones (at least one year before accession). By accession Establish a Code of Good Agricultural Practices. Establish action programmes.

8 Nitrates Directive Implementation status Commission Report on implementation of the Nitrates Directive for the period COM(2007)120 final SEC(2007)339 Annexes Covers the period in EU15 Also contains some recent developments, including situation in new Member States Can be downloaded on:

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10 Total N

11 N surplus, regional level

12 Commission implementation report : main findings Monitoring network Number of sampling points substantially increased since Approximately monitoring sites (both for GW and SW) Common sites now allow trend estimate However Uneven distribution Surface waters Groundwater in some MS with territorial NVZ designation

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15 Groundwater nitrate concentration

16 Groundwater trend in nitrates concentration

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19 Nitrates concentration in fresh surface water

20 Surface waters trends in nitrate concentration

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22 Designation of Nitrates Vulnerable Zones Two possible approaches: Designation of specific zones No designation of specific zones and implementation of the action programme on the whole territory.

23 Criteria for identification of polluted waters (Annex I) Nitrate concentration equal or higher than 50 mg/l in groundwaters and surface waters Upward trends so that 50 mg/l nitrate concentration could be reached if actions are not taken. Eutrophication of freshwaters, estuaries and coastal waters. Trend towards eutrophication if actions are not taken.

24 Implementation in EU Nitrate Vulnerable Zones July 2007 Whole territory: 60 Austria 50 Denmark 40 Finland 30 Germany 20 Ireland 10 l P o an d r R tug om al a Es nia to C nia yp ru s4 It G aly re ec La e tv i Sp a Sl ov Sw ain a C k R ed e ze e n ch pu Re bli pu c bl ic U Fr K an H ce un g Bu ary lg TO Be aria TA lgi L um EU Po % of territory designated % NVZ designation EU 27 Lithuania Luxembourg Malta Netherlands Slovenia

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26 The Nitrates Directive Action programmes Measures to be included in the Action Programmes: Annex III and Annex II of the Directive. Member States may establish different Action Programmes for different vulnerable zones or part of zones (art. 5.2) Member States shall identify additional and reinforced actions (art. 5.5) in Nitrate Vulnerable Zones if it appears objectives of the directive not achieved.

27 The Nitrate Directive Action Programmes Measures to be included in the action programme Annex III Closed periods Minimum requirements for manure storage Limitation of land application taking into account: Soil conditions Climatic conditions Land use crop rotation systems Balanced fertilisation based on crop needs, N in soil, N net mineralisation, N additions from fertilisation (both organic as mineral) Maximum application standard of 170Kg N/ha from livestock manure. Involves correct N excretion figures + estimates of gaseous N-losses from stable/storage.

28 The Nitrate Directive Action programmes Measures to be included in the Action Programmes Annex II (CGAP) A: Compulsory to be included: Closed periods Land application on water-saturated, flooded, frozen or snow-covered ground Distance rules towards water courses Minimum requirements for capacity and construction of storage facilities Procedures for land application guaranteeing uniformity of spreading B: Voluntary to be included Land use management Soil cover crop during winter period Establishment of fertiliser plans Management of irrigation systems

29 Action programmes Manure storage capacity Result of the study carried on by the Commission Climatic zone Suggested minimum storage capacity Boreal 9-10 months Atlantic 6-8 months Central European Alpine Plains and valleys 7-8 months 6-7 months Mediterranean area 4-5 months

30 Action programmes Current situation More than 110 action programmes in EU15 (regional/district/nvz level, e.g. in Italy, France, Spain, Portugal, Greece, UK, etc) About 30 action programmes in EU10+2 Progress in quality but still occasional gaps, for instance Compliance with 170 kg N/ha year manure N limit Storage capacity Limitation of total N application Insufficient length of closed periods or limited applicability (e.g. to specific fertilisers or soil types) Insufficient restrictions on application of fertilisers on steep slopes Insufficient measures on application of fertilisers near water courses Significant improvements in the measures of AP from 2003 onwards.

31 Action Programmes Derogation possibility on 170kg N/ha limit Conditions Only if action program in compliance with directive Based on objective criteria (e.g. Long growing seasons; crops with high nitrogen uptake; high net precipitation, ) Commission decision + vote needed in Committee Temporary + close follow up of environmental situation Compatible with implementation of other EU environmental legislation Phosphorus becomes an issue Why need? Areas with very intensive livestock practices Socio-economic reality

32 Derogation decisions Commission Decisions on derogation Denmark: 230 kg N/ha commission Decision 2005/294/EC of 5 April 2005 (OJ L 94, , p. 34) The Netherlands: 250 kg N/ha Commission Decision 2005/880/EC of 8 December 2005 (OJ L324, , p. 89) Austria: 230 kg N/ha Commission Decision 2006/189/EC of 28 February 2006 (OJ L66, , p.44) expired. Germany: 230 kg N/ha Commission Decision 2006/1013/EC of 22 December 2006 (OJ L 382, ) Positive opinions in the Nitrates Committee: Ireland Belgium (Wallonia) Requests: Belgium (Flandes) UK (Northern Ireland)

33 Conclusions concerning implementation (1) Improvement in reporting and monitoring in the 3rd reporting period. Still critical situation for groundwaters (36% sites with increasing trends) Surface water quality mainly improving or stable (but very high nitrate values in some regions)

34 Conclusions (2) NVZ designations improved, but further progress still required. Improvement of action programmes, but gaps still exist. Considerable further work still needed to achieve the full compliance and Directive objectives. Additionally EU15 Some reduction in N (-6%) and P (-15%) inorganic fertiliser consumption in ; Decline in cattle and sheep numbers: stability in pig numbers. Estimated 16.5 M t N applied to soil in 2003 of which 45% from manure. Changes in CAP (freedom to farm) underline the continuing importance of the directive in areas of intensification.

35 Going beyond nitrates (1) Links to other areas of policy/legislative importance/debate related to fertilizer use. Air quality + emissions legislation Aiming largely to reduce Ammonia emissions Encouraging results as to compatibility of nitrates measures. Water Framework Directive River basin management plans in preparation Central role for nitrates directive Integrated pollution prevention and control Contributing now on pigs and poultry Best available techniques; Directive currently subject to update.

36 Going beyond nitrates (2) Climate change Implementation of nitrates directive a positive contributor Draft Soil legislation Close link of ground cover and river bank protection with respect to erosion: Protection of organic matter beneficial to water protection Rural Development/state aids (CAP) Aids for storage construction benefits for manure mgt + quality of life Cross compliance (CAP) Nitrates directive included and control not a problem Agri-environment (CAP) Nitrates directive a key part of baseline requirements beyond which payment for environmental services can be given.

37 Thanks for your Attention