whether surface freshwaters, in particular those used or intended for the abstraction of drinking water, contain or could contain, if action pursuant to Article 5 is not taken, more than the concentration of nitrates laid down in accordance with Directive 75/440/EEC;

whether groundwaters contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if action pursuant to Article 5 is not taken;

whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become euthropic if action pursuant to Article 5 is not taken.

the pyhsical and environmental characteristics of the waters and land;

the current understanding of the behaviour of nitrogen compounds in the environment (water and soil);

the current understanding of the impact of the action taken pursuant to Article 5.

periods when the land application of fertilizer is inappropriate;

the land application of fertilizer to steeply sloping ground;

the land application of fertilizer to water-saturated, flooded, frozen or snow-covered ground;

the conditions for land application of fertilizer near water courses;

the capacity and construction of storage vessels for livestock manures, including measures to prevent water pollution by run-off and seepage into the groundwater and surface water of liquids containing livestock manures and effluents from stored plant materials such as silage;

procedures for the land application, including rate and uniformity of spreading, of both chemical fertilizer and livestock manure, that will maintain nutrient losses to water at an acceptable level.

land use management, including the use of crop rotation systems and the proportion of the land area devoted to permanent crops relative to annual tillage crops;

the maintenance of a minimum quantity of vegetation cover during (rainy) periods that will take up the nitrogen from the soil that could otherwise cause nitrate pollution of water;

the establishment of fertilizer plans on a farm-by-farm basis and the keeping of records on fertilizer use;

the prevention of water pollution from run-off and the downward water movement beyond the reach of crop roots in irrigation systems.

periods when the land application of certain types of fertilizer is prohibited;

the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the vulnerable zone is prohibited, except where it can be demonstrated to the competent authority that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment;

limitation of the land application of fertilizers, consistent with good agricultural practice and taking into account the characteristics of the vulnerable zone concerned, in particular:

and to be based on a balance between:

for the first four year action programme Member States may allow an amount of manure containing up to 210 kg N;

during and after the first four-year action programme, Member States may fix different amounts from those referred to above. These amounts must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 and must be justified on the basis of objectives criteria, for example:

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If a Member State allows a different amount under point (b) of the second subparagraph, it shall inform the Commission, which shall examine the justification in accordance with the regulatory procedure referred to in Article 9(2).;

Member States may authorise, above the amount of 170 kg nitrogen per hectare per year as set out in this subparagraph and up to a separate additional limit of 80 kg nitrogen per hectare per year, the use of certain fertilising materials from livestock manure that have undergone processing, provided all the following conditions are met:

waters identified in accordance with Article 3 (1) and Annex I indicating for each water which of the criteria in Annex I was used for the purpose of identification;

the location of the designed vulnerable zones, distinguishing between existing zones and zones designated since the previous report.

the measures required by Article 5 (4) (a) and (b);

the information required by Annex III (4);

any additional measures or reinforced actions taken pursuant to Article 5 (5);

a summary of the results of the monitoring programmes implemented pursuant to Article 5 (6);

the assumptions made by the Member States about the likely timescale within which the waters identified in accordance with Article 3 (1) are expected to respond to the measure in the action programme, along with an indication of the level of uncertainty incorporated in these assumptions.