Fighting water pollution from agricultural nitrates

KEY POINTS

EU Member States must do the following.

• Designate as vulnerable zones all those draining into waters that are or could be affected by high nitrate levels and eutrophication¹. The designation is reviewed and possibly revised at least every 4 years to take account of any changes that have occurred.
• Establish mandatory action programmes for these areas, taking into account available scientific and technical data and overall environmental conditions.
• Monitor the effectiveness of the action programmes.
• Test the nitrate concentration in fresh ground and surface water at sampling stations, at least monthly and more frequently during flooding.
• Carry out a comprehensive monitoring programme and submit – every 4 years – a detailed report on the directive’s implementation. The report includes information on nitrate-vulnerable zones, results of water monitoring and a summary of the relevant aspects of codes of good agricultural practices and action programmes.
• Draw up a code of good agricultural practices, which farmers apply on a voluntary basis. It sets out various good practices, such as when fertiliser use is inappropriate.
• Provide training and information for farmers, where appropriate.

The European Commission provides a report every 4 years on the basis of the national information it has received. The latest report dates from 2021.

Derogations

The directive sets upper limits for the amount of nitrogen from manure that can be applied annually at 170 kg/ha. Where Member States so request, and provided that they can justify scientifically that this will not lead to higher pollution, the Commission can adopt implementing acts (decisions to allow exceptions known as derogations) that allow higher maximum limits of nitrogen from manure to be applied in specific areas and under particular conditions. These derogations do not exempt the Member States in question from the directive’s water quality objectives, nor from any other of its measures.

The following derogation decisions are currently in force:

• Implementing Decision (EU) 2022/696 granting a derogation requested by Ireland – valid 3 years, 31 December 2025;
• Implementing Decision (EU) 2020/1074 granting a derogation requested by Denmark – valid 4 years, until 31 July 2024;
• Implementing Decision (EU) 2019/1325 granting a derogation requested by the United Kingdom with regard to Northern Ireland – valid 4 years, until 31 December 2022;
• Implementing Decision (EU) 2019/1205 granting a derogation requested by Belgium with regard to the region of Flanders – valid 4 years, until 31 December 2022.