No C 54/4 Official Journal of the European Communities 3. 3. 89 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive concerning the protection of fresh, coastal and marine waters 
against pollution caused by nitrates from diffuse sources 
COM(88) 708 final 
(Submitted by the Commission on 5 January 1989) 
(89/C 54/04) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130S, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the fourth programme of action of the 
European Communities on the environment (') indicated 
that the Commission intended to make a proposal for a 
directive on the control and reduction of water pollution 
resulting from the spreading or discharge of livestock 
effluents and the excessive use of fertilizer; 
Whereas, Council Resolution 88/C 209/02 of 28 June 
1988 requests the Commission to submit this proposal as 
soon as possible; 
Whereas the programme also provides that the 
Commission should pay special attention to pollution 
which affects more than one Member State at once; 
Whereas there is a need for the benefit of Community 
agriculture for certain nitrogen containing fertilizers and 
manures to be used; 
Whereas the reform of the common agricultural policy 
set out in the Green Paper of the European Commission 
'Perspectives for the common agricultural policy' 
identifies excessive use of fertilizers as an environmental 
risk, the necessity for common action to control the 
problems arising from intensive livestock production and 
the need for agricultural policy to make more account of 
environmental policy; Whereas certain zones draining to waters vulnerable to 
pollution from nitrogen compounds require special 
protection; 
Whereas the essential objective of all provisions relating 
to land application of nitrogen compounds must be the 
protection of human health and the environment against 
harmful effects caused by the storage, and the distri­
bution to land, of nitrogen compounds, and by certain 
land management practices; 
Whereas the use of livestock manures and similar 
materials should be encouraged, consistently with the 
protection of the freshwaters of the Community, in order 
to conserve natural resources; 
Whereas the second programme of action of the 
European Communities on the environment (2) provides 
that the Commission will submit to the Council 
proposals relating to the reduction of nuisances arising 
from intensive stock-rearing and regarding limits on the 
spreading of wastes on cultivated land; 
Whereas it is necessary to specify reference methods of 
measurement for nitrogen compounds to ensure 
sufficient comparability of the measures and results; 
Whereas technical and scientific progress may make 
necessary the rapid adaptation of certain technical 
requirements, and in order to facilitate the introduction 
of the measures required for this purpose, a procedure 
should be laid down establishing close cooperation 
between Member States and the Commission; 
Whereas the Commission should report regularly on the 
implementation of this Directive by the Member States, 
O OJ No C 328, 7. 12. 1987, p. 1. (2) OJ No C 139, 13. 6. 1977, p. 1. 
3. 3. 89 Official Journal of the European Communities No C 54/5 
HAS ADOPTED THIS DIRECTIVE: Article 3 
Article 1 
This Directive applies to the application to land of 
nitrogen compounds, land management practices and the 
treatment of municipal sewage and has the objective of 
avoiding: 
(a) the concentration of nitrate in freshwaters, both 
surface and ground, reaching a level at which it 
could interfere with the legitimate uses of these 
waters; 
(b) the eutrophication of surface, estuarial, coastal and 
marine waters. 
Article 2 
For the purposes of this Directive: 
(a) 'groundwater' means all water which is below the 
surface of the ground in the saturation zone and in 
direct contact with the ground or subsoil; 
(b) freshwater' means naturally occurring water having a 
low concentration of salts, which is often acceptable 
as suitable for abstraction and treatment to produce 
drinking water; 
(c) 'nitrogen compound' means any nitrogen containing 
substance except for gaseous molecular nitrogen; 
(d) 'livestock'means all animals kept for use or profit; 
(e) 'fertilizer' means any substance containing a nitrogen 
compound or nitrogen compounds utilized on land 
to enhance growth of vegetation; it may include 
livestock manure (including the residues from fish 
farms) and sewage sludge; 
(f) 'chemical fertilizer' means any fertilizer which is 
specifically manufactured; 
(g) 'livestock manure' means natural waste products 
excreted by livestock or a mixture of litter and 
natural waste products excreted by livestock, 
whether the livestock is grazed on the land or raised 
in intensive livestock units or in fish farms; 
(h) 'land application' means the addition of materials to 
land whether by spreading on the surface of the 
land; injection into the land; placing below the 
surface of the land; or mixing with the surface layers 
of the land; or discharge into ditches or on-site 
watercourses; 
(i) 'eutrophication' means the enrichment of water by 
nutrients, the limiting factor being nitrogen, causing 
an accelerated growth of algae and higher forms of 
plant life to produce an undesirable disturbance to 
the balance of organisms and to the quality of the 
water concerned. 
(j) 'vulnerable zones' means zones designated by a 
Member State in accordance with article 3 (1). (1) Member States shall, within a two year period 
following the notification of this Directive, designate all 
zones vulnerable to water pollution from nitrogen 
compounds. These vulnerable zones are to be identified 
according to the criteria in Annex I. 
(2) When any waters flow into vulnerable zones in a 
Member State from another Member State, the first 
Member State shall notify the second Member State and 
also the Commission of the relevant facts within a two 
year period following the notification of this Directive. 
(3) In such cases the Member State of origin shall 
take action to designate the relevant area of land in its 
territory as vulnerable zones as provided for in 
paragraph 1 above and shall take action as provided in 
Article 4 of this Directive as if the waters on its territory 
were, as the case may be, in the conditions described in 
Annex I (i), (ii) or (iii). 
(4) Member States shall review and if necessary revise 
the designations as appropriate at least every three years 
to take into account changes and factors unforeseen at 
the time of the previous designation and shall notify the 
Commission of the details of any revision in the list of 
vulnerable zones. 
Article 4 
(1) With respect to the vulnerable zones and within a 
four year period following notification of this Directive 
or within one year after each further designation, 
Member States shall for the purposes of realising the 
objectives specified in Article 1: 
(a) take necessary measures to ensure that, for each 
farm or livestock unit, the amount of livestock 
manure applied to the soil will not exceed the 
amount produced by the number of animals fixed in 
Annex II. In vulnerable zones where special circum­
stances require a greater period of time for the 
achievement of these limits, the Commission may 
agree on a later deadline on receipt of an application 
by the Member States. 
(b) establish rules which should cover: 
(i) periods when the land application of livestock 
manure is prohibited; 
(ii) the land application of livestock manure to 
sloping ground; 
(iii) the land application of livestock manure to 
waterlogged, flooded and frozen or snow-
covered ground; 
(iv) the minimum distance to be left between water 
courses and the area onto which manure is 
applied; 
No C 54/6 Official Journal of the European Communities 3. 3. 89 
(v) the capacity of storage vessels for manure; this 
capacity must exceed that required for storage 
of manure throughout the longest period during 
which the land application of manure in the 
vulnerable zone is not allowed, 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 envi­
ronment. (6) For areas outside the vulnerable zones, Member 
States should consider incorporating in guidelines of 
good agricultural practice, the rules established under 
paragraphs 1(b) and 2(a) and (b), the livestock rates in 
Annex II and the measures outlined in Annex III. 
Article 5 
(1) Member States will monitor their waters in 
accordance with Annex IV. 
(vi) the construction of storage vessels including 
measures to prevent seepage of liquid into the 
ground and drainage by rainwater from 
buildings or surface water run-off, into the 
storage vessels. 
(2) In the same zones and within the same period and 
for the same purposes as in paragraph 1 above Member 
States shall; 
(a) establish maximum land application rates for 
chemical fertilizers based on: 
(i) the rate of uptake of nitrogen by the cultivated 
crops; 
(ii) the amount of nitrogen in the soil, including 
inter alia that supplied by the land application of 
manure; 
(b) establish rules which should cover: 
(i) periods when the land application of chemical 
fertilizer is prohibited; 
(ii) the land application of chemical fertilizer to 
waterlogged, flooded and frozen or snow-
covered ground; 
(iii) the minimum distance to be left between water­
courses and the area on which chemical 
fertilizer is applied; 
(3) In the same zones and within the same period as 
in paragraph 1 above, Member States will consider 
taking further measures including those outlined in 
Annex III, in order to fulfil the objectives in Article 1. 
(4) Member States shall ensure that municipal sewage, 
from a permanent population of 5 000 or greater, 
discharging directly or indirectly into areas designated as 
vulnerable zones under Article 3, Annex I (iii), shall be 
treated in such a way as to ensure that the total nitrogen 
content of the resulting effluent shall be 10 mg/1 or less. 
(5) Member States shall ensure that records are kept 
of the respective total quantities of nitrogen from 
artificial fertilizer and animal manures applied in the 
vulnerable zones per year, total area in hectares of the 
zones and numbers and types of livestock per hectare in 
the zones. (2) The reference methods of measurement set out in 
Annex IV to this Directive shall be used. 
Article 6 
The technical requirements contained in the Annexes to 
this Directive may be amended by the Commission in the 
light of scientific and technical progress. The procedure 
laid down in Article 8 shall be used to effect such 
amendment. 
Article 7 
(a) A Regulatory Committee, hereinafter called 'the 
Committee', is hereby set up to bring about the 
amendments provided for in Article 6; it shall be 
composed of the representatives of the Member 
States and chaired by the representative of the 
Commission. 
(b) The Committee shall equally assist the Commission 
on any matter which the Commission may submit to 
the Committee. The Committee acts in those circum­
stances in an advisory capacity and proceeds without 
voting. 
(c) The Committee shall adopt its own rules of 
procedure. 
Article 8 
(1) Where the procedure laid down in this Article is 
to be followed, the matter shall be referred to the 
Committee by its chairman, either on his own initiative 
or at the request of a representative of a Member State. 
(2) The representative of the Commission shall submit 
to the Committee a draft of the measures to be taken. 
The Committee shall deliver its opinion on the draft 
measures within a time limit which the chairman may lay 
down according to the urgency of the matter. The 
opinion shall be delivered by the majority laid down in 
Article 148 (2) of the Treaty in the case of decisions 
which the Council is required to adopt on a proposal 
from the Commission. The votes of the representatives of 
the Member States within the Committee shall be 
weighted in the manner set out in that Article. The 
chairman shall not vote. 
(3) (a) The Commission shall adopt the measures 
envisaged if they are in accordance with the 
opinion of the Committee. 
3. 3. 89 Official Journal of the European Communities No C 54/7 
(b) If the measures envisaged are not in accordance 
with the opinion of the Committee, or if no 
opinion is delivered, the Commission shall 
without delay, submit to the Council a proposal 
relating to the measures to be taken. The 
Council shall act by a qualified majority. 
(c) If, within three months of the proposal being 
submitted to it, the Council has not acted, the 
proposed measures shall be adopted by the 
Commission. 
Article 9 
Member States shall within four years of notification of 
this Directive and every four years thereafter submit a 
report to the Commission containing the information 
outlined in Annex V and any other relevant information 
required by the Commission at least six months before 
such a report becomes due. Article 10 
On the basis of the information received pursuant to 
Article 9 the Commission shall publish periodic reports at 
four yearly intervals. If it sees fit, the Commission shall 
submit proposals to the Council in the light of these 
reports. 
Article 11 
The Member States shall bring into force the laws, regu­
lations and administrative provisions necessary to comply 
with this Directive within two years of its notification. 
They shall forthwith inform the Commission thereof. 
Article 12 
This Directive is addressed to the Member States. 
ANNEX I 
Vulnerable zones are those areas of land which drain directly or indirectly into one or more of the 
following waters: 
(i) surface freshwaters intended for the abstraction of drinking water which could contain more than 50 
mg/1 nitrate if protective action is not taken; 
(ii) groundwaters intended for the abstraction of drinking water which contain more than 50 mg/1 nitrate 
or could contain more than 50 mg/1 nitrate if protective action is not taken; 
(iii) natural freshwater lakes, other natural freshwater bodies, estuaries, coastal waters and seas which are 
found to be eutrophic or which in a short time may become eutrophic if protective action is not taken. 
ANNEX II 
Maximum number of manure producing animals per hectare of land available for manure spreading 
Animals 
Dairy cows 
Young stock or beef cattle 
Fattening pigs 
Sows with piglets 
Turkeys, ducks 
Laying hens 
Young hens, 0—16 weeks Maximum number of animals 
per hectare (') 
2 
4 
16 
5 
100 
133 
285 
(l) Numbers are not cumulative. 
No C 54/8 Official Journal of the European Communities 3. 3. 89 
ANNEX III 
Measures to be considered in the elaboration of action programmes referred to in Article 4 (3) 
1. The restriction or banning of the ploughing in of vegetables. 
2. Prevention of downward water movement beyond the crop root systems in irrigation systems. 
3. The use of crop rotation systems and catch crops. 
4. Covering of the soil by a crop or other vegetation for as long as possible. 
5. The setting aside, or re-forestation, of agricultural land. 
6. The diversification of agriculture. 
7. The continuous training and education of farmers and producers. 
8. Scientific and agronomic research on the behaviour of nitrogen in the soil and on crops. 
ANNEX IV 
Monitoring Frequency 
1. For the purpose of designating and revising the designation of vulnerable zones, Member States shall: 
(a) within two years following notification of the Directive, monitor the nitrate concentration in 
freshwaters over the period of one year: 
(i) at surface water sampling stations which are representative of the catchment basins of Member 
States, at least monthly and more frequently during the spring flood; 
(ii) at sampling stations which are representative of the groundwater aquifers of Member States, at 
least monthly; 
(b) repeat the monitoring programme outlined in 1 (a) at intervals of at least four years, except for 
those sampling stations where the nitrate concentration in all previous samples has been below 
25 mg/1 and no new factor likely to increase the nitrate content has appeared, in which cases the 
monitoring programme need only be repeated every six years; 
(c) review the eutrophic state of their surface, estuarial and coastal waters every three years. 
2. For designated vulnerable zones Member States will draw up suitable monitoring programmes in order 
to assess the effectiveness of measures outlined in Article 4. 
3. Reference methods of measurement 
(a) Fertilizer (excluding livestock manures) 
Method of measurement of nitrogen compounds must be carried out in accordance with Council 
Directive 77/535/EEC on the approximation of the laws of the Member States relating to methods 
of sampling and analysis for fertilizers ('). 
(b) Freshwaters 
The nitrate concentration of freshwaters will be measured in accordance with Article 4 paragraph 3 
of Council Decision 77/759/EEC (2) 
(') OJ No L 213, 22. 8. 1977, p. 1. 
O OJ No L 334, 24. 12. 1977, p. 29. 
^ 05^ C^ffici^lJourn^lof r^Enronc^nCornrnunin^ ^oC^^B^ 
rhereportto theOOommissionshallcontain^ 
^ amapshowingthelocationof thedesignatedvulnerablezones,distinguishingbetweenexistingand 
new zones and indicating, in each case, the paragraph in Annex t under which the zone was 
designated^ 
dO a map showing the location of all sampling points^ 
^ the results of the monitoring carried out under Article^and in accordance with Annex tV^ 
^d^the rules described in Article 4,paragraphia^ 
^ the maximum application rates as described in Article 4, paragraph 2 ^ and rules described in 
Articled, paragraphed^ 
t^ the records maintained in accordance with Article^paragraph^.