Report from the Commission to the Council and the European Parliament on implementation of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources for the period 2000-2003 {SEC(2007)339}
Date: 2007-03-19
Institutions: European Commission
Subjects: application of EU law, chemical salt, pollution control, pollution control measures, pollution from agricultural sources, surface water

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.3.2007 
COM(2007) 120 final 

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN 
PARLIAMENT 

On implementation of Council Directive 91/676/EEC concerning the protection of 
waters against pollution caused by nitrates from agricultural sources for the period 
2000-2003 

{SEC(2007)339}

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1. 

INTRODUCTION 

Council  Directive  91/676/EEC  (hereafter  referred  to  as  the  Nitrates  Directive) 
concerning  the  protection  of  waters  against  pollution  caused  by  nitrates  from 
agricultural sources was adopted on 12 December 1991. 

Article  10  of  the  Nitrates  Directive  requires  that  Member  States  submit  a  report  to 
the  Commission  every  four  years  following  its  notification.  This  report  should 
contain  information  pertaining  to  codes  of  good  agricultural  practice,  designated 
nitrate  vulnerable  zones  (NVZ),  the  results  of  water  monitoring  and  a  summary  of 
the relevant aspects of action programmes drawn up in relation to nitrate vulnerable 
zones. 

The aim of the present report is to inform the European Parliament and the Council 
on  the  state  of  the  implementation  of  the  Nitrates  Directive,  in  accordance  with  its 
article 11. It is based on the information transmitted by EU 15 Member States in the 
period  2004-2006  (3rd  reporting  exercise  2000-2003)  and  is  accompanied  by 
aggregated  maps  of  pressure  from  nitrogen  from  agricultural  sources,  of  water 
quality data and of designated nitrate vulnerable zones. It, therefore, deals principally 
with EU 15, but, in order to provide a wider picture, also includes an outline of steps 
towards implementation in the enlarged European Union. 

2. 

EVOLUTION  OF  PRESSURES  FROM  AGRICULTURE  SINCE  THE  LAST  REPORTING 
PERIOD  

In  agriculture,  the  trend  towards  greater  intensification  and  higher  productivity 
during much of the past fifty years was accompanied by a significant increase in the 
use of both inorganic nitrogen (N) and phosphate fertilisers. However, since the mid 
Eighties, a progressive reduction in fertiliser consumption has been recorded and this 
trend has continued in the period 2000-2003. 

At  EU  15  level,  the  reduction  recorded  in  the  period  2000-2003  compared  to  the 
previous  period  1996-1999  was  6%  for  nitrogen  and  15%  for  phosphate  fertilisers 
respectively, with downwards trends continuing also in 2004 and 2005. 

Animal numbers also increased during the past fifty years, contributing to a greater 
overall  nitrogen  burden  through  manure.  Changes  in  agricultural  policy  notably  in 
1984  and  1992,  have  since  contributed  to  stabilising  or  reducing  cattle,  sheep  and 
goat  numbers,  but  pig  and  poultry  numbers  continued  to  expand.  A  comparison 
between the periods 2000-2003 and 1996-1999 indicates continuing declines in cattle 
and sheep numbers and also in poultry numbers but stability in pig numbers, with an 
estimated overall decline of 5% in manure nitrogen burden. 

The trend towards concentration continued, with animal numbers on individual farms 
expanding: over 50% of the EU’s dairy herd is currently held on farms of more than 
50 cows while the vast majority of the breeding pig herd is on  holdings with more 
than 100 sows.  

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Globally the nitrogen "pressure" on EU 15 agricultural soils from animal husbandry 
(mainly cows, pigs, poultry and sheep) is estimated at approximately 7,6 million tons 
annually spread on agricultural soils. Therefore, the total diffuse nitrogen "pressure", 
when the additional 8,9 million tons nitrogen from mineral fertilisers is added, was 
approximately 16,5 million tons in 2003, compared to almost 18 million tons in 1999 
and 17,4 million tons in 1995. 

Regionalized estimates of the application rate of nitrogen from manure (Map 1) show 
amounts exceeding 170 kg/ha year in Belgium (Flanders) and the Netherlands, but, 
also, at local level, in Italy, France (Brittany), Spain and Portugal. Manure nitrogen 
application  rates  at  regional  level  between  120  and  170  kg/ha  are  also  found  in 
Denmark,  United  Kingdom  (England),  a  few  counties  of  Ireland  and  in  Southern 
Germany.  All  the  above  mentioned  areas  also  have  the  highest  phosphorus 
application rates from livestock manure (above 90 kg phosphate per hectare per year 
for  the  most  intensive  areas,  Map  2)  and  total  nitrogen  and  phosphorus  application 
rates  (manure  plus  chemical  fertilisers)  with  values  exceeding  respectively  240  kg 
nitrogen and 90 kg phosphate per hectare per year (Maps 3 and 4).  

An  indicator  of  nitrogen  pressures  from  agricultural  sources  is  the  "gross  nutrient 
balance",  which  represents  the  difference  between  nitrogen  inputs  (from  mineral 
fertilisers, manure, atmospheric depositions, fixation by leguminous crops and other 
minor  sources)  and  nitrogen  outputs  (uptake  by  crops,  grassland  and  fodder  crops) 
per  hectare  of  utilised  agricultural  land.  According  to  European  Environmental 
Agency calculations, the gross nitrogen balance at EU 15 level in 2000 was 55 kg/ha, 
a decline of 16% compared to 1990, with a range from 37 kg/ha (Italy) to 226 kg/ha 
(the  Netherlands).  Gross  nitrogen  balance  surplus  decreased  in  all  Member  States 
except Ireland and Spain (EEA, 2005 a). 

level  by 

the  CAPRI1  database  with 

Relatively small surpluses in nitrogen gross  balance at  national level underestimate 
surpluses in specific regions. An estimate of gross nitrogen (N) balance calculated at 
regional 
to  year  2001 
reference 
(http://www.agp.uni-bonn.de/agpo/rsrch/dynaspat/dynaspat_e.htm) 
the 
heterogeneity between EU regions, with surplus ranging from 0 up to 300 kg N/ha, 
the maximum being reached in areas with a high density of livestock rearing but also 
in  regions  of  intensive  fruit  and  vegetable  cropping,  or  cereals  and  maize  with 
unbalanced fertilisation (Map 5).  

shows 

The highest national nitrogen surpluses are found in regions of the Netherlands and 
Belgium (> 150 or 200 kg N/ha). The same levels of surplus, however can be found 
in Brittany (France) and in Vechta Cloppenburg (Lower Saxony, Germany). Surplus 
of the order of 100-150 kg N/ha year are also found in Member States with relatively 
low  national  surplus  such  as  Spain  (Catalonia),  Italy  (Lombardia),  the  United 
Kingdom (Northern Ireland, Wales and West England). 

1 

CAPRI  (Common  Agricultural  Policy  Regional Impact)  is  an  agricultural  sector  model  covering both 
the whole of EU27 and Norway at regional level (250 regions) and global agricultural markets. It allows 
to analyse the impact of the different elements of the Common Agricultural Policy, of environmental or 
trade  policies  on  EU  agriculture  at  regional  level.  In  the  field  of  environment  it  allows  to  estimate 
indicators such as gas emissions and N, P, K balances at regional level.  

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Greater  livestock  density  leading  to  increased  animal  housing,  manure  storage  and 
spreading,  has  resulted  in  more  ammonia  volatilisation  and  atmospheric  deposition 
on neighbouring soils and waters with values up to 50-60 kg nitrogen per hectare per 
year being recorded in such regions (Figure 1). 

Agriculture  is  a  significant  nitrogen  contributor  to  the  aquatic  environment. 
According to recent studies (EEA, 2005b; JRC, 2006), updating information on the 
contribution from the different sectors to water pollution, it is typically responsible of 
50-80% of the total load (Map 6). 

The  relevance  of  nitrogen  discharge  from  agriculture  into  the  natural  environment 
has  been  confirmed  by  the  data  reported  by  several  Member  States  (Belgium, 
Germany,  Denmark,  Finland,  France,  Luxembourg,  the  Netherlands  and  United 
Kingdom)  in  their  reports  on  implementation  of  the  Nitrates  Directive.  Agriculture 
represents approximately 62% of nitrogen load to surface water, (from a minimum of 
18% in Portugal to a maximum of 97% in Denmark). Higher proportions are found 
for Member States which have established efficient urban wastewater and industrial 
wastewater treatment systems, thereby drastically reducing nitrogen loads from those 
sources. 

by 

The  contribution  of  agriculture  to  nitrogen  and  phosphate  losses  to  water  is  also 
confirmed 
Directive. 
(http://forum.europa.eu.int/Public/irc/env/wfd/home). In 2005 several Member States 
identified  eutrophication  and  related  contributions  from  agricultural  sources  as 
among the major threats to the achievement of good water status. 

the  Water 

Framework 

reports 

under 

3. 

OVERVIEW OF COMPLETENESS OF THE REPORTS SUBMITTED BY MEMBER STATES 

All Member States submitted a formal report to the European Commission in 2004-
2005.  Further  missing  data,  in  particular  regarding  water  quality,  nitrate  vulnerable 
zones and agriculture have been provided during 2006.  

Most Member States followed the outline of the reporting guidelines prepared by the 
Commission  in  2000,  but,  given  the  different  level  of  detail  and  format  of  data, 
further  work  was  required  to  integrate  data  on  water  quality  and  nitrate  vulnerable 
zone designation at EU 15 level. The United Kingdom, which had not reported in the 
previous  reporting  period  1996-1999,  provided  information  over  both  reporting 
periods.  

The reports provided by Member States generally address the items listed in annex V 
of  the  Nitrates  Directive.  The  level  of  detail  and  completeness  of  information 
improved  compared  to  the  previous  reporting  period.  However  gaps  remain  in 
relation  to  water  quality,  in  particular  regarding  the  eutrophication  of  fresh  and 
coastal waters, the forecasting of water quality evolution via agricultural data, such 
as nitrogen usage in nitrate vulnerable zones and evaluation of effectiveness of action 
programmes. 

4. 

WATER QUALITY, STATUS AND TRENDS 

Monitoring network 

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Networks  of  sampling  stations  have  to  cover  groundwater  (even  if  not  used  for 
drinking  water),  rivers,  lakes  and  dams,  coastal  and  marine  waters,  as  required  by 
article 6 of the Nitrates Directive.  

Member States have established monitoring networks which give a good overview of 
water  status  and  trends.  Their  extent  and  quality  has  improved  since  the  second 
reporting  period,  both  for  ground  and  surface  waters.  A  total  of  approximately 
20.000 groundwater monitoring stations were operational in 2000-2003 compared to 
16.000  in  1996-1999.  The  number  of  common  sampling  stations  between  the  two 
reporting  periods  was  approximately  11.100  permitting  the  results  to  be  used  for 
trends assessment. 

Groundwater sampling density was on average 12,5 sampling points per 1000 km2 in 
EU 15. The highest density was in Belgium-Wallonia (50 sampling points per 1000 
km2)  and  in  the  Netherlands  and  Austria  (25-30  sampling  points  per  1000  km2). 
Relatively low sampling density in Finland and Sweden (respectively 0,19 and 0,33 
sampling  points  per  1000  km2)  reflects  the  high  percentage  of  natural  areas  there. 
Some  Member  States  (Denmark, 
transmitted  groundwater 
monitoring data for different monitoring depths. However the Netherlands provided 
aggregated  data  (14  aggregated  figures  related  to  358  monitoring  stations)  for  the 
depth  0-5  meters.  Greece  did  not  transmit  groundwater  quality  data  with  its  report, 
but  later  provided  data  from  monitoring  carried  on  in  2003.  Belgium  (Flanders) 
reduced groundwater monitoring stations from 392 to 97 in 2003. 

the  Netherlands) 

Some  Member  States  taking  a  whole  country  action  programme  approach,  such  as 
Germany  and  Finland  established  a  specific  network  to  assess  water  quality  status 
and trends in areas with a prevalence of intensive agricultural activities in addition to 
the general countrywide network for groundwater monitoring. 

A total of approximately 22.000 surface water monitoring stations, were established 
in 2000-2003 compared to 14.000 in 1996-1999; 12.000 common sampling stations 
between the two reporting periods have enabled the assessment of trends. Sampling 
density  varied  greatly  (from  a  minimum  of  0,8  monitoring  stations  per  1000  km2 
(Greece)  up  to  59  (Belgium-Flanders)  and  33  (United  Kingdom,  England) 
monitoring stations per 1000 km2.  

Member  States  (except  Spain,  Greece  and  Ireland)  provided  details  on  their 
monitoring  programme  regarding  frequency.  Monitoring  frequency  ranges  from  12 
to 24-26 times per year for surface waters to 1 to 6 times per year for groundwater.  

Member  States  reported  geo-referenced  data  in  a  format  compatible  with  EC 
Geographic Information System (GIS)2, using  harmonised  codes and  classifications 
as  developed  by  the  reporting  guidelines  prepared  by  the  Commission  in  20003. 
Therefore,  aggregated  maps  of  water  quality  at  EU  level  could  be  drawn  regarding 
nitrates.  

2 
3 

Contextually to the submission of the report or later on, during 2005 and 2006  
EEC,  DG  Environment,  2000.  Nitrates  Directive  (91/676/EEC);  Status  and  trends  of  aquatic 
environment and agricultural practices. Development guide for Member States' report 

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Information on eutrophication, improved compared to the previous reporting period, 
but not all Member States reported on criteria used to assess eutrophication, and only 
a  few  provided  the  results  of  assessment  of  individual  water  bodies,  river  or  lakes 
(Austria,  limited  to  lakes  and  the  Danube,  Belgium,  Denmark,  Greece,  Finland, 
Ireland, Luxemburg and Portugal) and coastal and marine waters (Ireland, Denmark, 
the  Netherlands  and  Finland).  Some  Member  States  reported  on  some  of  the 
following 
phosphorus, 
orthophosphate, Chlorophyll a. 

eutrophication 

parameters: 

nitrogen, 

total 

total 

Results of water quality survey 

Groundwater 

In the period 2000-2003, 17% of EU monitoring stations (average values) had nitrate 
concentrations above 50 mg NO3/l, 7% were in the range 40 to 50 mg NO3/l and 15% 
were in the range 25-40 mg NO3/l. Approximately 61% of the groundwater stations 
had a concentration below 25 mg NO3/l4 (Maps 7 and 8).  

In individual Member States, large differences were found depending on the depth of 
monitoring stations and the type of monitoring. Belgium (Flanders), the Netherlands 
(0-5  m5,  aggregated  data),  Portugal,  Spain  and  Luxemburg  reported  the  highest 
percentage of groundwater sampling sites exceeding 50 mg NO3/l (from 60% to 20% 
of the monitoring stations). Germany and Finland also reported a high percentage of 
sites  exceeding  nitrate  concentration  of  50  mg  NO3/l  in  their  agricultural  site 
monitoring  networks.  The  threshold  of  40  mg  NO3/l  was  exceeded  in  France  and 
United Kingdom (England) in more than 20% of sampling points (Figure 2).  

Comparison  with  the  data  of  the  previous  reporting  period  shows  that,  at  EU  15 
level, stable and decreasing trends are prevalent (64% of the monitoring stations, of 
which  30%  with  decreasing  trends).  However,  36%  of  the  monitoring  stations  still 
show an upwards trends (Map 9 and Figure 3).  

The Member States with increasing trends in more than 30% of monitoring stations 
were  Belgium  (Wallonia),  France,  Spain,  Portugal,  Germany,  Ireland,  United 
Kingdom, the Netherlands (depth 0-5 m) and Luxemburg. In general, however, with 
the  exception  of  Spain,  France,  United  Kingdom  and  Belgium,  the  percentage  of 
stations with increasing nitrate concentrations is counterbalanced by a similar or even 
higher percentage with improving quality. Shallow groundwater in Denmark and the 
to  deep 
Netherlands  showed  a  more  pronounced 
groundwater.  Denmark,  Austria,  Sweden  recorded  overall  stable  or  decreasing 
trends.  Trends  could  not  be  determined  due  to  modification  of  the  monitoring 
network and/or lack of data for Greece, Italy and Belgium (Flanders) (Figure 3).  

improvement  compared 

Surface Water 

Average nitrate concentrations (yearly average) below 10 mg NO3/l were observed in 
53% of the monitoring stations and equal or below 2 mg NO3/l in 19% of monitoring 

4 

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Spatial distribution of monitoring stations was more even in the third compared to the second reporting 
period, with a better balance between polluted and unpolluted areas. 
Reflecting the concentration in the first meter of groundwater or water leaving the root zone 

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stations  notably  in  mountainous  areas.  In  2,5%  of  the  monitoring  stations  nitrate 
concentration exceeded 50 mg NO3/l and in 4% recorded values in the range 40 to 50 
mg NO3/l6. Member States with the highest  proportion of sampling  points  showing 
nitrate  concentration  above  50  mg  NO3/l  were  United  Kingdom,  France  and  the 
Netherlands (respectively 4,5%, 2% and 1,2%). Values above 40 mg/l nitrates were 
recorded in 11% and 7% of monitoring stations in the United Kingdom and France 
respectively.  High  values,  over  25  and  even  40  mg  NO3/l  were  observed  in  the 
agricultural plains of Denmark, the Netherlands, Belgium (Flanders) and north-west 
of France. In Luxembourg, Belgium (Wallonia), Ireland (south-west), specific areas 
of Spain (north-east, south), Italy (north–east) and Austria (north-east in the Morava-
Dyje  catchment)  a  significant  proportion  of  values  were  between  10  and  25  mg 
NO3/l,  indicating  already  considerable  nitrogen  fluxes  to  lakes  and  seas  and 
important potential eutrophication effects (Maps 10, 11, 12 and Figure 4). 

The  comparison  with  the  1996-1999  surveys  shows  that,  in  the  large  majority  of 
surface  waters,  nitrate  concentration  is  decreasing  or  stable  (respectively  55%  and 
31%  of  the  monitoring  stations).  This  would  confirm  an  overall  decreasing  trend 
observed in the previous reporting period, but further data would be needed to assess 
the influence of climatic conditions and urban wastewater treatment improvement in 
this evolution. In 14% of monitoring stations the concentration is increasing (mainly 
in Luxemburg, France, United Kingdom, Portugal and Belgium). Decreases or stable 
nitrate concentrations in surface water were reported as generalised trends (more than 
90%  of  monitoring  sites)  in  Denmark  (freshwaters),  Austria,  Ireland,  Sweden, 
Germany  and  the  Netherlands  (freshwaters).  Incidence  of  sampling  stations  with 
increasing  trends  is  particularly  high  in  north-west  and  southern  France,  southern 
England, eastern Spain and northern Portugal (Map 13 and Figure 5). 

Discussion  and  evaluation  of  trophic  status  of  waters  are  greatly  hampered  by  the 
different  methods  and  criteria  that  Member  States  have  used  for  the  assessment  of 
eutrophication.  As  a  result,  no  maps  of  the  eutrophication  in  EU  15  surface  waters 
have been prepared. A satellite picture of chlorophyll concentration in EU seas (Map 
14) highlights the area with strong phytoplankton development. The implementation 
of  the  Water  Framework  Directive  is  expected  to  overcome  this  difficulty  by 
harmonising  the  criteria  to  define  eutrophication  through  the  assessment  of 
exercise 
ecological 
(http://ec.europa.eu/environment/water/water-framework/objectives.html). 
In 
addition,  a  guidance  document  is  currently  under  development  in  this  respect 
(http://forum.europa.eu.int/Public/irc/env/wfd/library?l=/framework_directive/themat
ic_documents/13_eutrophication). 

intercalibration 

status 

and 

the 

5. 

DESIGNATION OF NITRATE VULNERABLE ZONES 

Member  States  are  required  to  review,  and  if  necessary  revise,  nitrate  vulnerable 
zones  at  least  every  four  years  on  the  basis  of  the  results  of  water  monitoring 

6 

It  should  be  noted  that  a  more  balanced  distribution  of  the  sampling  stations  would  be  necessary  to 
represent  the  overall  EU15  picture.  For  instance,  surface  water  monitoring  stations  in  UK  (England), 
which represent almost 30% of the total number of monitoring stations in the EU 15, with a relatively 
high percentage of values in the three classes above 25 mg/l, may bias the EU 15 frequency distribution.  

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according  to  article  6  of  the  Nitrates  Directive.  The  first  designations  should  have 
been completed by December 1993 with revisions thereafter every four years.  

In  the  period  2000-2003  further  progress  has  been  made  in  nitrate  vulnerable  zone 
designation.  Seven  out  of  fifteen  Member  States  took  the  option  in  the  Nitrates 
Directive not to identify specific nitrate vulnerable zones, but to establish and apply 
an  action  programme  through  the  whole  territory.  In  addition  to  Austria,  Denmark, 
Finland,  Germany,  Luxemburg  and  the  Netherlands,  Ireland  established  a  whole 
territory approach in March 2003. 

Other Member States increased, in several cases substantially, the nitrate vulnerable 
zones  since  1999:  United  Kingdom  (from  2,4%  to  32,8%  of  the  territory),  Spain 
(from  5%  to  11%),  Italy  (from  2%  to  6%),  Sweden  (from  9%  to  15%),  Belgium 
(from 5,8% to 24%). Motivation for increased designation was not always provided. 
In  the  majority  of  cases  it  was  based  on  groundwater  nitrate  pollution  (i.e.  in 
Southern Europe Member States) and surface water nitrate pollution (criteria A2 and 
A1  of  Annex  1  of  the  Nitrates  Directive);  to  a  lesser  extent  it  was  based  on 
eutrophication (for instance Sweden and Seine-Normandy in France). 

Overall, in EU 15, designation of nitrate vulnerable zones increased from 35,5% of 
the  territory  at  the  end  of  1999  to  44%  at  the  end  of  2003  (Table  1  and  Map  14). 
From  2003  onwards  further  designations  were  made,  in  Italy,  Spain,  Portugal  and 
United Kingdom, Northern Ireland (Map 15). Belgium has established the procedure 
to increase its designation to include 42% of Wallonia territory and all Flanders.  

However, based on review  of  available information on nitrogen pressure and  water 
quality,  in  particular,  with  regard  to  eutrophication  and  shallow  groundwater  there 
are still some gaps in designation. Work is necessary to eliminate these gaps.  

6. 

ACTION PROGRAMMES  

By  the  end  of  2003,  all  Member  States,  with  the  exception  of  Ireland,  had,  albeit 
some rather belatedly, established one or more action programmes on their territory. 
Ireland finally established its programme in 2006.  

Member  States  have  provided  information  regarding  the  newly  established  action 
programmes  since  1999  and  on  the  modifications  introduced  as  a  result  of  the 
periodic review required by the Nitrates Directive. 

The  Nitrates  Directive  foresees  the  possibility  to  design  and  implement  the  action 
programmes on individual nitrate vulnerable zones or part of zones. France, Portugal, 
Spain, Italy, Greece, United Kingdom and Belgium took this option and, as a result, 
approximately 110 action programmes were in place by the end of 2003. 

Although  progress  in  the  quality  of  action  programmes  is  being  made,  many  still 
show several areas of non conformity.  

Several  Member  States  failed  to  require  compliance  with  the  standard  for  manure 
nitrogen application (from 20.12.2002, 170 kg N/ha). 

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Another  key  measure,  minimum  storage  capacity  of  livestock  manure,  was  not 
established  as  mandatory  in  some  action  programmes;  in  other  cases,  required 
storage  capacity  is  insufficient  to  cover  the  periods  when  manure  application  is 
prohibited  or  impossible  due  to  climatic  conditions.  Storage  capacity  requirements 
established  in  action  programmes  range  from  2  to  12  months,  with  large  variations 
even in neighbouring regions with similar climatic conditions. Studies (ERM, 2001) 
suggest  that  minima  ranging  from  4  months  (Mediterranean  areas)  to  9-11  months 
(boreal areas) should be established.  

Balanced fertilisation so as to limit total nitrogen input with fertiliser (both manure 
and chemical fertilisers) to crop requirements, taking into account contribution from 
the  soil  and  other  inputs  is  also  insufficiently  implemented  in  several  action 
programmes.  The  approach  taken  by  Member  States  varies  from  a  balance  system, 
providing a methodology for calculations on a farm by farm basis, to the definition of 
total nitrogen application standards for each crop or groups of crops (total nitrogen or 
"available nitrogen"). In several cases, however, provisions are very general and do 
not establish mandatory requirements for farmers. 

Other critical aspects are: 

–  insufficient  length  or  limited  applicability  (to  specific  fertilisers,  crops  or  soil 

types) of the measures on restricted periods for fertiliser application;  

–  insufficient  measures  for  fertiliser  application  near  water  bodies  (absence  of 
minimum  distance  for  fertiliser  application  or  too  narrow  width  of  unfertilised 
buffer strips);  

–  lack  or  insufficient  restrictions  for  application  of  fertilisers  to  steeply  sloping 
ground,  although  it  is  essential  to  prevent  nitrogen  losses  from  erosion,  run-off 
and subsoil drainage; 

–  no restrictions on fertiliser application when soil conditions are unsuitable (water-

saturated, flooded, snow covered and frozen ground). 

However, notwithstanding the need for further improvement, in 2000-2003, progress 
was  made  through  design  and  implementation  of  new  action  programmes  and 
improvement of the measures of the existing action programmes in the context of the 
periodic revision. Further progress is now being made with improved quality of the 
measures.  An  overview  of  recent  progress  on  action  programme  measures  is 
provided in the Annex. 

7. 

DEROGATIONS 

The Nitrates Directive allows for the possibility to avail of derogation in respect to 
the  maximum  amount  of  170  kg  nitrogen  per  hectare  per  year  applicable  with 
livestock manure, provided that it is demonstrated that the directive's objectives are 
still  achieved.  Derogations  require  a  Commission  Decision  following  the  positive 
advice  of  the  Nitrates  Regulatory  Committee,  which  assists  the  Commission  in 
implementation.  Appropriate  designation  of  nitrate  vulnerable  zones  and  action 
programmes fully in conformity with the Nitrates Directive are prerequisites to any 

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derogation and the derogations themselves apply only for the duration of the action 
programme. A list of the derogations granted until December 2006 is provided in the 
Annex. 

8. 

FORECAST ON WATER QUALITY 

Almost all Member States, with the exception of Italy, Portugal and Greece, provided 
at  least  some  elements  on  assessment  methods  (simulation  models  and  trend 
analysis)  for  the  evaluation  of  trends  in  agricultural  pressures  and/or  water  quality 
evolution.  

However,  few  Member  States  provided  quantitative  information  on  the  time  scale 
during which either a stabilization of the present level of pollution or a recovery of 
the water quality (both for nitrate and eutrophication) is forecast to be achieved. The 
difficulty  to  draw  conclusions  depends  on  the  many  uncertainties  regarding,  for 
instance, climate and transport processes in soils.  

A general conclusion is that it will take several years before improvements in water 
quality  can  be  observed  as  a  result  of  the  implementation  of  the  measures  of  the 
action  programmes  and  modification  of  the  agricultural  practices  (including 
reduction  of  the  number  of  livestock).  In  the  few  cases  in  which  a  timescale  of 
restoration  of  water  quality  is  provided  (sometimes  as  a  result  of  simulation  for 
specific basins) it ranges from a minimum of 2-4 years to more than 30 years.  

9. 

INFRINGEMENT PROCEEDINGS 

At  present,  the  implementation  of  the  Nitrates  Directive  is  still  incomplete,  as 
confirmed by several infringement procedures (7 over 15 Member States, Table 2), 
mainly for insufficient designation of nitrate vulnerable zones and non conformity of 
action programmes. 

10. 

IMPLEMENTATION  OF  THE  NITRATES  DIRECTIVE  IN  THE  NEW  MEMBER  STATES 
(EU 10) 

Implementation of Nitrates Directive is ongoing in new Member States. According to 
the commitments taken in the negotiation for accession, new Member States fulfilled 
their  obligation  by  ensuring  transposition,  having  a  water  monitoring  network  in 
place  and  designation  of  nitrate  vulnerable  zones.  Action  programmes  are  now 
established in all new Member States. The Commission is analysing the designation 
and  the  action  programmes  to  assess  their  compliance  with  the  Nitrates  Directive. 
Three out of ten new Member States (Malta, Slovenia and Lithuania) took a “whole 
territory approach” and therefore decided not to designate specific nitrate vulnerable 
zones, but to implement an action programme on the whole territory. Seven Member 
States  designated  as  nitrate  vulnerable  zones  a  percentage  of  the  territory  ranging 
from 2,5% (Poland) to 48% (Hungary). 

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11. 

CONCLUSIONS 

The third report on the implementation of Nitrates Directive for the reporting period 
2000-2003 submitted by EU 15 Member States shows improvement in the quality of 
monitoring and reporting. 

With regard to water quality, on groundwater, although the overall trend is stable or 
improving in 64% of sites, nevertheless an increase in nitrate pollution was observed 
in 36% of sites and 17% of sites showed nitrate concentration above 50 mg per litre. 
In surface waters stable or decreasing nitrate concentrations were observed in 86% of 
monitoring  sites,  confirming  trends  already  seen  in  several  Member  States  in  the 
previous  report.  However,  further  data  would  be  needed  to  assess  the  influence  of 
this 
climatic  conditions  and  urban  wastewater 
development. 

improvement  on 

treatment 

Significant progress has been made in the recent years regarding both designation of 
vulnerable zones and action programmes. Vulnerable zones increased from 35,5% of 
EU 15 territory in 1999 up to the 44% in 2003, with further designations thereafter. 
However,  based  on review  of  available information on nitrogen pressure and  water 
quality, the Commission considers that there are still gaps in designation which need 
to be filled. 

Progress in the quality of action programmes has been significant in the recent years 
and  should  contribute  to  the  improvement  of  water  quality  in  future  reporting 
periods. 

The Commission's overall analysis is that significant progress is now being made in 
the  implementation  of  the  Nitrates  Directive,  but  that  considerable  further  work  in 
improving  designations  and  the  quality  of  action  programmes  will  be  required  in 
order to fully achieve the objectives of the Directive with regard to water quality. It 
looks to continued increasing cooperation from Member States in this work. 

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