CELEX: 51988PC0708
Language: en
Date: 1988-12-22
Title: Proposal for a COUNCIL DIRECTIVE concerning the protection of fresh, coastal and marine waters against pollution caused by nitrates from diffuse sources (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 708
Vol. 1988/0233
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM ( 88 ) 708 final
                                               Brussels ,  22 December 1988
                           Proposai for a
                          COUNCIL DIRECTIVE
                               concerning
    the protection of fresh , coastal and marine waters against
         pollution caused by nitrates from diffuse sources
                  ( presented by the Commission )
 ---pagebreak---                                   -2-
                               Contents
 Part A. EXPLANATORY MEMORANDUM
 I.      INTRODUCTION
 II .   PRESENT SITUATION FOR NITRATE CONCENTRATIONS IN COMMUNITY
        WATERS AND PREDICTED TRENDS
 III .  USAGE IN THE COMMUNITY OF GROUNDWATER AS SOURCE OF DRINKING
        WATER
 IV .   HEALTH HAZARDS FROM NITRATE IN DRINKING WATER
V.      EUTROPHICATION OF COMMUNITY WATERS
VI .    CONSUMPTION OF FERTILIZER
VII .   ACTION TAKEN TO REDUCE THE DIFFUSE INPUTS OF NITROGEN TO
        THE ENVIRONMENT BY MEMBER STATES
VIII . PROPOSED COMMUNITY ACTION
Part B. PROPOSAL FOR A COUNCIL DIRECTIVE ON COMMUNITY MEASURES
         CONCERNING THE PROTECTION OF FRESH ,   COASTAL AND MARINE
         WATERS AGAINST POLLUTION CAUSED BY NITRATES FROM DIFFUSE
         SOURCES
 ---pagebreak---  Part A. EXPLANATORY HENORANDUN
 I. Introduction
 The Commission is concerned about the rise in the level of nitrate
 in Community waters , both surface , coastal and groundwaters . This
 rise poses two major environmental problems .          The first is in
 relation to the safety of drinking water supplies and the second
 is the eutrophication of inland and coastal waters .
The EC set a level for nitrate in drinking water supplies of 50
mg / l, Directive 80 / 778/EEC ^ \        Should the level in supplies
 surpass this level the water must be treated or blended with clean
supplies    so that   the  level   is  reduced   below the   EC maximum .
Treatment and blending can be extremely expensive and does not
tackle the source of the problem .         Furthermore treatment cannot
always be easily used on small Community supplies .
The    second   major  problem    caused  by   nitrates ,   as  well  as
phosphates , is eutrophication . Nitrate is particularly implicated
in the eutrophication of marine waters and the subsequent
occurence of algal blooms .        In recent years , such blooms have
regularly occurred during the spring and summer months in the
Baltic , North and Adriatic Seas .        These blooms can cause great
damage to the biota , particularly fisheries , and have a large
negative effect on the touristic value of the affected areas .
There are two main diffuse sources of nitrates , the first is
agriculture and the second is municipal wastewater discharges .
Nitrate pollution caused by agriculture arises because of certain
land management practices ,      excessive land-application of animal
manures and the ovei–use of chemical fertilizers .
(1)
     0 J No . L 229 of 30.8.80 , p. 11
 ---pagebreak---                                    -4-
High levels of nitrate in aquifers and eutrophication problems ,
are occuring in specific areas in almost every Member State in the
Community . Several Member States have already introduced national
measures to deal with these problems .      Other International bodies
such as the North Sea Conference have also recognised the need for
action .     The June    88  seminar   of  Environmental   Ministers in
Frankfurt realised that the reduction of nutrients had so far been
given insufficient attention .
The Commission has    now prepared a proposal which addresses the
need to control the    inputs of nitrate to the aquatic environment .
It lays down the      framework for Member States to follow when
devising programmes   either independently or in col loboration with
other States to deal with the problem .       Member States must first
identify areas which are likely to suffer nitrate pollution and in
which measures should be imposed .      These measures will include EC
limits on the quantity of manure that can be applied to the land ,
limits of the application of chemical fertilizer set by national
authorities ,   land management practices and a limit on the nitrate
content of municipal wastewater discharges .
It is to be noted that the application of this directive may bear
heavily on certain farmers in regions where nitrate content of
soil is already high for historical reasons . In this context , to
the extent to which measures are necessary which go beyond the
requirements of good agricultural practice , the Commission recalls
its recent Communication on Environment and Agriculture, in which
it stated that Member States should inter alia be allowed to
include   in   their programmes      appropriate    " technical   and/or
financial assistance to help farmers adapt to the new agro~
economic context ".      Such provisions are subject to the usual
Community rules .
 ---pagebreak--- II .    PRESENT   SITUATION  FOR  NITRATE   CONCENTRATIONS   IN COMMUNITY
        WATERS AND PREDICTED TRENDS
      Source when not otherwise given Report of the Water Supply
      Associations from countries of the European Communities
      ( EUREAU ) " The Problem of Nitrates " December 1984 .
The situation in Belgium
The River Meuse , which is an important source of raw water, has a
nitrate concentration of 2 to 14 ( average 6 ) mg / l nitrate at the
Belgian / French border and of 9 to 16 ( average 13 ) mg / l nitrate at
the Belgian / Dutch border .
The average nitrate content for the groundwaters of the Ardennes
and for the carbonaceous formation ranges between 10 and 15 mg
nitrate / l ( waters of the Brussels' Waterboard ).
The nitrate content of the groundwater in the agricultural zones ,
south of Brussels , remains between the limits of 20 to 50 mg
nitrate / l but is steadily increasing .
In the low-land and coastal area , with intensive agriculture
together with cattle and pig breeding , the average nitrate content
of the surface waters ( small rivers ) can reach 100 mg / l during
winter periods and exceptionally values of 800 mg / l have been
observed .
No indication of a trend in nitrate levels could be given ^.
(1)
     WHO Health Hazards from Nitrates in Drinking Water, Copenhagen
     1985 .
 ---pagebreak---                                        -6-
The situation in Denmark
In  Denmark     the  problems   from nitrate     occur  where   there is  an
absence of clay over aquifers used to abstract drinking water .
This situation occurs in the sandy moors of West Jutland and in
the neighbourhood of Aalborg .          In East-Jut land and on the Islands
there have until now only been problems with single supply plants
( wells ),    and with shallow borings where there is also a risk from
direct pollution by surface-water .
Nitrate analysis from waterworks each supplying more than 10 000
m^/year ( i.e. more than 99% of the drinking water in Denmark ) have
been examined ^.            For the country as a whole 8% of the
investigated waterworks           exceeded    50 mg nitrate / l       either
temporarily or permanently and 18% of them exceeded                   25 mg
nitrate / l .
Trend in Denmark
The Danish Environmental Protection Agency has stated ^* that the
overall mean nitrate level in groundwater has tripled in thirty
years from approximately 4 mg / l in the 1940 's and 50 's to the
current value of 13 mg / l .
     K.    Overgaard , Ministry of Environment,         Denmark , Trends in
     Nitrate Pollution of Groundwater in Denmark , Water Supply Vol .
     3 Berlin 'A' pp . 195-203 .
     Prof. J. J. Fried , Pollution of Groundwater by Nitrate, 1984
     E.C. Contract 11 / 83 / 206(598 )
 ---pagebreak---                                 -7-
The situation in Francs
The Minister of Health initiated a general . inquiry into the
nitrate content of water intended for human consumption in 1981 .
This inquiry was not just a data collection but was to provide an
opportunity to establish and implement a consistent public health
policy .
The inquiry was based on the results of analyses made in 1979 ,
1980 and the first quarter of 1981 ( more than 100 000 analyses ),
and applied to the whole country , that is to more than 54 million
 inhabi tant s .
The water supply systems affected by high concentrations were more
frequently rural units , 70% of which served less than 1 000
inhabitants .    However half the populations supplied with water
having a nitrate content in excess of 50 mg / l lived in 25
conurbations of more than 10 000 inhabitants .      The distribution
systems in which the average concentrations exceeded 50 mg / l were
mainly supplied with groundwater and were predominantly in the
north and west of the country .
The survey showed that over a million people were drinking water
with a nitrate content of between 40 and 50 mg / litre .   A total of
90% of the water exceeding the 50 mg / litre threshold came from
groundwater aquifers .
Trend in France
As in Denmark , nitrate levels are on the increase .     Between 1990
and 1995 they could exceed the maximum admissible concentration
levels in enough of the network to affect 10 million people or
almost 20% of the population, compared with 2% at present .
 ---pagebreak---                                     -8-
The situation in the Federal Republic of Germany
Increased nitrate concentrations above about 25 mg / l nitrate occur
in some regions , primarily in groundwaters , but rarely in surface
waters .    Predominantly they result from the kind of agricultural
utilization of the soils and fertilizing practices .         Local point
sources of nitrate do not make an important contribution to the
nitrate load of the groundwaters in the Federal Republic of
Germany .
Especially affected are regions with light and permeable soils ,
the humus content of which is small , as well as regions with
intensive      agricultural     utilization,     special    cultivation ,
intensified ploughing of pasture land and especially viniculture .
Seriously affected are the Niederrhein region in North Rhine-
Westfalia, regions in Ni edersachsen and the split gravel level
tract in Niederbayern .       Further problems are experienced in the
viniculture regions in Hessen, Rheinland-Pf alz , Baden-Wurttemberg
and Main ( Wurzburg ).
Surface waters
Mountain streams and streams in the central mountain chain contain
on average 1-10 mg/ l nitrate; streams in the plains average 20
mg / l nitrate . Large rivers such as the Danube, Main, Rhine and
Ruhr contain on average between 10 and 20 mg/ l nitrate; the higher
loaded    Neckar   has   20   – 30    mg / l nitrate   with   a  maximum
concentration of 48 mg/ l nitrate .       In Lake Constance and in most
of the reservoirs the nitrate concentration averages 5 mg / l with a
maximum of 15 mg / l .
Groundwaters
The "Atlas of drinking water quality in the Federal Republic of
Germany" states       that  in 1980 of 330 rural districts and
"district-free ( independent ) communities", 29 districts and
communities ( 9% ) had a mean nitrate content of drinking water of
25 - 250 mg / l .    An investigation in the years 1972 - 1980 of a
 ---pagebreak---                                       -9-
 total of 856 different drinking waters , uniformly distributed over
the Federal Republic of Germany , showed that 50 mg / l nitrate was
exceeded in 5% of the drinking waters investigated .                    In
viniculture regions 13% of the drinking waters investigated
contained more than 50 mg / l .            A report published by the
"Landerarbei tsgemei nschaft " of the German Federal Republic in 1986
 states that at present ( data for 1982 / 83 ) about 20% of all the
companies concerned have nitrate contents in drinking water over
 25 mg / l .   In the administrative district in Baden-Wurttemberg an
inquiry showed that about 20% of approximately 15,000 separate
water installations had nitrate contents higher than 50 mg / l .
Trend in the Federal Republic of Germany ^
The data published by the German Federal Health Office ( Bibidat )
also show that nitrate levels are on the increase and already
exceed 50 mg / l in many regions .
The situation in Ireland
Few problems with nitrate levels have been reported from Ireland
but   small   increases  in the nitrate     content   of a number  of the
larger rivers have been observed recently ^ .                 A spate of
pollution incidents arising from silage storage have been reported
in 1987 .
The situation in Italy
Nitrate pollution of underground waters is now widespread in all
those areas where there is intensive agricultural activity such as
in certain restricted areas of the Marches , Emilia-Romagna and
Piemont .     The total population concerned does not exceed 100 000 .
In many cases , it is possible to reduce the concentration of
     Prof.    J.  J. Fried , Pollution of Groundwater by Nitrate, 1984
     E.C. Contract U / 83 / 206C598 )
     A    review of  Water Pollution     in Ireland .     Water Pollution
     Advisory Council .     An Foras Forbartha , June 1983 .
 ---pagebreak---                                  - 10-
 nitrates in water as supplied for drinking to within the permitted
  limits through mixing with other waters, which have a low nitrate
 concentration .
 The maximum value discovered is close to 100 mg / l, in the Marches ,
 and this level is reached only in certain periods of the year.
 The situation in Luxembourg
 In general the average nitrate content of the groundwaters , most
 of which originate from the sufficiently protected sandstone-
 aquifer in the centre of Luxembourg , ranges between 10 - 40 mg / l
of nitrate but for some of the wells situated in agricultural
areas the nitrate content is steadily increasing .
The limit of 50 mg nitrate / l is reached or exceeded in about 10
communities , most of them small , with a total population of 1 800
 ( or 0.5% of the national population ).    All of these are rural
communities with wells in cultivated areas .    There are no better
groundwater reserves available . As a general principle , effort is
made to develop new water resources from more distant and
protected areas and to blend such water with the unsatisfactory
drinking water or to distribute it directly as drinking water .
This frequently involves considerable cost to these small
financially weak communities .
The situation in the Netherlands
Drinking water
Results of investigations all point towards a gradual increase in
the nitrate concentration in drinking water in the Netherlands .
The situation is summarized in the table below ( Table 1 ).
 ---pagebreak---                                   -11-
      Table 1 - Nitrate concentration in drinking water in the
                          Netherlands ( 1981 )
    Nitrate concentration ( mg/ l N0^)  0-10    10-25      25-50
    Frequency ( % )                     84.8     12.8       2.4
   Total number of pumping stations : 257
Surface water
Surface water , mainly derived from the rivers Rhine and Meuse is
the source of 35% of the drinking water .               The nitrate
concentration in these rivers is approximately 15 mg / l .
Ground water
In the Netherlands 99.9% of the households are connected to the
public water supply and 65% of the drinking water is derived from
groundwater .    The increase in the nitrate concentration in ground
water is considered to be due to the dumping of slurry originating
from intensive cattle breeding . Taking into account the amount of
slurry dumped in the vicinity of the aquifer, the hydrogeology and
the existence of aerobic and anaerobic conditions , it is estimated
that 58 of the 240 aquifers will experience problems . Water from
private wells contains much higher nitrate concentrations,      up to
400 mg / l .
Trend in the Netherlands
No nitrate problem in surface waters but increasing trend in
groundwaters has been observed*^.
    WHO Health Hazards from Nitrates in Drinking Water, Copenhagen
    1985
 ---pagebreak---                                     - 12-
 The situation in Portugal
 It is reported that generally there are no problems due to
 nitrogen although it is possible that local problems may exist .
 The situation in Spain
 In Spain there are large heavily irrigated areas with nitrate
 levels in groundwaters exceeding 100 mg / l . In Catalonia levels of
 500 mg / l have been reported . There are also high nitrate levels
 in aquifers underlying dry land farming ^.
The situation in the United Kingdom ^*
 In the UK the highest nitrate concentrations occur in the more
highly populated regions in Central and Southern England where
rainfall is lower and agricultural activity is more intense .
    r
Surface Waters
The    mean   concentration   of  nitrate   in  surface    waters  varies
considerably within the UK ,        but generally    there  is   a higher
concentration in rivers in Central and South East England .             In
some areas     substantial  increases   in nitrate  concentrations have
occurred over the last 30 to 40 years ,          and up until 1976 the
long-term trends showed rises at varying rates .             Since then ,
however,     trends   have become   less certain and values have in
general remained fairly constant .        Surface waters provide about
70% of the public water supplies in Britain, and over 90% in some
areas of Scotland and Wales , where nitrate levels are lowest .
v     Sahuquillo A.    E.C. Workshop on Groundwater Protection against
      pollution by nitrates , Varese 1985 .
^ Nitrate in Water - Department of the Environment 's Nitrate
       Coordination Group Report ( DOE Pollution Paper No .          26 ),
       November 1986 .
 ---pagebreak---                                       - 13-
 Groundwater
 A considerable amount of        reliable data on groundwater has been
 collected since 1970 .       Concentrations of nitrate        in groundwater
vary significantly from one area to another .                 Some show very
 little increase or even a decrease in concentrations over recent
years ,    but mainly display an overall rising trend .             Unconfined
 aquifers in areas of arable farming are particularly at risk and
 in regions of lowest rainfall nitrate concentrations in some such
waters already exceed 100 mg / l and others will do so in the long
term .   Groundwaters in confined aquifers show little indication of
 rising nitrate levels .        Groundwaters provide       about 30% of the
public water supply in Britain .
Trends in the UK
The evidence for predicting future trends in surface water is not
clear   cut ;   although   since    1976 there appears       to have been a
 levelling off of nitrate concentrations .            So far as groundwaters
are concerned ,     the available evidence suggests that there will be
a    continuing    slow   rise    in    nitrate     concentrations   in   most
unconfined     aquifers     though     in     theory   concentrations    would
eventually reach an equilibrium .         Precise prediction is difficult ,
but   in areas    of  lowest   rainfall     ( parts  of Eastern   and Central
England ) many groundwater nitrate concentrations are likely in the
long-term to exceed 100 mg N0^/ l . In other parts of Britain, with
the exception of the highest rainfall areas of the West ,              a large
number of groundwater sources in unconfined aquifers are currently
estimated as     likely to reach equilibrium concentrations in the
range of 50-100 mg N0^/ l .
 ---pagebreak---                                  - 14-
III . USAGE IN THE COMMUNITY OF 6R0UNDWATER AS SOURCE OF DRINKING
       WATER * 1 *
The drinking water supplies in the Community are based to a large
extent on groundwater , as follows :
                                         X of drinking water from
                                         groundwater source
Belgium                                  76
Denma rk                                 99
France                                   68
Federal Republic of Germany              73
Republic of Ireland                      20
Ita ly                                   88
Luxembourg                               73
Nether lands                             65
-      ( 2)                              40
Spain
Portugal *^                              70
United Kingdom                           32
    Merkel Dr.     W. EC Workshop on Groundwater Protection against
    pollution by nitrates, Varese 1985 .
     Information from Spanish Ministry of Public Works and Urban
     Planning, Directorate General for Waterworks - 26.11.86
     Direct Communication Portuguese Ministry of Environment
 ---pagebreak---                                    - 15-
 IV . HEALTH HAZARDS FROM NITRATES IN DRINKING WATER
The EC limit of 50 mg / l of nitrate in drinking water in directive
80 / 778 / EEC was set on the basis that it would provide satisfactory
protection of human health .
The WHO Working Group on Health Hazards from Nitrates in Drinking
Water set up specifically to review the nitrate situation
concluded in its report dated 24 May 1984 , that drinking water
containing no more than the recommended level of 10 mg / l nitrate
nitrogen ( 44 mg / l of nitrates ) is of satisfactory quality for
bottle-fed infants to avoid the risk of methaemoglobinemia .
In many rural and isolated habitations relying on small private
water sources , the degree of control and frequency of sampling may
not be adequate to ensure sufficient protection .           Although ion
exchange cartridges have been developed for fixing to domestic
taps , to remove nitrate, there are health risks in using them ^ } .
The majority of cases of methaemoglobinaemia have occurred in
areas where no mains water supply has been available ; some
protection of these districts is therefore necessary .                The
measures contained in the attached proposal for a Council
Directive on the protection of freshwaters from pollution
accordingly aim to give protection by proposing steps to prevent
the waters from becoming enriched with nitrogen over the level of
50 mg nitrate / l ( Articles 2 , 3 and 4 ).
      Department of the Environment .           Central Directorate of
     Environmental Protection .     " Nitrate in Water " Pollution Paper
     No . 26 , HMSO 1986 .
 ---pagebreak---                                  - 16-
V. EUTROPHICATION OF CONHUNITY UATERS
Eutrophication is the term used for the increase in concentration
of nutrients in surface water leading to the excessive growth of
algae and aquatic plants . Eutrophication phenomena is well known
for still fresh waters such as lakes , man-made reservoirs , slow-
flowing rivers and canals , and also in shallow coastal waters such
as the Baltic and Wadden Sea .       Algae require about 10 times by
weight as much nitrogen as phosphorus for normal growth .     In most
fresh water bodies the amounts of nitrogen available compared with
those of phosphorus exceed this ratio, so that phosphorus is very
often the nutrient that controls algal growth .
There have been changes in the composition and overall level of
algae plancton in the Community 's seas .    This is due to increased
nutrient levels, particularly nitrates , which have led to the
marine eutrophication .     Under some circumstances the decay of
large algae blooms leads to a decrease in oxygen which in some
situations cause serious mortalities in the botton fauna as well
as fish death .   They can also cause serious effects on fishfarms
and the mussel fishery , killing the fish or contaminating the
mussels so they cannot be used for consumption .     The most current
examples are the algae blooms in Ray and June of 1988 affecting
fishfarms in Sweden and Norway and the blooms which affected the
Adriatic which had devastating effects on the tourist industry .
The noxious algae blooms seem to be more and more frequent and the
latest events show that it is not only shallow coastal areas being
affected but also parts of the open sea .
The ecological impact of eutrophication can be dramatic . Lakes ,
reservoirs, rivers and coastal waters are often significant
tourist attractions providing recreation and tourist amenities but
the uncontrolled growth of algae and aquatic plants decreases
transparency of the water and their eventual decomposition leads
to deoxygenation of water, the decline or disappearance of fish
life, adverse effect on the use for fisheries and impairment of
aesthetic qualities .
 ---pagebreak---                                   - 17-
Eutrophication may also cause problems for drinking water supply .
 For a   number of  reasons it   tends   to cause a   deterioration  of
quality and make water treatment more difficult and costly .        The
problems encountered include : rapid clogging of filters by diatoms
and algae ; disturbance of flocculation treatment by organic
substances ;     persistent   and unpleasant       taste and odour ;
di sco lorat ion due to manganese ,     iron or ammonia in abnormal
concentrations ; and the risk of increased bacterial growth in
drinking water due to the fouling of the distribution networks and
to the high nutrient content .      In order to counteract a number of
these problems eutrophied water is often highly chlorinated during
treatment and distribution .       High levels of both chlorine and
organic substances lead to significant concentrations of toxic
organochlorine compounds which are very undesirable in drinking
water and some of which are carcinogenic .
The industrial , agricultural and urban development experienced by
most Member States in the 1950s and 1960s , led to an increase in
eutrophication .    As a result , efforts have been focussed on the
" cleaning up" of important water bodies by controls on point
discharges to them from industrial and domestic sewage .         It now
seems clear that equal effort needs to be put into controlling
diffuse inputs from agricultural land .
 ---pagebreak---                                  - 18-
VI . CONSUMPTION OF FERTILIZER
Consumption of nitrogen fertilizer for the Twelve has risen from
1,709,805 metric tonnes in 1953 to 8,875,559 tonnes in 1982 .
Table 2 shows the consumption figures for nitrogen fertilizers for
the Twelve from 1953 to 1982 , while Table 3 shows the rise in
kg / ha of average application rates in the Community .
 ---pagebreak--- Xñ.tl_e_2_:  Consumption of Nitrogenous Fertil izers in the    Ten   and the Twelve from 1953   to  1982 in metric tonnes
             of plant nutrient
                  B- L    DK        FR      FRG         GR          IRL      IT        NL        UK        E-1 0     E-1 2
  1 953 / 54   100321     78528   295300  440000      3 7 3 21    1 2037   209024   1 72900     245900   1 557741  1 709805
  1 963 / 64   161642   1 52795   790672  74651 3   1 1 5933      34695    374984   289700      584000   3250934   367081 3
  1973 / 74    179225   365148  1 833083  1 1 00841 244293      1 30200    6721 78  41 1 974    874400   5811342   6667521
  1982 / 83    1 97000  391 392 2193000   1464524   408000      296000     967833   456718    1 560000   7937867   8875559
Source       FAO Fertilizer Yearbooks
 ---pagebreak---                                                        20
Table 3  Average application rates of Nitrogenous Fertilizers in the Ten and the Twelve from 1955 to 1982 in
         Kg per hectare of Plant Nutrient for Arable and Grassland excluding Rough Grazing
             B-L     DK         FR      FRG       IRL      IT      NL       UK       GR       E-1 0    E-1 2
 1 955      49 . 53 28 . 67   1 4 . 52  35.20   2 . 90    14.62    82.08     19.00   4.79     19.18    15.47
 1 965      88.92   63 . 70   31 . 62   67.15   6 . 80    27 . 44 141.39     56.10  15.05     41 . 22  32 . 86
 1 975     113.00   116.03    62 . 78   97.36  32.60      50 . 06 221.65     84.63  33 . 64   70.95    57.07
 1982      129.45   136.37    80 . 20  124.12  63 . 43    66 . 77 231.44    125.03  49.76    93.00     73 . 58
Source - FAO Fertili2er Yearbooks
 ---pagebreak---                                    - 21-
VII . ACTION TAKEN TO REDUCE THE DIFFUSE INPUTS OF NITROGEN TO THE
       ENVIRONMENT BY MEMBER STATES
       BELGIUM
       1 . French Speaking Regions
       Currently there are no regulations regarding the use of
       chemical fertilizers .    The approach to protecting water from
       fertilizer pollution involves :
       1 . An increase in awareness of soil composition ;
       2 . Official advisor 's recommendations for better use with
           regard to :
           - Fertilizer amounts used ,
           - Proper fertilizer application
      Animal manures
      There are no regulations on animal manure but regulations and
      organizational assistance are expected in the medium term to
      improve production, storage , transfer and use of effluent
      from intensive livestock farming .
      2 . Flemish region
      The use of nitrogenous fertilizers is limited to 400 kg N per
      hectare .    The animal population is limited to 4 adult cattle
      equivalents per hectare and permission is required for the
      storage of slurry in both underground and above-ground silos
      within a radius of 2 km of groundwater collection points as
      well as for the use of raw fodder silos ( ground and trench
      si los ) .
 ---pagebreak---                             -22-
 The spreading of nitrogenous fertilizers ( including slurry )
 is banned from September 1 to January 31 within a 2 km radius
 of groundwater collection points .
 Newly built animal housing is required to contain 6 month 's
 manure storage capacity .      Since February 1987 there is a
 flexible limitation on the size of indoor livestock units
which have no outdoor grazing facilities .
The Flemish government is preparing an order concerning
animal manures .   It is proposed that :
 1 . The Minister of the Environment will be empowered to
     decide when , how much and how slurry may be applied .
     Definite proposals for specific limits in these areas have
     not as yet been drawn up .
2 . The Minister will place a manure levy on each farming unit
     based on the number of animals and the production of
     manure per hectare .
3 . Provision will be made for the extension of one or more
     manure depots   to act  as intermediaries between manure
     surplus and manure deficit areas .
DENMARK
Chemical Fertilizers
At present there are no laws, regulations or controls on the
use of nitrogen from chemical fertilizers, except for some
areas which are protected as nature reserves , border on
special lake areas or are sensitive areas for groundwater
collection .
A Ministry of Agriculture Notice ( No . 655 of 9 October 1987 )
introduced a requirement that all farmers must establish
fertilization programmes for their land .      There is also a
 ---pagebreak---                             - гз-
 requirement that    45% of the farm area must     in 1988 have
vegetation on it in the autumn months up to October 20 . This
proportion is to increase to 55% in 1989 and to 65X in 1990 .
Animal manures
The use of animal manure is regulated by the Agricultural
Notice No . 668 of October 14 , 1987 . The main features are as
fo llows :
1 . After a transitional period , storage capacity for farmyard
    manure shall generally be sufficient for 9 months .
2 . Herd density may not exceed the following limits :
    Cattle farming ; 2.3 Animal units per ha .
    Pig farming ; 1.7 Animal units per ha .
    Arable farming , 1.7 Animal units per ha .
    If the animal population exceeds these limits ,   agreements
    on the disposal of manure must be made with neighbouring
    establishments .
3 . For liquid manures the following rules apply :
    - Manure spread on bare fields must be ploughed-in within
      12 hours of application .
    - Manure may not be spread on areas without vegetation
      which are frozen or snow covered .
    - Spreading is not permitted on areas without vegetation
      between harvest and November 1 .
    - Spreading may not take place at weekends closer than
      200m from residential areas .
 ---pagebreak---      ~ There must be no run-off into watercourses etc .
 4 . Local authorities may add special rules to the above if
     they consider that the use of farmyard manure is giving
     rise to nuisance .
 FEDERAL REPUBLIC OF GERMANY
There exists in the Federal Republic of Germany a collection
of legislative texts and regulations oriented , either
directly or indirectly , to the protection of the environment
and in particular the protection of water .
1 . Water Management Law
The law on the management of water foresees the possibility
of instituting " water protection zones " in which certain
operations could be forbidden or subject to restrictions ( for
example : the prohibiting - for a limited duration - of the
spreading of chemical fertilizers ).
The law on the management of water considers that liquid
manure , chemical fertilizers and silage are to be considered
to be dangerous substances for water .
2 . Federal law on protection against emissions
This law governs the registration and the control of all
installations used for the raising of livestock , with a view
to protection of the environment from their emissions .     It
fixes limits exceeding those with which the installations
must     be  in   accordance   and   contains   certain other
requirements .
 ---pagebreak---                                 - 25-
 3 . Law on waste
 The law on waste applies ,       in particular, ‘ to liquid manure ,
 chemical     fertilizers   and animal     manures which  exceed the
 "normal amount with          regard    to    the  fertilization   of
 agricultural land".
 It authorises the competent authorities to             regulate the
 spreading of liquid manure and animal manure .
 FRANCE
An     action    programme  has    been  adopted   to  help   in  the
preventive struggle against nitrate water pollution caused by
farming .       Its main purpose is to improve farm practice in
order to reduce nitrate leaching and to provide complete
information on this topic to agricultural advisors and
farmers .          Emphasis is placed on promoting rational
fertilizing which means using only the necessary amount of
nitrogen on crops and at the right time .
The Ministers for Agriculture and for the Environment adopted
an action programme in October 1987 to ease the problems of
intensive farming .        The programme refers to the following
areas :
1 . Quality of excreta ( e.g. Avoiding dilution )
2 . Storage : Nationally the minimum legal storage capacity for
     slurry is 45 days .     The ideal limit in Brittany would be
     about six months, because of rain conditions . The target
     in practice should be a minimum of 4 months .       For manure ,
     the goal is better collection of liquid and solid manure,
     from uncovered work areas .
 ---pagebreak---                                 - 26-
 3 . Manuring :
      - Better combination of chemical fertilizers and livestock
        manure .
     - Better manuring through manuring warnings .
     - Better monitoring of manuring plans .
     - Better techniques and equipment
 4 . Transport and/ or Processing :
     - Advertisements supply and demand for slurry and other
        excreta through minitel .
     - Study processing routes -either moist ( compost ) or dry
        ( granulation ) routes - for poultry excreta with a view
        to transportation .
     - Study pig slurry processing routes .
6REECE
Chemical Fertilizers
In relation to chemical fertilizers, there are no specific
laws, regulations or administrative provisions at this time .
The Ministry of Agriculture organizes a series of educational
seminars which recommend amounts of chemical fertilizers for
application to crops .       It also encourages the use of organic
fertilizers such as animal and poultry wastes in a controlled
manner
 ---pagebreak---                                 - 27-
 Regulation No . 8181 / 87 of the Ministry of Public Health deals
 with conditions for installation and proper operation of
 animal farms .      It also covers rules and measures for proper
management and treatment of solid and liquid wastes prior to
 thei r di sposal .
 There is     no   specific   requirement   for  nitrogen or other
 mineral removal prior to disposal ,,     except that of preferring
 land disposal for direct disposal of liquid wastes to water .
The future orientation of policy with regard to agriculture
and the environment will be concerned with :
1 . The integration of livestock farms in plant production
    systems which recycle wastes to the land and reduce the
    need for chemical fertilizers ;
2 . Education and participation of         farmers in   attempts to
    protect the environment in order to make the application
    of laws and regulations easier and more efficient ;
3 . The expansion of livestock and poultry farms in number and
    size in accordance with the requirements for protection of
    the environment .
LUXEMBOURG
In general , national and district administrations prefer to
establish zones of protection around the water springs
tapped , as well as to restrict or prohibit activities that
may cause underground or surface water pollution within these
zones .
Environmental       problems , related  to    intensive  farming   -
particularly of pigs - are addressed in the Grand Ducal
Regulation of March 18 ,        1982 .   Among other things ,    the
Regulation specifies conditions for storage and spreading of
solid and liquid manure from pig units .
 ---pagebreak---                             - 28-
 Recommendations from Ministries of Agriculture and the
 Environment regarding the spreading of liquid manure are also
 in existence .
IRELAND
Chemical Fertilizers
There are no statutory regulations          limiting the use of
chemical fertilizers .     While the use of these fertilizers ,
particularly nitrogen , has risen substantially over the past
twenty years this was from a very low base and the present
usage is not considered to be a cause for serious concern
relating to the environment .
The Irish research and advisory services have studied and
have made recommendations on the proper use of fertilizers
for different farm enterprises .       These recommendations are
conveyed to farmers in the course of educational and advisory
work .
Animal manures
A comprehensive and integrated programme of measures to
combat   water pollution,       particularly from agricultural
activities has been established .       The main features of the
programme are as follows :
1 . Increase in the power of local authorities to serve
    notices regulating practices ( such as silage making and
    animal manure spreading) which , in their opinion, pose a
    risk of pollution .
2.   Task forces have been established in each county and have
    carried out or are carrying out surveys of farms for the
    purpose of identifying potential sources of water
    pollution . Follow-up action is taken where necessary .
 ---pagebreak---                                - 29-
 3 . All farmers are circulated with brochures containing
      advice,    guidelines and recommendations for the prevention
      of pollution .
4 . Regulations exist to restrict the scale of agricultural
      development which can be undertaken without planning
      permission .
5 . Grant aid is available under the Farm Improvement Scheme
      for the storage of farm wastes and for machinery used for
      spreadi ng .
ITALY
Animal Manure
In Italy rules on this subject are laid down in the National
Law No .     319/ 76 ,  called the " Law on the control of water
pollution ".       This law distinguishes between two classes of
farm .
- industrial-type farms , i.e. farms without farmland or
    without enough farmland for the spreading of excrement ;
- agricultural-type farms ,       i.e. farms with enough land for
    muck spreading .
Farms in the first class come under the National law , while
those in the second class are subject to the regulations
which each Region adopts .
Three types of disposal of excrement are allowed :
- disposal in surface waters - this method requires treatment
    of the effluent in proper facilities ;
 ---pagebreak---                             -30-
- disposal in public drains with purification facilities ;
- spreading over farmland .
The industrial-type farms generally choose the first method ,
the agricultural type farms nearly always the third method .
Agricultural-type farms must       have a slurry / manure storage
capacity covering at least three months' production .
The  spreading  of  excrement    is   allowed   provided  that the
quantities applied are useful to agricultural production and
do not   contain poisonous   substances     liable to build up in
food or which are not bio-degradable .
On land where spreading is allowed ,       the greater quantity of
excrement applied must correspond to a livestock burden not
exceeding 4 tonnes per hectare .
The  local  authorities may    reduce this quantity      where the
chemi co-physical and hydro-geological characteristics of the
land so require .
THE NETHERLANDS
Chemical Fertilizers
The use of chemical fertilizers is not regulated in the
Netherlands due to the lack of suitable control means .        The
only exception being a proposal for banning the use of
chemical fertilizers in water catchment areas .
The policy is thus more oriented towards stimulating
effective use rather than towards the fixing of norms .
 ---pagebreak---                             - 31-
 Animal Manure
Given the fact that production of manure has increased from
 44 million tons in 1950 to 94 million tons in 1986 ,   measures
to prevent further increases have recently been taken to
solve the problem of surpluses , to limit the periods of
spreading and to fight against ammonia releases .
Those measures can be summarized as follows :
- extension of regulations prohibiting the increase of animal
   manure production ( in force since 1986 );
- codes of practice for the use of animal manure ;
- supervision and registration of animal manure production
   with a view to calculating taxes and instituting further
   controls ;
- fixing periods during which animal manure        spreading is
   forbidden .
PORTUGAL
Currently there     is no  legislation related to the use of
chemical fertilizers by farmers .      Similarly , no specific
legislative controls exist in the use of animal manures .
SPAIN
Chemical Fertilizers
No national    laws exist which control the use of     chemical
fertilizers by farmers .     This is also the situation in the
autonomous regions of Spain .
 ---pagebreak---                              -32-
Animal Manures
No national or regional laws exist in Spain,       specifically
related to monitoring and regulating intensive livestock
farming and the use of animal manures .
Intensive farming continues to be regulated by general
legis lation .
UNITED KINGDOM
Chemical Fertilizer
A major research and advisory effort has been mounted in
recent years aimed at eliminating wasteful over-application
of nitrogen .   Guidance on fertilizer applications is set out
in advisory publications, including those which form the
" Code of Good Agricultural Practice " which has a quasi -
statutory status under the Control of Pollution Act 1974 .
Extensive Government and privately funded research is
continuing into methods of maximising plant uptake of
fertilizer nitrogen ,      so reducing the residual amount
available in the soil for leaching as nitrate .
Animal Manure
A wide range of research has been carried out into the
efficient application of manure, slurry and other farm
effluents to land , aimed at ensuring that the risk of
pollution is minimised .        The advisory effort based on
research results centres upon four main éléments :
- reducing the quantities of effluents which need to be
   stored and disposed of , for example by separating clean and
   dirty water collection and drainage systems;
 ---pagebreak---                           - 33-
- improving the conditions of storage ,       for example by
  determining appropriate tank and lagoon designs and
  volumes , and developing new materials for silage clamp
  floors ;
- improving techniques for safe disposal of wastes to land ,
  such as low rate pumping and spraying systems , and new
  spreader designs ; and guiding farmers as to safe areas ,
  weather and soil conditions when spreading can take place .
- emphasizing the need to increase the utilisation of plant
  nutrients .
All four elements are covered in advisory literature,
including the Code of Good Agricultural Practice .          In
addition, a full advisory and design service on the control
and disposal of wastes is available to farmers individually .
 ---pagebreak---                                -34-
   VIII . PROPOSED COMMUNITY ACTION
The adoption, by certain Member States, of legislation on
intensive stock farming has conferred some urgency to propose a
common action not only with a view to protecting the
environment but also to avoid distortions of competition .
The aim of the proposal is to prevent the concentration of
nitrate reaching a level at which it could interfere with the
 legitimate uses of the water or could lead to eutrophication .
Community waters have many and varied uses . They act not only
as   a source    of drinking    waters but   also are   a valuable
touristic resource,     a medium of transportation,    a source of
recreational activity ,    they support fisheries and even have a
worth for their own intrinsic beauty .    The proposal is designed
to control the various diffuse sources of nitrate pollution
such that they do not impare these and other legitimate uses of
Community waters .
Problems with nitrate pollution are not expected to occur in
all Community waters,     freshwaters,   groundwaters,   estuarial ,
coastal and marine waters .      Certain areas are at far greater
risk than others .       The proposal therefore concentrates on
introducing measures for these vulnerable areas .    Member States
are asked to designate such areas ( Article 3 ) based on criteria
laid out in Annex I.
These criteria relate to :
a) the concentration of nitrate in waters used as sources for
    drinking water supplies , and
b) the potential for waters to become eutrophic * 1 *.
  The term eutrophication has been defined in Article 2 such
 that it only relates to waters which are nitrogen limited .
 Waters which are eutrophic and phosphorus limited are not
 covered by this proposal .
 ---pagebreak---                               -35-
Where waters cross national boundaries ,    provision is made for
Member States   to co-operate    in designating the appropriate
vulnerable areas .
Within the vulnerable zones Member States will need to take a
number of measures .     The disposal of animal manure poses a
great  problem for   a number     of Member    States particularly
because manure is often regarded by the farmer as a waste
product rather than a nutrient source . This proposal lays down
the maximum quantity of different animals' manure that can be
applied to the land .       It also requires Member States to
establish rules covering the method of application of manures
and the capacity of storage facilities .
Furthermore, Member States are required to establish land
application rates for chemical fertilizer on the basis of
ensuring compliance with Article 1 , taking into account the
rates at which different crops take up nitrogen from the soil
and the amount of nitrogen in the soil including that which has
been applied by the application of other types of fertilizers
such as sewage sludge , animal manures , etc .
For those vulnerable zones which have been designated due to
the problems of eutrophication, Member States will have to
ensure that sewage treatment works discharging to waters
flowing to or in these zones will treat their effluent such
that the concentration of nitrate is less than 10 mg / l .
In addition.   Article 4.3 lists a series of measures which
Member States should also consider .
In order to decide which areas should be vulnerable zones and
track the progress that is being achieved , Member States will
have to carry our regular monitoring .         The details of the
monitoring and the related analyses methods are outlined in
Annex 4 .    Results of the monitoring will be sent to the
Commission which will prepare a report at three yearly
intervals .
 ---pagebreak---                             -36-
From time to time there may be a need to update the technical
provisions of the directive .    The proposal provides for the
setting up of a regulatory Committee which will consider the
measures which are being proposed .
The timetable for the adoption      and implementation of the
directive is shown in figure 1 .
 ---pagebreak---                                               37
Fi g . _1
Notif ication of Directive .
♦ 2 years                                        Monitor uaters
                           Article 3 para 1      Article 5
                                                 Annex 4 , 1a & c
♦ 4 years                                        Make report
                           Article 4             Article 9
                                                 Annex 5
♦ 6 years . . .                                  Monitor waters    . .
                           Article 3 , para 4    Article 5
                                                 Annex 4 , 1 , b , c ,
♦ 8 years . . ,                                  Make report .
                                                 Article 9 , Annex 5
 ---pagebreak---                                      -38-
         Part B. Proposal for a Council Directive concerning the
          protection of fresh, coastal and Marine waters against
             pollution caused by nitrates fro* diffuse sources
     THE COUNCIL OF THE EUROPEAN COMMUNITIES,
     Having regard to the Treaty establishing the European Economic
     Community , and in particular Article 130 S;
     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
    ferti lizer ;
    Whereas , Council Resolution 88 / C209/ 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 ;
(1)
     0 J No . C 328, 7.12.1987, p. 1
 ---pagebreak---                                    -39-
     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 take 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 distribution to land , of
    nitrogen compounds , and by certain land management practises ;
    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
    re sources ;
    Whereas    the   second  programme  of  action  of  the  European
    Communities on the Environment ^** 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 ;
(1)
     0 J No . C 139, 13.6.1977 , p. 1
 ---pagebreak--- 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 co-operation between Member States and the Commission;
Whereas   the  Commission    should report   regularly  on   the
implementation of this Directive by the Member States ;
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                      41-
                                   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 subsoi l ;
( 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 ;
 ---pagebreak---                                  -42-
( 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 ).
                               Article 3
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
     1.
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
 ---pagebreak---                                   -43-
    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 1 Ci ), ( ii ) or.(iii ).
4 . Member States shall review and if necessary revise the
    designations as appropriate and 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 2 .       In vulnerable zones where
        special circumstances 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 water¬
              logged, flooded and frozen or snow-covered ground;
 ---pagebreak---                                   -44-
    iv )   the minimum distance to be left between water courses
            and the area onto which manure is applied ;
    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 environment .
    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 .
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;
 ---pagebreak---                                    -45-
         iii ) the minimum distance to be left between watercourses
               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 3, in order to fulfil the
     objectives in Article 1 .
4 . Member States shall ensure that municipal sewage, from a
     permanent population of 5000 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 / l 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 .
6 . For areas outside the vulnerable zones, Member       States should
     consider incorporating in guidelines of good          agricultural
     practice, the rules established under paragraph     Kb ) and 2(a )
     and ( b ), the livestock rates in Annex 2 and        the measures
     outlined in Annex 3 .
                                Artide 5
1 . Member    States  will monitor their waters in accordance with
     Annex 4 .
2 . The reference methods of measurement set out in Annex 4 to this
     Directive shall be used .
 ---pagebreak---                                   -46-
                              Articte 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 circumstances 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
 ---pagebreak---                                       -47-
     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 . Ca ) The Commission shall adopt the measures envisaged if they
           are in accordance with the opinion of the Committee .
     Cb ) 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 5
    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, regulations
   and administrative provisions necessary to comply with this
   Directive within two years of its notification .           They shall
   forthwith inform the Commission thereof .
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                  Articte 12
This directive is addressed  to Member States .
 ---pagebreak---                               Annex 1
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 / l
        nitrate if protective action is not taken .
( ii )  groundwaters intended for the abstraction of drinking
        water which contain more than 50 mg / l nitrate or could
        contain more than 50 mg / l 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 .
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                                 Annex 2
   Maximum number of manure producing animals per hectare of land
                     available for manure spreading
                                               Maximum number of
   Anima Is                                    animals per hectare
                                               (1 )
    Dai ry Cows                                              2
    Young Stock or beef cattle,                              4
    Fattening pigs                                          16
    Sous with piglets                                        5
    Turkeys , ducks                                        100
    Laying hens                                            133
    Young hens , 0-16 weeks                                285
( 1 ) Numbers are not cumulative
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                                 Annex 3
 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 .
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                                     Annex 4
 Monitoring F re qu en cy
 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 / l 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 .
 ---pagebreak---                                       -53-
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 ***
      0 J No . L 213, 22.8.1977 , p .   1
      O.J. No . L 334, 24.12.1977
 ---pagebreak---                                 -54-
                              Annex 5
The report to the Commission shall contain :
a ) a map showing the location of the designated vulnerable
    zones , distinguishing between existing and new zones and
    indicating, in each case, the paragraph in Annexe 1 under
    which the zone was designated ;
b) a map showing the location of all sampling points ;
c ) the results of the monitoring carried out under Article 5
    and in accordance with Annex 4 ;
d ) the rules describes in Article 4 , paragraph 1 ( b );
e ) the maximum application rates as described in Article 4 ,
    paragraph 2 ( a ) and rules described in Article 4, paragraph
    2 ( b ).
f ) the    records   maintained   in  accordance with    Article 4
    paragraph 5 .