Revision of the ‘Nitrates Directive’ in relation to its impact on the economic sustainability of agricultural activities

Subject: Revision of the ‘Nitrates Directive’ in relation to its impact on the economic sustainability of agricultural activities

The impact of agricultural activities on their economic sustainability, further to the establishment of so- called Nitrate Vulnerable Zones (NVZs) under Directive 91/676/EEC, has prompted many national governments to request exemptions allowing for higher tolerance levels than those set out in Annex III.

Further problems in the implementation of the legislation have arisen in relation to the bans on land application as defined in Annexes II and III. Such constraints, when applied to Alpine areas such as Lessinia, which have steeply sloping terrain and frequent rainfall, result in the cessation of agricultural activities and the possible bankruptcy of local farms.

In the case of family farms, the obstacles in question are in addition to the administrative burden posed by the procedures required in order to achieve the directive’s objectives.

Can the Commission therefore say:

1. whether it acknowledges that any extension of NVZs would be liable to create unsustainable costs for the agricultural sector in regions such as Veneto;

2. whether, in view of the pan-European nature of the difficulties described, not to mention the specific requirements of the above-mentioned Alpine areas, it will begin revising the directive, in order to strike a better balance between the preservation of healthy water and the operational needs of the agricultural sector?

Answer given by Mr Sinkevičius on behalf of the European Commission (24 February 2020)

1. The objective of the Nitrates Directive (1) adopted by the European Parliament and the Council is to reduce and prevent water pollution by nitrates from agricultural origin. Nitrate Vulnerable Zones (NVZs) need be designated only when waters are considerably polluted (2). Within NVZs, Member States must adopt certain measures to achieve balanced fertilisation and avoid pollution, taking into account the best available scientific evidence and the physical, geological and climatic conditions of each region.

In NVZs, while the amount of nitrogen that can be applied is set in the national or regional action programmes, manure application is limited to the amount containing 170 kg N ha/year. However, Member States may request the Commission to authorise a higher amount for agronomic reasons, provided this does not prejudice the achievement of the directive’s objectives. No other provision of the directive can be derogated from.

In NVZs, farmers should have sufficient storage capacity for livestock manure. EU Rural Development funds may support compliance with this obligation for 12 months from the date it became mandatory and for young farmers for 24 months after their setting up for the first time (3).

2. The Nitrates Directive was included in the Fitness-Check of the EU Freshwater Policy (4), which confirmed that the overall relevance of the directive is well-founded and that its provisions remain a key element in the protection of European waters. The directive leaves it to the national authorities to define and implement the most appropriate measures to achieve its water quality objectives. While water pollution caused by agricultural nitrates has decreased in the EU in the last two decades thanks to EU legislation, worrying hotspots remain and need reinforced action by Member States (5).

⋅1∙ https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:01991L0676-20081211

⋅2∙ i.e. with concentrations above 50 mg/l or eutrophic, or that could reach that concentration or become eutrophic is no action is taken, Annex I of the directive.

⋅3∙ Regulation (EU) No 1305/2013, Article 17(5) and 17(6).

⋅4∙ https://ec.europa.eu/environment/water/blueprint/fitness_en.htm

⋅5∙ European Commission Report COM(2018) 257.