Fighting water pollution from agricultural nitrates

SUMMARY OF:

Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources

WHAT IS THE AIM OF THE DIRECTIVE?

Known as Nitrates directive, it aims to reduce water pollution from nitrates used for agricultural purposes and prevent any further pollution.
It forms an integral part of the water framework directive (Directive 2000/60/EC – see summary) of the European Union (EU) and is closely linked to other EU policies that address air quality, climate change and agriculture.

KEY POINTS

EU Member States must do the following.

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

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

Derogations

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

The following derogation decisions are currently in force:

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

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive had to be transposed into national law by 19 December 1993.

BACKGROUND

Nitrogen is a vital nutrient that helps plants and crops to grow. However, high concentrations are harmful to people and nature, and the agricultural use of nitrates in organic and chemical fertilisers can be a major source of water pollution. Farming is responsible for over 50% of total nitrogen discharges into surface waters.

For further information, see:

The EU nitrates directive factsheet (European Commission)
The nitrates directive (European Commission).

KEY TERMS

Eutrophication. The enrichment of water by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life, to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned.

MAIN DOCUMENT

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, pp. 1–8).

Successive amendments to Directive 91/676/EEC have been incorporated in the original text. This consolidated version is of documentary value only.