+COUNCIL DIRECTIVE of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)
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---+ANNEX I CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN ARTICLE 3 (1)
---+ANNEX II CODE(S) OF GOOD AGRICULTURAL PRACTICE
---+ANNEX III MEASURES TO BE INCLUDED IN ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 5 (4) (a)
---+ANNEX IV REFERENCE METHODS OF MEASUREMENT
---+ANNEX V INFORMATION TO BE CONTAINED IN REPORTS TO IN ARTICLE 10
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English -
European Union -
Environment -
COUNCIL DIRECTIVE of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)
COUNCIL DIRECTIVE
of 12 December 1991
concerning the protection of waters against pollution caused by nitrates from agricultural sources
(91/676/EEC)
1. Przegląd
| Tytuł |
Regulacja |
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Article 1
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Article 1
This Directive has the objective of:
—
reducing water pollution caused or induced by nitrates from agricultural sources and
—
preventing further such pollution.
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Article 2
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Article 2
For the purpose of this Directive:
(a)
‘groundwater’: means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil;
(b)
‘freshwater’: means naturally occurring water having a low concentration of salts, which is often acceptable as suitable for abstraction and treatment to produce drinking water;
(c)
‘nitrogen compound’: means any nitrogen-containing substance except for gaseous molecular nitrogen;
(d)
‘livestock’: means all animals kept for use or profit;
(e)
‘fertilizer’: means any substance containing a nitrogen compound or nitrogen compounds utilized on land to enhance growth of vegetation; it may include livestock manure, the residues from fish farms and sewage sludge;
(f)
‘chemical fertilizer’: means any fertilizer which is manufactured by an industrial process;
(g)
‘livestock manure’: means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form;
(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;
(i)
‘eutrophication’: means 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;
(j)
‘pollution’: means the discharge, directly or indirectly, of nitrogen compounds from agricultural sources into the aquatic environment, the results of which are such as to cause hazards to human health, harm to living resources and to aquatic ecosystems, damage to amenities or interference with other legitimate uses of water;
(k)
‘vulnerable zone’: means an area of land designated according to Article 3 (2).
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Article 3
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Article 4
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Article 5
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Article 6
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Article 7
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Article 7
The Commission may draw up guidelines for the monitoring referred to in Articles 5 and 6 in accordance with the regulatory procedure referred to in Article 9(2).
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Article 8
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Article 8
The Commission may adapt the Annexes to this Directive to scientific and technical progress.
Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3).
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Article 9
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Article 10
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Article 11
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Article 11
On the basis of the information received pursuant to Article 10, the Commission shall publish summary reports within six months of receiving the reports from Member States and shall communicate them to the European Parliament and to the Council. In the light of the implementation of the Directive, and in particular the provisions of Annex III, the Commission shall submit to the Council by 1 January 1998 a report accompanied where appropriate by proposals for revision of this Directive.
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Article 12
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Article 13
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Article 13
This Directive is addressed to the Member States.
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ANNEX I CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN ARTICLE 3 (1)
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ANNEX I
CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN ARTICLE 3 (1)
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A.
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Waters referred to in Article 3 (1) shall be identified making use, inter alia, of the following criteria:
1.
whether surface freshwaters, in particular those used or intended for the abstraction of drinking water, contain or could contain, if action pursuant to Article 5 is not taken, more than the concentration of nitrates laid down in accordance with Directive 75/440/EEC;
2.
whether groundwaters contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if action pursuant to Article 5 is not taken;
3.
whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become euthropic if action pursuant to Article 5 is not taken.
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B.
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In applying these criteria, Member States shall also take account of:
1.
the pyhsical and environmental characteristics of the waters and land;
2.
the current understanding of the behaviour of nitrogen compounds in the environment (water and soil);
3.
the current understanding of the impact of the action taken pursuant to Article 5.
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ANNEX II CODE(S) OF GOOD AGRICULTURAL PRACTICE
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ANNEX II
CODE(S) OF GOOD AGRICULTURAL PRACTICE
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A.
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A code or codes of good agricultural practice with the objective of reducing pollution by nitrates and taking account of conditions in the different regions of the Community should certain provisions covering the following items, in so far as they are relevant:
1.
periods when the land application of fertilizer is inappropriate;
2.
the land application of fertilizer to steeply sloping ground;
3.
the land application of fertilizer to water-saturated, flooded, frozen or snow-covered ground;
4.
the conditions for land application of fertilizer near water courses;
5.
the capacity and construction of storage vessels for livestock manures, including measures to prevent water pollution by run-off and seepage into the groundwater and surface water of liquids containing livestock manures and effluents from stored plant materials such as silage;
6.
procedures for the land application, including rate and uniformity of spreading, of both chemical fertilizer and livestock manure, that will maintain nutrient losses to water at an acceptable level.
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B.
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Member States may also include in their code(s) of good agricultural practices the following items:
7.
land use management, including the use of crop rotation systems and the proportion of the land area devoted to permanent crops relative to annual tillage crops;
8.
the maintenance of a minimum quantity of vegetation cover during (rainy) periods that will take up the nitrogen from the soil that could otherwise cause nitrate pollution of water;
9.
the establishment of fertilizer plans on a farm-by-farm basis and the keeping of records on fertilizer use;
10.
the prevention of water pollution from run-off and the downward water movement beyond the reach of crop roots in irrigation systems.
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ANNEX III MEASURES TO BE INCLUDED IN ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 5 (4) (a)
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ANNEX III
MEASURES TO BE INCLUDED IN ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 5 (4) (a)
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1.
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The measures shall include rules relating to:
1.
periods when the land application of certain types of fertilizer is prohibited;
2.
the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the vulnerable zone is prohibited, 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;
3.
limitation of the land application of fertilizers, consistent with good agricultural practice and taking into account the characteristics of the vulnerable zone concerned, in particular:
(a)
soil conditions, soil type and slope;
(b)
climatic conditions, rainfall and irrigation;
(c)
land use and agricultural practices, including crop rotation systems;
and to be based on a balance between:
(i)
the foreseeable nitrogen requirements of the crops,
and
(ii)
the nitrogen supply to the crops from the soil and from fertilization corresponding to:
—
the amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree (outstanding amounts at the end of winter),
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the supply of nitrogen through the net mineralization of the reserves of organic nitrogen in the soil,
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additions of nitrogen compounds from livestock manure,
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additions of nitrogen compounds from chemical and other fertilizers.
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2.
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These measures will ensure that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed a specified amount per hectare.
The specified amount per hectare be the amount of manure containing 170 kg N. However:
(a)
for the first four year action programme Member States may allow an amount of manure containing up to 210 kg N;
(b)
during and after the first four-year action programme, Member States may fix different amounts from those referred to above. These amounts must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 and must be justified on the basis of objectives criteria, for example:
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crops with high nitrogen uptake,
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high net precipitation in the vulnerable zone,
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soils with exceptionally high denitrification capacity.
▼M2
If a Member State allows a different amount under point (b) of the second subparagraph, it shall inform the Commission, which shall examine the justification in accordance with the regulatory procedure referred to in Article 9(2).;
▼M3
(c)
Member States may authorise, above the amount of 170 kg nitrogen per hectare per year as set out in this subparagraph and up to a separate additional limit of 80 kg nitrogen per hectare per year, the use of certain fertilising materials from livestock manure that have undergone processing, provided all the following conditions are met:
(i)
the livestock manure component of the fertilising material has undergone a treatment process that increases the concentration of nitrogen in mineral form, urea nitrogen or crystal-bound nitrogen, expressed as a percentage by weight of the total nitrogen compared to the input to the treatment process, resulting in any of the following:
(1)
an ammonium salt (scrubbing salt), stemming from a gas purification or emission control process designed to remove ammonia from off-gases;
(2)
a mineral concentrate obtained through reverse osmosis;
(3)
a nitrogen-rich phosphate salt (struvite), precipitated out of livestock manure;
(ii)
the fertilising materials are of consistent quality across batches and have a ratio of mineral nitrogen to total nitrogen of at least 90 % or a ratio of organically bound carbon to total nitrogen of no more than 3, in both cases correcting for any nitrogen derived from component materials that do not originate from manure and contain more than 3 % of nitrogen on a dry matter basis;
(iii)
the fertilising materials do not exceed the following upper limits:
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copper (Cu): 300 mg kg-1 dry matter,
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zinc (Zn): 800 mg kg-1 dry matter;
(iv)
pathogens in the fertilising materials containing more than 1 % organic carbon do not exceed the following upper limits:
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Micro-organisms to be tested
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Sampling plans
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Limit
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n
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c
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m
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M
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Salmonella spp.
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5
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0
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0
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Absence in 25 g or 25 ml
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Escherichia coli or enterococci
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5
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5
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0
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1 000 in 1 g or 1 ml
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Where:
n = number of samples to be tested,
c = number of samples where the number of bacteria expressed in colony forming units (CFU) is between m and M,
m = threshold value for the number of bacteria expressed in CFU that is considered satisfactory,
M = maximum value of the number of bacteria expressed in CFU.
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(v)
Member States implement strict quality standards to ensure a consistent nutrient content in fertilising materials across production batches in line with the criteria set out in point (ii);
(vi)
Member States ensure that the fertilising material is accompanied by documentation containing information on the content of nitrogen (N) and phosphates (P2O5) where the concentration of any of those elements exceeds 1 % of dry matter, with a maximum deviation of 25 % from the declared value;
(vii)
Member States ensure that livestock numbers and manure production do not increase as a result of the application of this point, (i) at national level when nitrogen content of total annual national manure production per hectare of utilised agricultural area (UAA) exceeds 75 % of the 170 kg N per hectare limit set out in this subparagraph; and (ii) at the level of NUTS 2 territorial units where the authorisation is given, when nitrogen content of the total annual manure production per hectare of UAA in these territorial units exceeds 75 % of the 170 kg N per hectare limit set out in this subparagraph;
(viii)
Member States tighten the limitations on land application of fertilisers (fertilisation rates), set out in point 1, paragraph 3 of this Annex, to take into account the increased risks of nitrogen loss in water and air resulting from the use of fertilising materials meeting the conditions set out in points (i) to (iv) of this point, while applying a mineral fertiliser equivalence coefficient of 1 for such materials. Member States ensure as far as possible the maintenance of a living plant cover or equivalent measures on land where fertilising materials meeting the conditions in points (i) to (iv) of this point are applied; Member States ensure that, where relevant to prevent the loss of ammonia from agricultural soils, appropriate precautions are taken during the land application of fertilising materials meeting the conditions in points (i) to (iv) of this point, in particular, through injection, immediate incorporation of surface-applied materials, or equivalent measures;
(ix)
Member States take measures to prevent to the extent possible emissions, including emissions to air, resulting from storage of fertilising materials meeting the conditions in points (i) to (iv) by defining appropriate storage conditions and requirements for such materials;
(x)
Member States take all necessary measures to ensure that the use of fertilising materials meeting the conditions set out in points (i) to (iv) of this point does not prejudice the attainment of the objectives of this Directive, of Council Directive 92/43/EEC (
3
) and Directives 2000/60/EC (
4
), (EU) 2016/2284 (
5
), (EU) 2020/2184 (
6
) and 2008/50/EC (
7
) of the European Parliament and of the Council in so far as the measures of the action programme are relevant to those Directives. Member States take measures to prevent adverse effects in and around Natura 2000 areas, and in the vicinity of drinking water abstraction points, in accordance with Directive 92/43/EEC and Directive (EU) 2020/2184, respectively.
Where Member States apply this point of the second subparagraph they shall notify the Commission thereof. In addition, they shall, as part of the report referred to in Article 10, report on its application, including annual data on the amount of materials produced meeting the conditions set out in points (i) to (iv) of this point and on livestock density and manure production at national level and at the level of NUTS 2 territorial units as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council (
8
).
▼B
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3.
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Member States may calculate the amounts referred to in paragraph 2 on the basis of animal numbers.
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4.
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Member States shall inform the Commission of the manner in which they are applying the provisions of paragraph 2. In the light of the information received, the Commission may, if it considers necessary, make appropriate proposals to the Council in accordance with Article 11.
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ANNEX IV REFERENCE METHODS OF MEASUREMENT
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ANNEX IV
REFERENCE METHODS OF MEASUREMENT
Chemical fertilizer
Nitrogen compounds shall be measured using the method described in Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (
9
), as amended by Directive 89/519/EEC (
10
).
Freshwaters, coastal waters and marine waters
Nitrate concentration shall be measured in accordance with Article 4a (3) of Council Decision 77/795/EEC of 12 December 1977 establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community (
11
), as amended by Decision 86/574/EEC (
12
).
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ANNEX V INFORMATION TO BE CONTAINED IN REPORTS TO IN ARTICLE 10
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ANNEX V
INFORMATION TO BE CONTAINED IN REPORTS TO IN ARTICLE 10
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1.
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A statement of the preventive action taken pursuant to Article 4.
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2.
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A map showing the following:
(a)
waters identified in accordance with Article 3 (1) and Annex I indicating for each water which of the criteria in Annex I was used for the purpose of identification;
(b)
the location of the designed vulnerable zones, distinguishing between existing zones and zones designated since the previous report.
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3.
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A summary of the monitoring results obtained pursuant to Article 6, including a statement of the considerations which led to the designation of each vulnerable zone and to any revision of or addition to designations of vulnerable zones.
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4.
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A summary of the action programmes drawn up pursuant to Article 5 and, in particular:
(a)
the measures required by Article 5 (4) (a) and (b);
(b)
the information required by Annex III (4);
(c)
any additional measures or reinforced actions taken pursuant to Article 5 (5);
(d)
a summary of the results of the monitoring programmes implemented pursuant to Article 5 (6);
(e)
the assumptions made by the Member States about the likely timescale within which the waters identified in accordance with Article 3 (1) are expected to respond to the measure in the action programme, along with an indication of the level of uncertainty incorporated in these assumptions.
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1.1 Odwołania
1.2 Zidentyfikowane wymagania
1.3 Powiązane normy
2. Zidentyfikowane wymagania
Wymagania
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Wymaganie |
3. Powiązane normy
Powiązane zgłoszenia
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