Nitrate Directive: outcomes of gap analysis and institutional assessment' Next steps towards converg

1
Nitrate Directive outcomes of gap analysis and
institutional assessment. Next steps towards
convergence.

Legislation and Institutional Working Group 6
March 2008 Ludmila Gofman, national
team leader
2
List of legislation reviewed

• Draft Water Law, (P version, 27.02.2008) )
• Environmental Protection Law no. 1515 of
  16.06.93
• Law on Ecological Agrifood Products no. 115 of 
  09.06.2005
• Law on phytosanitary products and fertilizers No.
  119 of  22.06.2004
• Law on noxious products and substances regime
  No. 1236 of 03.07.1997
• Regulation import, storage, commercialization,
  and use of phytosanitary products and
  fertilizers, GR Nr. 1045 of  05.10.2005
• Rules on surface water protection of 01.03.1991,
  adopted by the State Committee of Nature
  Protection of URRSS
• Hygienic Regulation Protection of water bodes
  against pollution no. 06.6.3.23 of 3 July 1997
• GR No. 934 of 15.08.2007 on setting up of
  automatic informational system State Register of
  natural, potable mineral waters and canned
  non-alcoholic drinks.

3
Main objectives of the Directive (1)

• To reduce or prevent water pollution caused by
  nitrates from agricultural sources (diffuse
  sources)
• Designed to protect drinking water supplies and
  prevent eutrophication of freshwater and marine
  waters

4
Key elements missing in the national legislation

• Identification of surface waters groundwater
  affected or which could be affected by nitrate
  pollution
• - waters that contain or could contain more
  than 50 mg/l of nitrate
• - waters which are eutrophic or may become
  eutrophic in the near future.
• Setting up of Nitrate Vulnerable Zones (NVZ)

5
Main objectives of the Directive (2)

• Establish Code(s) of Good Agricultural Practice
  (GAP) to be implemented by farmers on a voluntary
  basis
• Application of a Code of good agricultural
  practice is mentioned in Art.17 of the Law on
  phytosanitary products and fertilizers
• A code with a minimal content, in accordance to
  the Directive provisions, was developed in 2007
  in the framework of the Agricultural Pollution
  Control GEF Project, financed by the World Bank.
• 500 copies were distributed to farmers in all
  districts of the country with the help of
  National Agency for Rural Development NGO

6
Main objectives of the Directive (3)

• Implementation of action programmes in vulnerable
  zones (on individual NVZ or part of zones)
• Alternatively, the member state may establish a
  single action programme on the entire territory
  of the member state (without setting up
  vulnerable zones)

7
Content program of measures

• Mandatory measures for fertilizer storage,
  limitation the use of fertilizers containing
  nitrates, and establishing limits for animal
  manure use
• Certificate of approbation that also comprises
  information on application doses
• Permitting the storage of phytosanitary products
  and fertilizers in special storage vessels

8
Quality Standards

• Monitoring of surface and groundwater quality
  against a maximum limit of 50 mg NO3/l
• 40 NO3/l in fishing waters according to the Rules
  on surface water protection of 01.03.1991
• 50 NO3 mg/dm3 in surface water bodies used for
  drinking, household and cultural purposes
  according to the Hygienic Regulation from 1997
• 50 NO3 mg/l in underground mineral waters, GR No.
  934 of 15.08.2007 on setting up of automatic
  informational system

9
Next steps

• Programmes of measures
• Amendments to existing and planned legislation
  (Draft Water Law, Law on phytosanitary products
  and fertilizers, secondary legislation)
• Economic incentives

10
National institutional framework

• Interested authorities (Ministry of Agriculture
  and Food Industry, Ministry of Ecology and
  Natural Resources, Ministry of Health)

11
Competences according to the Directive (1)

• Designation of nitrate vulnerable zones
• Establishing codes of good agricultural practice
  Ministry of Agriculture and Food Industry
• Development of action plans (sensitive zones)
  MENR, Ministry of Agriculture and Food Industry

12
Competences according to the Directive (2)

• Monitoring nitrate concentration in freshwaters
  MENR, Ministry of Health
• Reporting on undertaken prevention actions and
  water status