Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
IMPLEMENTATION PLAN FOR COUNCIL DIRECTIVE 91/676/EEC
CONCERNING THE PROTECTION OF WATERS AGAINST POLLUTION CAUSED BY
NITRATES FROM AGRICULTURAL SOURCES
I.
Responsibilities
Responsibility for the
Directive:
Ministry of Agriculture (MA)
Scope of activities:
agricultural management (code of good agriculture practice, action
programmes, and implementation of required measures)
Expert responsible:
Mr. Martin Fantyš, MA, Department of Rural Development Support
Co-operating Ministry:
Ministry of the Environment (ME)
Scope of activities:
water protection (monitoring of water quality, designation
of vulnerable zones)
Contact person:
Mr. Václav Dvořák, ME, Department of Water Protection
Specialist:
Mrs. Hana Prchalová, Water Research Institute TGM
Transitional period:
The Czech Republic requests a transitional period for the
implementation of the Directive until the end of 2006 for the
introduction of required measures in the agriculture sector.
II.
Main objectives of the Directive
The main objectives of the Nitrates Directive are twofold:
 to reduce pollution caused or induced by nitrates from agricultural sources; and
 to prevent further water pollution of this type.
III.
Plan for meeting the requirements of the Directive
A. Main requirements of the Directive
1. Identify waters polluted or threatened by nitrates from agricultural sources and establish a
regular monitoring programme (Art. 3 and 6)
2. Decide whether to identify nitrate vulnerable zones on an individual basis or whether to apply
mandatory action programmes throughout the whole territory of the Czech Republic (Art. 3)
3. Designate nitrate vulnerable zones (Art. 3 and 6, Annexe I)
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Implementation plan for Council Directive 91/676/EEC
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4. Establish a code or codes of good agricultural practice (Art. 4, Annexe II)
5. Establish, implement and enforce action programmes (Art. 5, Annexe III)
6. Horizontal requirements:
6.1. Responsibilities
6.2. Representation of the CR in the Committee (Art. 9)
6.3. Reporting (Art. 10, Annexe V, Art. 12)
6.4. Nitrate pollution from other sources than agricultural
B. Plan for implementation of the requirements
1.
Identify waters polluted or threatened by nitrates pollution from agricultural
sources and establish a regular monitoring programme
a) Summary of the objective
The duty to identify waters affected by pollution and waters, which could be affected by pollution
- especially surface waters, groundwater and eutrophic waters, is given by Article 3 of the
Directive. The Directive stresses the importance of identification of waters that are not yet
eutrophic but could be if action pursuant Article 5 is not taken. The basic criteria for identifying
which polluted or threatened waters should be designated are specified in Annex I of the
Directive. In applying these criteria, Member States shall also take account of the physical and
environmental characteristics of the land and waters, the current understanding of the behaviour
of nitrogen compounds in the environment and the current understanding of the impact of the
action programmes taken pursuant to Article 5.
For the needs of the Nitrates Directive it is necessary to distinguishes between two different types
of monitoring:
1. that intended for identification of polluted and threatened waters and the consequent
designation of nitrate vulnerable zones; and
2. that intended for assessment of the effectiveness of the action programmes.
The first type of monitoring involves the whole territory of the CR; nitrates in surface waters and
groundwater are monitored at representative places, i.e. those where pollution from agricultural
sources can be ascertained. Even though greater emphasis is put on surface fresh waters used or
intended for human consumption the EU does not recommend to limit the monitoring to the
existing sampling site, because it assumes that the results could be biased from the real state. For
the purpose of designation and revising of vulnerable zones, Member States shall within two
years of notification of the Directive, monitor the nitrate concentration in freshwaters over a
period of one year in the following manner:
 At surface water sampling sites selected in accordance with Directive 75/440/EEC on the
quality of surface water for drinking water abstraction and/or at other representative sampling
stations at least once a month and more frequently during flood periods.
 At sampling stations, which are representative of the groundwater aquifers of Member States,
at regular intervals and taking into account the provisions of Directive 80/778/EEC.
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Member States shall repeat this monitoring programme at least every 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 has appeared, in which case the monitoring need to be repeated only every
eight years. Member States also have the duty to review the eutrophic state of their fresh surface
waters and estuarial and coastal waters every four years.
The second type of monitoring concerns only vulnerable zones and should be aimed mainly at
polluted and threatened waters detected by the first type of monitoring. Apart from monitoring
the nitrate content in waters it will also be necessary to find out in detail the input of nitrates,
their levels in soils and the rate of nitrogen contamination. It will be necessary to develop the
methods for this kind of monitoring.
All measurement will be effected in accordance with the reference methods of measurement as
set out in Annex IV and Article 9.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the current state of waters in relation to the Directive requirements
Responsibility:
ME (TGM WRI)
Date:
06/2000
 Identification of the necessary data (water quality parameters and sampling points)
Responsibility:
ME (TGM WRI)
Date:
12/2000
 Collection of the necessary water quality data
Responsibility:
ME (TGM WRI)
Date:
06/2001
 Preparation of methods for water quality data assessment
Responsibility:
ME (TGM WRI)
Date:
06/2001
 Water quality data assessment
Responsibility:
ME (TGM WRI)
Date:
12/2001
Implementation phase
 Specification of the criteria for identification of waters polluted or threatened by nitrates from
agricultural sources
Responsibility:
ME
Date:
12/2000

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Identification of waters polluted or threatened by nitrates from agricultural sources
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
Responsibility:
Date:
ME
12/2002
Revision phase
 Preparation / refinement of methods:
 Proposal of monitoring network and sampling programme
 Refinement of methods for monitoring data assessment
Responsibility:
ME
Date:
12/2002

Regular data provision (collection, storage, assessment), establishment of a monitoring
network as required by the Directive.
Responsibility:
ME/MA
Date:
12/2002

Periodical (every four year) revision of the monitoring extent and of the criteria for waters
identification (connected to the revision of the vulnerable zones’ extent)
Responsibility:
ME
Date:
since the start of monitoring every four years

Periodical (every four year) revision of the identification of waters polluted or threatened by
nitrates from agriculture
Responsibility:
ME
Date:
since the start of monitoring every four years
Reporting
 Reporting to the Czech competent authorities
 Submitting the data from the monitoring to the institution responsible for their assessment
 Producing regular reports on the monitoring results and their assessment, submitting these
reports to the competent authority

Reporting to the European Commission
 Maps showing the waters identified in accordance with Art. 3 and Annex I
 Monitoring results
Responsibility:
ME
Date:
12/2003
2.
Decide whether to identify nitrate vulnerable zones on an individual basis or
whether to apply mandatory action programmes throughout the whole territory of
the Czech Republic
a) Summary of the objective
According to Article 3 of the Directive Member States are exempt from the obligation to identify
specific vulnerable zones, if they establish and apply action programmes referred to Article 5
throughout their national territory, that is the whole country becomes a vulnerable zone.
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b) Identification of implementation steps
The competent authority decide whether the CR will:
 identify nitrate vulnerable zones on an individual basis, or
 establish action programmes for the whole territory.
Responsibility:
Date:
MA/ME
6/2001
The official decision will be taken on the basis of preliminary identification of waters polluted or
threatened by nitrates from agricultural sources and the monitoring results of groundwater and
surface water quality. The currently available information (approximate designation of vulnerable
zones will be made by the end of 2000) indicates quite clearly that the designation of specific
vulnerable zones would be the most appropriate approach. The implementation strategy,
including the following chapters of this implementation plan, has been based on this assumption.
3.
Designate nitrate vulnerable zones
a) Summary of the objective
The procedure and criteria for the identification and revision of specific vulnerable zones are
specified in Article 3 and 6 and Annex I of the Directive. Member States shall, within two-years
period following the notification of the Directive, designate as vulnerable zones all known areas
of land which drain into the identified waters and which contribute to this pollution. Member
States shall review and if necessary revise or add to the designation of vulnerable zones as
appropriate, and at least every four years, to take into account changes and factors unforeseen at
the time of the previous designation.
b) Identifying individual steps
Preparatory phase of implementation
 Estimation of the extent of vulnerable zones
Responsibility:
ME (TGM WRI)
Date:
12/2000
 Identification of the necessary data for vulnerable zones designation
Responsibility:
ME/MA
Date:
12/2001
 Approximate designation of vulnerable zones on the basis of waters identification
Responsibility:
ME (TGM WRI)
Date:
12/2002
 Preparation of methods for designation of vulnerable zones
Responsibility:
ME/MA
Date:
06/2003
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Implementation plan for Council Directive 91/676/EEC
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 Data assessment for designation
Responsibility:
ME/MA
Date:
12/2003
Implementation phase
 Detailed designation and declaration of vulnerable zones (with respect to the cadastral units
and production areas)
Responsibility:
ME/MA
Date:
12/2004
Revision phase
 Refinement of methods for designation of vulnerable zones
Responsibility:
ME/MA
Date:
to be specified

Regular data provision (collection, storage, assessment) for revision of designated vulnerable
zones
Responsibility:
ME/MA
Date:
permanently since 2005
 Periodical revision of designated vulnerable zones
Responsibility:
ME/MA
Date:
since the end of 2004 every four year
Enforcement

Public information (especially for farmers) about the designation of vulnerable zones and
their revisions
Responsibility:
ME/MA
Date:
12/2004; since 1/2003 public discussions
Reporting
 Reporting to the Czech competent authorities
 Background data for designation of zones
Responsibility:
ME/MA
Date:
12/2004

Reporting to the European Commission
 Maps showing the location of the designated vulnerable zones, distinguishing between
existing zones and zones designated since the previous report
Responsibility:
ME/MA
Date:
6/2005 and since every four years
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Implementation plan for Council Directive 91/676/EEC
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4.
Establish a code or codes of good agricultural practice
a) Summary of the objective
Article 4 and Annex II concern the requirements for establishing a code or codes of good
agricultural practice. Code is a summary of the requirements for agricultural management
methods, which prevent excessive loads of waters by nitrates. The code should be implemented
by farmers on a voluntary basis (with the exception of vulnerable zones) and without any
financial compensation. The aim of this code is to provide for all waters a general level of
protection against pollution. Member States shall set up where necessary a programme, including
the provision of training and information for farmers, promoting the application of the code on
the whole national territory.
The code should at least contain the items mentioned in Annex IIA involving the procedures for
land application of fertilisers (timing, amount, method for their application for steep slops, watersaturated, flooded, frozen or snow covered ground and near watercourses) and the capacity and
construction of storage vessels for livestock manure. Member States may also in their code
include measures concerning land use management, sowing procedures, the proportion of the
land area devoted to permanent crops relative to annual tillage crops, vegetation cover,
establishment of fertiliser plans and prevention of water pollution from run-off. The items are not
defined in detail so each Member State can set up the given measures according to its specific
conditions, bases and experiences so that they are as effective as possible for the given area.
Where necessary, information and training programmes should be established for farmers,
promoting the application of the code of good agricultural practice.
b) Identification of implementation steps
Preparatory phase of implementation
 Assessment of the key technical operations in agriculture
Responsibility:
MA (RICP, RISWC)
Date:
identification of the key operations – 01/2000
assessment of impacts of the key operations on nitrates releases – 12/2004
Implementation phase
 Harmonisation of the objectives with the acceptability of the measures for farmers
Responsibility:
MA (RIAE)
Date:
06/2002
 Establishing and publication of a code the good agricultural practices
Responsibility:
MA (RICP, RISWC, RIAE)
Date:
12/2002
Revision phase
 Revision of the code of good agricultural practice
Responsibility:
MA (RICP, RISWC, RIAE)
Date:
to be specified on the basis of real needs
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Implementation plan for Council Directive 91/676/EEC
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
Regular monitoring of the implementation of the code of good agricultural practice
throughout the whole territory of the CR
Responsibility:
MA (RICP, RIAEN, RISWC, RIAE)
Date:
permanently from 2003
Enforcement
 Establishing the instruments for supporting the implementation of the code of good
agricultural practices
Responsibility:
MA (RIAE)
Date:
to be specified
 Awareness raising, training and information activities for farmers
Responsibility:
MA (RICP, RISWC, RIAE), ME (WRI TGM)
Date:
since 2001
Reporting
 Reporting to the European Commission
 The content of the code of good agricultural practice
 The level of application of the code by farmers
Responsibility:
MA
Date:
06/2003
5.
Establish, implement and enforce action programmes
a) Summary of the objective
Article 5 and the accompanying Annex III deals with establishment of action programmes for
vulnerable zones. Within a two-year period following the initial designation of vulnerable zones
or within of one year of each additional designation, Member States shall establish action
programmes. An action programme may relate to all vulnerable zones or different programmes
may be established for different vulnerable zones or part of zones. Action programmes shall take
into account available scientific and technical data mainly with reference to respective nitrogen
contribution originating from agricultural and other sources and environmental conditions in the
relevant region.
Action programmes shall be implemented within four years of their establishment and shall
consist of mandatory measures set out in Annex III and those measures, which are specified in
the code of good agricultural practice, except those which have been replaced with other
measures in the programme. Mandatory measures include rules relating to land application of
fertiliser (timing, dosage and limitation of application consistent with good agricultural practice),
land use and agricultural practice, including crop rotation system and capacity of storage vessels
for livestock manure.
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Member States shall moreover take, in the framework of the action programmes, such additional
measures or reinforced actions, as they consider necessary if it becomes apparent that the
mandatory measures will not be sufficient for achieving Directive objectives.
Action programmes are liable to checks every four years and if necessary can be amended.
According to the Directive a suitable monitoring or control programme must be developed and
implemented to judge the effectiveness of the action programmes. For this evaluation it is
necessary to establish criteria for indicating whether there has been a change, what kind of
change and to what extent.
Member States shall review and if necessary revise their action programmes, including any
additional measures at least every four years. To assess its effectiveness Member States shall
draw up and implement suitable monitoring programmes with assessment criteria.
b) Identification of implementation steps
Preparatory phase of implementation
 Analysis of the present state of the legislative measures concerning agricultural management
Responsibility:
MA
Date:
01/2000
 Preparation of action programmes
Responsibility:
MA
Date:
since 2001
 Pilot project on 2 –3 farms
Responsibility:
MA
Assumed beginning: 2000
 Identification of the necessary data on agricultural management and the natural conditions
Responsibility:
MA (RICP, RISWC), ME (WRI TGM)
Date:
12/2002 (estimate)
 Collection of the necessary data on agricultural management and the natural conditions
Responsibility:
MA (RICP, RISWC), ME (WRI TGM)
Date:
12/2003 (estimate)

Preparation of a list of measures for reducing the nitrates contamination of waters in different
conditions
Responsibility:
MA (RICP, RISWC)
Date:
06/2004

Preparation of methods for assessment of data on agricultural management and the natural
conditions
Responsibility:
MA (RICP, RISWC, RIAE), ME (WRI TGM)
Date:
12/2004
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Implementation plan for Council Directive 91/676/EEC
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Implementation phase
 Harmonisation of the objectives with the acceptability of the measures for farmers
Responsibility:
MA (RICP, RISWC, RIAE)
Date:
12/2004
 Working out action programmes (identification of measures for specific vulnerable zone)
Responsibility:
MA (RICP, RISWC, RIAE)
Date:
12/2004 (estimate)
 Adoption of the action programmes
Responsibility:
MA
Date:
6/2005 (estimate)
 Implementation of the action programmes
Responsibility:
MA
Date:
12/2006
Revision phase
 If necessary, revision of the method for the assessment of data on agricultural management
and natural conditions
Responsibility:
MA (RICP, RISWC, RIAE), ME (WRI TGM)
Date:
12/2005 (estimate)

Regular data provision (collection, storage, assessment) on agricultural management and the
natural conditions
Responsibility:
MA (RICP, RISWC, RIAE), ME (WRI TGM)
Date:
permanently
 Periodical revision of the action programmes
Responsibility:
MA
Date:
first revision 12/2008 and since every four years (estimate)
 Implementation of revised action programmes
Responsibility:
MA
Date:
within four years after their adoption
Enforcement
 Setting out instruments to support the implementation of the objectives
Responsibility:
MA (RIAE)
Date:
6/2005 (estimate)

Establishment and implementation of enforcement measures for ensuring compliance with
the action programme(s).
Responsibility:
MA/ME
Date:
12/2006
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Implementation plan for Council Directive 91/676/EEC
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 Awareness raising and training for farmers (action plans)
Responsibility:
MA (RICP, RISWC, RIAE), ME (WRI TGM)
Date:
permanently since 2003
Reporting
 Reporting to the Czech competent authorities
 Data on fertilising and agricultural management in vulnerable zone (from farmers)
 Reporting to the European Commission
 Summary of the action programmes, in particular:
 the mandatory measures
 any additional measures and/or reinforced actions
 the manner of applying the provisions on the capacity of storage vessels for
livestock manure
 any changes in the action programmes
 a summary of the results of the monitoring programmes focused on the
assessment of the action programme effectiveness
 approximate timescale within which the polluted waters are expected to respond
to the measure in the action programme
Responsibility:
MA
Date:
06/2007
6.
Horizontal requirements
6.1.
Responsibilities
It will be necessary to appoint the most appropriate body to the position of competent authority
which will take overall responsibility for meeting the requirements of the Directive and to
appoint the institutions which will carry out the specific requirements of the Directive (see
implementation steps) and those which will enforce them.
Responsibility:
Date:
6.2.
MA/ME
12/2005
Representation of the CR in the Committee
Article 9 describes the procedure by which all proposed changes to the Directive (introduction of
new measures according to the most recent evolution of understanding of nitrate pollution, etc.)
are accepted. In these matters the European Commission is assisted by a Committee, which is
composed of Member States’ representatives and chaired by a Commission representative. It will
be necessary to ensure the representation of the CR in this Committee.
Responsibility:
Date:
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date of accession
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Implementation plan for Council Directive 91/676/EEC
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6.3.
Reporting
According to Article 10 the Member States must, in respect of the four-year period following the
notification of this Directive (19.12.1991) and in respect of each subsequent four-year period,
submit a report to the Commission containing the information outlined in Annex V. The report
will indicate how the Member States are complying with the requirements of the Directive and
progress in elimination of water pollution caused by nitrates from agricultural sources. The report
must be submitted to the Commission within six months of the end of the period to which it
relates.
In connection with this requirement it will be necessary to establish a reporting system and
system of data collection, storage and assessment.
Responsibility:
Date:
6.4.
MA/ME
Every four years, not later than six months after the end of the period to
which report relates
Nitrate pollution from other sources than agricultural
With the aim of ensuring integrated water protection it will be necessary to identify other causes
of increased nitrate content in waters (in particular releases from industrial enterprises and
wastewater treatment plants) and propose the measures for improving the current state.
Responsibility:
Date:
IV.




V.
ME
12/2006
Requirements to the date of accession
Transpose the Nitrates Directive into national law
Ensure appropriate water monitoring for identification of waters and designation of
vulnerable zones
Identify waters polluted or threatened by nitrates from agricultural sources
Establish a code / codes of good agricultural practice
Current state
1. Monitoring
The existing State Network of Surface Water Quality Monitoring is not appropriate for the needs
of the Nitrates Directive, because it is focused on the main watercourses, where agricultural
pollution is masked by communal pollution. It seems that the network of the State Land
Reclamation Authority would be more suitable because it is aimed at small watercourses.
Nevertheless, it will be necessary in accordance with the Directive to identify measurement sites
which are influenced by other pollution sources than agricultural, establish measurement sites in
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the places where intensive agricultural activities have been carried out and amend the sampling
regime (determine the density of the sampling stations, set out the frequency of sampling and the
extent of the indicators).
For groundwater monitoring it is possible to use the existing State network which will need to be
extended (several hydrogeological areas, where agriculture is predominant, are not practically
monitored) and it will be necessary to increase the frequency of sampling (at present only twice a
year). With regards to the emphasis on drinking water and the financial cost of operating a greater
number of State monitoring installations it would be apt to supplement the results from the State
network with data from the operational monitoring of groundwater carried out by water suppliers.
For this purpose it will be necessary to change the current legislation as, at present, water
suppliers are not obliged to notify the results of analyses of raw water.
2. Agricultural management
Detailed analysis has shown that a predominant part of the provisions, which have to be included
in a code of good agricultural practice, are already laid out in the relevant legal documents of the
CR (Act No. 156/1998 Coll. on fertilisers and its implementing Decree) in a similar way to that in
the Directive as a general duty, but that greater precision is needed for some of the specifications.
The professional supervision over storing and application of fertilisers is carried out by the
Central Institute for Supervising and Testing in Agriculture. In the event of discovering an
irregularity this Institute has the right to impose corrective measures and to charge a fine for not
meeting the legally established duties or imposed measures. However, the possibilities of the
Institute to supervise and effectively enforce the implementation of these requirements across the
whole territory of the CR are limited. In the event of ascertaining and proving pollution or threat
to water quality, the water management authorities also have relevant responsibilities.
The question of changes to the cultures grown on agricultural land (in relation to the needs of
grassing over arable land) is currently the subject to amendments to Act No. 334/1992 Coll. on
protection of the agricultural land and its implementing Decree. In the protected zones the water
management authorities have the right to impose specific management regimes. Along with
assigned management regimes comes the right for financial compensation according to Act No.
252/1997 Coll. on agriculture.
VI.
Identification of problem areas, proposed measures
1. Monitoring
For the needs of the Nitrates Directive it will be necessary to adjust the current monitoring
networks, in part by supplementing the representative sampling stations / sites and in part by a
specific sampling programme. For the initial water identification and designation of vulnerable
zones it is likely that the existing data can be used, but it will not be possible for the revision
phase. The question remains open as to the extent of the monitoring for the assessment of the
effectiveness of the action programmes in the vulnerable zones.
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With regard to the costs of monitoring it will be necessary to legislatively specify the duties for
water suppliers to provide the operational data. However, these data will only have a
complementary character. For the monitoring and identification of polluted waters it will be
necessary to develop out several different methods.
2. Criteria for identification of waters polluted or threatened by nitrates from agricultural
sources
The problem of identification of water bodies polluted by nitrates, and the declaration of these
bodies as polluted or eutrophic because of nitrate releases, is linked to the assessment criteria.
These criteria will be of only a general nature and will be supplemented by methods for further
assessment because, in many cases, an individual approach will be needed. The assessment
methods will probably be developed in connection with future knowledge, experience and
possibilities of applying models.
3. Designation and revision of vulnerable zones
The bases for designation of vulnerable zones (identification of pertinent water bodies polluted or
threatened by pollution and the proposal for designation of vulnerable zones, including the
relevant monitoring and assessment of its results) will be carried out by the competent
professional institutes in the framework of its activities related to water management. Vulnerable
zones will be declared by Government Order.
4. Support for the implementation of the code of good agricultural practice
Preparation of a code of good agricultural practice, its publishing and dissemination, so that it is
available for every farmer, is one of the crucial and closely followed requirements of the
Directive. The code of good agricultural practice should be implemented on a voluntary principle
over the whole CR regardless of whether the vulnerable zones are designated or not. The
preparation of the code of good agricultural practice has already started and will be the subject of
a research project initiated in 2000 (see chapter XI.B.I).
To support the implementation of the code of good agricultural practice information and training
programmes will be established. The necessary funding for these programmes should come from
the State budget. The MA and its professional institutes should ensure the implementation of
these programmes. Several measures contained in Annex II of the Directive are laid out in the
Act No. 156/1998 Coll. on fertilisers, the application of which is obligatory.
5. Action programmes and the question of compensations
The most complex problem will be the implementation of action programmes in the designated
vulnerable zones. By action programme the Directive understands a whole set of mandatory
measures which are specified in Annex III of the Directive - e.g. the maximum allowed amount
of livestock manure (specified by contents of nitrates) applied to the land each year in the
designated vulnerable zones and the duty for owners and tenants of agricultural land to work out
and submit for approval fertilisation plans and in some events other similar duties.
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Implementation of these mandatory measures is, according to the Directive interpretation,
without entitlement to compensation.
The action programmes can include various government support programmes aimed, for
example, at financing additional requirements for storage vessels for livestock manure in
vulnerable zones.
The preparation of the action programmes is assumed to start from 2001, with making use of the
experiences of the twinning partners in the framework of the Phare project „Implementation
Strategies in the Water Sector“ (see Chapter XI.A.1) and further in the framework of a R&D
project (see Chapter XI.A.2), eventually in the framework of a pilot project.
6. Checking the implementation and effectiveness of the action programmes
In the designated vulnerable zones it will be necessary to establish an enforcement regime for the
implementation of the action programmes and a system of assessment of its effectiveness. This
will include identification of authorities, which will perform these enforcement, and specification
of the sanctions, which will be taken in the event of non-compliance. In connection with this it
will be necessary to consider whether further data (concerning e.g. the nitrate content in the soil
or other factors) will be necessary for the assessment of the action programmes effectiveness, so
that a method for data collection can be proposed. It is a question of monitoring for high nitrate
levels in the soil after harvesting, simple nitrate balance on the agricultural land of a farm etc.
Enforcement of mandatory measures in the agriculture sector could be secured by the Central
Institute for Supervising and Testing in Agriculture or other State organisations connected with
MA and ME (e.g. regional departments of the MA, The Czech Environmental Inspection – only
enforcement) or another appointed organisation.
The risk degree of individual agricultural operations with respect to nitrate leaching from the soil
will be assessed on the basis of a research project (see Chapter XI.B.1).
The proposal of an enforcement regime and institutional arrangement will be the subject of the
Phare Twinning project „Implementation Strategies in the Water Sector“ (see Chapter XI.A.1).
VII. Identification of stakeholders and their involvement in the
approximation process
Farmers
Implementation of the Directive will concern mainly farmers working on the whole territory of
the CR and especially farmers for whom the mandatory measures in the action programmes will
relate. For this reason it will be necessary to involve farmers or their associations in the
preparation of the action programmes and to allow them to express their opinion on the proposed
mandatory measures. In selecting these measures (for the action programmes and the code of
D2
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
good agricultural practice) it will be necessary to take into account their effectiveness and their
relative cost for farmers.
The manner of involving the farmers in the preparation and, eventually, the approval of the action
programmes will have to be precisely defined and given a clear form. This problem will, at the
same time, be solved in the framework of the Phare Twinning project „Implementation Strategies
in the Water Sector“.
VIII. Institutional, material and personnel needs
Implementation of the Directive will be time-consuming and demanding of the number and
qualifications of people, in particular with regards to the requirements on the monitoring of
surface water and groundwater, designation of vulnerable zones and preparation and
implementation of the action programmes. No less difficult will be preparation of the methods
and institutional arrangement of the required activities in both the first phase of designation of
vulnerable zones and preparation of the action programmes and their subsequent regular
revisions. In the first phase it will be possible, with the assumption of available funds, to ensure
the processing of the necessary data and methods by existing institutions. More complicated will
be to ensure other routine activities. Existing institutions have neither the technology nor the
personnel for taking on such activities, especially for monitoring and its assessment, operation of
the necessary databases, designation of vulnerable zones and preparation of action programmes
or their enforcement.
In relation to the relevant activities, the implementation of the Directive will demand increased
requirements on the management of these activities and the eventual development of new more
effective approaches, because (with regard to the complexity of the problem) it is assumed that
new knowledge and technical progress will be taken into consideration. An important component
of the institutional arrangement will be establishment of training and information centres for
farmers. Although the Directive only recommends their establishment, they will be of crucial
importance in guaranteeing the effectiveness of the adopted action programmes. In connection
with this it is assumed that a network of advice centres for farmers in the agro-environmental area
(including the problems of the Nitrates Directive) will be created.
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
a) Institutional and material needs
Requirements
Monitoring
Identify polluted and
threatened waters
Designation and revision
of vulnerable zones
Institutions involved
Current state Optimum
state
CHMI
CHMI
SLRA
SLRA
drinking
water
suppliers
TGM VRI
TGM VRI,
technical
support to
State
authorities for
river basin
planning
ME
ME, MA
(TGM VRI)
Preparation and revision
of action programmes
-
MA
Monitoring and
enforcement of the action
programmes
-
CISTA,
regional
departments
of MA,
event. CEI
ME (RICP,
RISWC,
RIAE)
Preparation and revision
of the code of good
agricultural practice
D2
MA (RICP,
RISWC,
RIAE)
Necessary changes

















supplement measurement sites in
places with intensive agricultural
activities
modify the sampling regime
ensure suitable laboratory equipment
implement suitable monitoring
prepare a method for assessment of
water quality data
identify waters polluted and
threatened by nitrates from
agricultural sources
prepare methods
declare vulnerable areas (statute)
assess effectiveness of action
programmes (quality water
monitoring in vulnerable zones)
prepare pilot project
identify necessary data and methods
set up a list of measures
inform farmers and public
make legally binding the mandatory
measures (Decree or Order)
propose support programmes
propose and institutionally secure a
enforcement system
establish information and training
programmes for farmers
17
Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
b) Needs for additional personnel in State institutions
Activities
Management,
administration
Water protection
Enforcement
Research
institutes
Technical support
to the State
administration for
river basin
planning
Institutions
MA
ME
RD ME, CEI
MA
State at the
beginning of
Personnel
1999/
reinforcement
optimum
in 1999 and 2000
state
1999
2000
0/2
1
0/1
0/65*
0/5
TRI ME
Personnel needs
2001 – 2003
2001
2002
1
2003
1
1
2
0/8
2
8
*Estimate on the basis of the number of MA regional departments, institutional securing is assumed since 2004.
IX. Costs and financial resources
a) Estimated requirements for additional expenditures of the State budget (million CZK)
2000
Increase Total
Personnel costs
Salaries and overhead
costs
Investment and
operational costs in the
first year
Total
Other costs
Total requirements for
expenditures on the
State budget
D2
2001
Increase
Total
2002
Increase Total
2003
Increase Total
0.5
0.5
0.5
1
1.5
2.5
5.5
8
0.3
0.3
0.3
0.3
0.9
0.9
3.3
3.3
0.8
0
0.8
0.8
6.5
7.3
0.8
0
0.8
1.3
17.0
18.3
2.4
0
2.4
3.4
19.5
22.9
8.8
0
8.8
11.3
19.0
30.3
18
Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
The following table contains the summary of estimated requirements on the State budget for
implementation of the Directive over the period 2000 – 2006 (in 2000 it is the real expenditure)
divided into individual budget chapters (MA and ME).
Activities
Designation and revision of vulnerable
zones incl. preparation of methods
(MA, ME)
Preparation and publishing of the code
of good agricultural practice (MA)
Assessment and preparation of action
programmes (MA)
Pilot projects 2 - 3 farms (MA)
Training and information activities
(MA) (code and action programmes)
Implementation of action programmes
incl. support programmes for the
investments (MA)
System of administration, assessment
and enforcement (MA, ME)
Monitoring – investments and
operation (MA, ME)
Identification of polluted waters (ME)
Revision of the extent of monitoring
and vulnerable zones (ME)
TOTAL
Total MA
Total ME
2000
3.5
3
2001
2.5/1.5
2002
2/1.5
2003
2/1.5
2004
2/1.5
2005
2
3
4
4
5.5
6
2
2
1
2
1
2
2
3
2
4
1
2006
will be the subject of economical analysis
6.5
6.5
0
1/0
1/1
1/1
2/1
4/1
4/1
2/1
2/1
1/2
1/4
1/6
1/8
1
1
1
1
1
2
19.5
15.0
4.5
19.0
13.5
5.5
23.5
16.0
7.5
20.0
12.0
8.0
17.0
5.0
12.0
17.0
14.5
2.5
The above mentioned finances have been/will be required on the State budget. Since 2002 it will
be the subject of revisions (specification and supplementing) in connection with actual
requirements of the implementation strategy. For the period 2001-2002 it will be necessary to
secure the finances from the State budget for the preparation and publishing of the code of good
agricultural practice.
b) Estimated costs of private sector (million CZK)
Purpose
Construction and building up of the
capacity of storage vessels for livestock
manure in vulnerable zones
Amount
3 000*
Time period - Date for allocation
2002 - 2006
*Estimated on the assumption that 50% of the territory will be designated as vulnerable zone, given that State
support was set at 40% for the estimated requirements on the State budget would be 1.2 milliard CZK in the given
time period. Real demands on the investments will, however, be set on the basis of economic analysis in the
framework of a project or a study.
Determination of the investment costs in the private sector can be carried out after designation of
the vulnerable zones and elaboration of impact studies.
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
X.
Economic impacts
Competitiveness of farmers
For the reason that the measures contained in the action programmes are binding for the farmers
and they have no legal right for compensation in the event of economic detriment,
competitiveness of farmers in vulnerable zones could be affected. If this situation arises it could
be solved by creating compensation programmes e.g. in support of constructing compliant
storage vessels for livestock manure. In Member States this approach is relatively common, the
programmes are as a rule covered by the State budget without any EU contribution. In Austria
such a programme exists. France has a similar programme, which enables the participating
farmers to construct the necessary storage vessels. After its completion the farmer pays less water
pollution charges (according to the polluter pays principle) than farmers who do not participate
and cannot ensure water protection at the required level.
Assessment of the economic impacts on farmers in vulnerable zones with elaboration of a
proposals for confronting these negative effects will be the subject of the Phare project
„Implementation Strategies in the Water Sector“ and if needed of a R&D project (see chapter XI.
A. 2.).
XI.
Project identification
A. Existing / approved projects:
1. PHARE project „Implementation Strategies in the Water Sector“
The Phare project „Implementation Strategies in the Water Sector“ was accepted as the
only project of the National Phare Programme for the environment in 1999. After preliminary
preparation of the Project Fiche, the European Commission recommended the project in the form
of "twinning" with a total budget of 1 million €. At present it is in the phase of the signature of
the Project Covenant.
The project represents no-investment aid in the water protection and is focused on 4 basic
Directives:
1. Council Directive 91/676/EEC on protection of waters against nitrates pollution from
agricultural sources (in the responsibility of the MA and ME);
2. Council Directive 80/68/EEC on the protection of groundwater against pollution caused by
certain dangerous substances (in the responsibility of the ME);
3. Council Directive 76/464/EEC on pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community and daughter Directives (in the
responsibility of the ME);
4. Council Directive 98/83/EC on quality of water intended for human consumption (in the
responsibility of the Ministry of Health).
Concerning the Nitrates Directive the project will deal with designation of vulnerable
zones, water quality monitoring, preparation of the action programmes and the code of good
agricultural practice in the broader socio-economic framework (involving the farmers in its
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
preparation, assessment of economic impacts of the measures, estimating the required
investments, etc.), establishment of training and information programmes for the wider
professional public and the representatives of the State authorities, securing the institutional
needs and preparation of enforcement system. The project is expected to start in September 2000
and will be completed in December 2001.
2. Project R&D 510/4/98 Limiting Large-scale Pollution of Surface Waters and
Groundwater in the CR
This project was initiated in June 1998 and is planned to the end of 2002. It is aimed at
three main types of large-scale pollution of surface waters and groundwater - nitrates,
acidification and phosphorus. For solving nitrates pollution in waters the project uses the
approach in the Nitrates Directive – i.e. designation of vulnerable zones, implementation of
measures for reducing the input of nitrates from agricultural activities in waters. The project
includes approximate designation of the vulnerable zones. Other related projects of ME and MA
will deal with detailed designation of vulnerable zones including preparation of method, proposal
of action programme for selected zone and assessment of economic impacts on farms in
vulnerable zones.
B. Planed projects:
1. Research project of MA “Agricultural Management in Vulnerable Zones (according to
the Council Directive 91/676/EEC)“
Project proposal for a tender of the National Agency for Agricultural Research of the MA.
Required objectives to be solved:
 determine on the basis of experimental results and with the help of mathematical models, the
level of risk of individual agro-technical operation for nitrate leaching from soils
 propose a code of good agricultural practice with regard to the various soil-climatic
conditions,
 assess the economic-organisational impacts of implementation of the Nitrates Directive.
With the aim to find a integrated solution of the problems, existing and newly established
field experiments and monitoring of nitrates in soil will be used. At the same time, methods for
nitrate management, as an expert system for application of the code of good agricultural practice
in the form of action programs for vulnerable zones will be prepared. Software will be prepared
for assessing the risks of nitrate leaching. In the framework of this project the working version of
the code will be completed (by the end of 2001 according to the time schedule of this
implementation plan). Professional discussions on the content of the code will follow. In 2002 the
code will be finalised in the form of a methodological instruction. The working version of the
methods for the action programmes, consisting of the method for the assessment of the data on
agricultural management and the natural conditions of the specific territory, will be completed by
the end of 2003. After its verification the methods will be transmitted to the MA (2004). Testing
the effects of critical operations with the aid of mathematical models and assessment of economic
impacts will be completed by 2004.
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Implementation plan for Council Directive 91/676/EEC
concerning the protection of waters against pollution caused by nitrates from agricultural sources
2. Research project of MA "Implementation of an Alternative Management System for Soil
and Water Protection in the Landscape"
Project proposal for a tender of the National Agency for Agricultural Research of the MA.
Required aims to be solved:
 determine the mutual dynamic relations between soil and water in the landscape and propose
a system of soil protection and use and differentiated water protection in landscape in the
framework of integrated land reclamation,
 divide territories according to vulnerability, propose differentiated ways for their use, prepare
proposals and criteria for support programmes according to the regions.
The project has two specific objectives - to propose and implement a system of alternative
management for soil and water protection and numerically express its impacts on improving
water retention and water quality in the landscape. In the first phase, a digital soil map will be
created for three selected localities in the CR on the basis of the infiltration capacity
categorisation of the soil. The maps will outline the potential danger of threatening water sources
in the given locality. In the second phase suitable areas and methods of growing field crops and
permanent grassland management will be defined. In the third phase the proposed changes in land
use in the monitored river basin will be verified with the aid of mathematical models from the
standpoint of water quality. The fourth phase will deal with the methodical implementation of the
alternative land management in the framework of complex land reclamation. The objective of the
final phase is to propose suitable instruments for agricultural policy from the perspective of water
protection.
List of used acronyms:
CEI
CHMI
CISTA
CR
EC
EU
IP
PHARE
R&D
RD
RIAE
RIAEN
RICP
RISWC
SLRA
TGM WRI
TRI
D2
Czech Environmental Inspection
Czech Hydrometeorological Institute
Central Institute for Supervising and Testing in Agriculture
Czech Republic
European Commission / European Communities
European Union
Implementation Plan
Programme in support of the accession strategy to EU of the countries of
central and eastern Europe
Research and Development
Regional department (of ME or MA)
Research Institute of Agricultural Economics
Research Institute of Agriculture Engineering
Research Institute of Crop Production
Research Institute for Soil and Water Conservation
State Land Reclamation Authority
T.G. Masaryk Water Research Institute
Technical and research institutes
22