Lithuanian experience in negotiating and implementing Nitrates directive

1. Arūnas Čepelė Director of Environmental Quality Department The Ministry of Environment of the Republic of Lithuania Lithuanian experience in negotiating and implementing Nitrates directive

2. Background of Lithuanian and European Union negotiations • On 12 June 1995 The Europe (Association) Agreement with Lithuania was signed (it recognised Lithuania's aspiration to become a member of the European Union and created conditions for Lithuania’s participation in the Pre-accession Strategy for candidate countries) • On 8 December 1995 Lithuania has submitted the official application for the membership of the EU • On 15 February 2000 Lithuania has started the EU accession negotiations • On 17 August 2000 Lithuania opened negotiations on Chapter 22 on Environment • On 27 June 2001 Chapter 22 on Environment was provisionally closed at the Conference on Accesion to the European Union

3. Dynamics in negotiations regarding Nitrates directive Taking into account financial capacity, the state of the agricultural sector and the anticipated volume of foreign assistance, Lithuania requested a transitional period till 2011: • The estimated cost of implementation of the Directive - 268 million EUR; • Major part of territory of Lithuania could be identified as a sensitive area affected by nitrates; • Agricultural sector still under development aiming to fulfil principles of the Common Agricultural Policy. During negotiations Lithuania withdrew its request for transitional period because the Nitrates directive offer possibility (via action programs) for longer terms for the implementation of its requirements

4. EU-Lithuanian negotiation position regarding Nitrates directive (2001 05 28, Brussels) • Transposition into Lithuanian legislation by 2002 • Implementation of the requirements via two four-year action programmes • Establishment of first action programme in 2003 and beginning its implementation by the date of accession • During the first Action Programme all measures concerning practices which create no big investment problems will be made mandatory for all farms (new and existing) • The first Action Programme will also require progressive compliance with the directive’s requirements for all big existing farms, farms with obvious pollution problems and all farms where new investments take place. • During the period of the second Action Programme progressive rehabilitation will also be achieved for smaller farms.

5. Legal background for transposition of Nitrates directive General legal provisions in: • Law on Environmental Protection (1992) • Law on Water (1997, as amended in 2003) • Law on Land (1994) • Law on Underground Water (1995) • Law on Protected Areas (1993) • Law on Monitoring (1997)

6. Transposition of Nitrates directive into the Lithuanian legislation More detailed legal provisions: • MoE Order On Environmental Requirements for the Manure and Waste Water Management in the Farms (1999 12 27) • Code of good agricultural practice (has been endorsed by MoE and MoA in 2000) • Moe and MoA Order On the Requirements for the Protection of Waters against Pollution Caused by Nitrogen Compounds from Agricultural Sources (2001 12 19) • MoE Order No 666 On General Environmental Protection Requirements for the Farms (2002 12 23)

7. Transposition of Nitrates directive into the Lithuanian legislation • MoE and MoA Order on Provision of Information to the EU Commission on Pollution of Waters from Agricultural Sources (2003 09 29) • MoA Order on the Requirements on Good Farming Practise (2004 07 16)

8. Designation of nitrate vulnerable zones • Three options: • The whole country is considered as non-vulnerable • The country is divided in zones of different vulnerability • The whole country is considered as one vulnerable zone

9. The whole country is considered as non-vulnerable Option was considered irrelevant for Lithuania because of: • High concentrations of nitrate in shallow dug wells • High eutrophication of the Curronian Lagoon

10. Quality of groundwaters Nitrate concentration in: • deep groundwater aquifers is much bellow the limit of 50 mg/l (highest concentration is between 7 and 20 mg/l) • shallow dug wells is high or even very high (exceeded 50 mg/l in almost 37 percent of the wells examined)

11. Average nitrogen concentration in the rivers (mg/l)

12. Proposed discrete nitrate vulnerable zones The total area of the proposed nitrate vulnerable zones was 91,2 percent of the Lithuanian territory • The part of Lithuania draining to the Curonian Lagoon, via Nemunas and tributaries • River basin of direct tributaries of the Baltic Sea • The areas draining into vulnerable zones in Latvia, i.e. areas so designated by Latvian authorities

13. The whole country is considered as one vulnerable zone Lithuanian had made the decision to designate all territory as nitrate vulnerable zone and the Action Programme will be applicable for the whole territory. Currently available documentation isn't sufficient for the EU Commission to approve that nitrate found in shallow wells in the rest 8,8 percent of territory is caused by non-agricultural sources

14. Implementation • Government Resolution On State Programme for Reduction of Water's Pollution from Agricultural Sources (2003 08 26)

15. Structure of the State programme for reduction of water's pollution from agricultural source • General provisions • Objectives and tasks • Evaluation of the situation: Animal density; Installation of manure and slurry storage; Balanced fertilisation, including periods for the fertiliser; Crop rotations; Drinking water; Surface water; Permanent monitoring of water pollution from agricultural sources; Training and professional development; Scientific research; Public information and participation. • Programme implementation • Expected results • Action plan and measures for implementation of the Programme

16. Objectives of the Progamme • Long-term objective – to implement Nitrate directive, to reduce water pollution, paying the biggest attention to nitrates and other chemical factors, which could negatively affect health of inhabitants, biological diversity, trespass traditional landscape, also to protect water against eutrophication in the Republic of Lithuania. • Short-term objective - to create institutional capacity and first of all to implement measures laid down in the Nitrate directive, to reduce water pollution in the farms, which have more then 300 livestock units, to develop monitoring and information system.

17. Programme implementation • First stage (2004-2008). Pollution caused by big cattle farms will be minimised, measures will be mandatory in all farms having more then 300 LU in which the amount of manure and slurry accumulated raise the biggest danger for water pollution. • Second stage (2008-2012). During this stage nitrate vulnerable zones will be revised and four year programme including new mandatory measures will be developed. This programme will be mandatory to all farms having more then 10 LU.

18. Measures for Programme implementation • training and education; • development of needed technical norms or improvement of the existing ones according to the EU requirements; • development of projects for priority pollution minimisation investments (for livestock farms having more then 300 LU) search for financial sources for those projects and implementation; • setting the requirements for the implementation of the measures; • establishment of information system which is needed for the evaluation of situation, preparation of plans and reports.