COUNCIL DIRECTIVE of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the nitrate content in certain regions of the Member States is increasing and is reaching

already a high level in relation to the rules laid down in Council Directive 75/440/EEC of 16

June 1975 concerning quality requirements for surface waters intended for the abstraction of water

drinking in the Member States (4), as amended by Directive 79/869/EEC (5) and Council Directive

80/778/EEC of 15 July 1980 on the quality of water intended for human consumption (6),

as amended by the 1985 Act of Accession;

Whereas the Fourth Programme of action of the European Communities on the environment (7);

indicates the Commission’s intention to present a proposal for a directive on combating pollution;

water resulting from the spreading of fertilisers in fields or from the discharge of manure

animals and excessive use of fertilisers, and the reduction of such pollution;

whereas it is recommended in the Commission’s ‘Green Paper’ entitled ‘Policy perspectives’

Common Agriculture”, which defines the reform of the Common Agricultural Policy, that the use of

fertilisers and manure containing nitrogen is necessary for Community agriculture, but that

excessive use of fertilisers constitutes a danger to the environment; whereas it is necessary

to take joint measures to resolve the problems arising from the intensive increase of

whereas agricultural policy must take greater account of policy in the field of

Environment;

Whereas the Council resolution of 28 June 1988 on the protection of the North Sea and other waters

of the Community (8) calls on the Commission to submit proposals for Community measures;

Whereas nitrates of agricultural origin are the main cause of pollution from sources

diffuse and affect Community waters;

(1) OJ No C 54, 3. 03. 1989, p. 4, OJ No C 51, 2. 03. 1990, p. 12.

(2) OJ No C 158, 26. 06. 1989, p. 487.

(3) OJ No C 159, 26. 06. 1989, p. 1.

(4) OJ No L 194, 25. 07. 1975, p. 26.

(5) OJ No L 271, 29. 10. 1979, p. 44.

(6) OJ No L 229, 30. 08. 1980, p. 11.

(7) OJ No C 328, 7. 12. 1987, p. 1.

(8) OJ No C 209, 9. 08. 1988, p. 3.

whereas it is therefore necessary to reduce direct or indirect pollution of water by

nitrates from agriculture and prevent their spread, to protect health

humans, living resources, aquatic ecosystems and to guarantee other legitimate uses of

Water; whereas, to this end, provision should be made for storage and spreading

fertilisers on soils with nitrogen compounds and on certain management practices

Land;

Whereas pollution of waters by nitrates in one Member State may affect the waters of other States;

whereas action at Community level in accordance with Article 1 of the Treaty on the Functioning of the European Union is therefore necessary;

130r;

Whereas Member States, in order to encourage good agricultural practice, may in future provide for

certain level of protection of all waters against pollution;

Whereas provision should be made for special protection for certain areas fed by

basins of waters likely to be polluted with nitrogen compounds;

Whereas it is necessary for Member States to define vulnerable zones, draw up and

implement action programmes aimed at reducing water pollution by compounds

nitrates in these areas;

whereas such programmes should include measures aimed at limiting the spread of

soils of any nitrogen-containing fertiliser and, in particular, fix specific limits for

spreading animal manure;

Whereas it is necessary, in order to ensure the effectiveness of operations, to monitor the quality

water and apply reference methods for dosages of nitrogen compounds;

Whereas it is recognized that hydrogeological conditions in certain Member States are such

that it will probably take many years for protective measures to lead to an improvement in

water quality;

Whereas a committee should be set up to assist the Commission in

the application of this Directive and its adaptation to scientific and technical progress;

Whereas Member States must draw up and submit to the Commission reports on the implementation

Directive;

Whereas the Commission should report regularly on implementation by Member States;

Member States of this Directive,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The objective of this Directive is to:

– reduce water pollution caused or induced by nitrates from agricultural sources,

– prevent any further pollution of this kind.

Article 2

For the purposes of this Directive,

(a) %quot%groundwater%quot% means all water which is below the surface of the ground in the

saturation and which are in contact with the soil or subsoil;

(b) %quot%fresh water%quot% means naturally occurring waters with a low salt content;

and are generally considered capable of being abstracted and treated for water production

Drinking;

(c) %quot%nitrogenous compound%quot% means any nitrogen-containing substance with the exception of nitrogen

molecular gas;

(d) %quot%animals%quot% means all animals kept for exploitation or purposes;

lucrative;

(e) %quot%fertiliser%quot% means any substance containing one or more nitrogenous compounds;

spread on soils to improve vegetation growth, including animal manure,

farmed residues and sewage sludge;

(f) %quot%Chemical fertiliser%quot% means any fertiliser manufactured by an industrial process;

(g) %quot%animal effluent%quot% means manure or a mixture of straw and manure

animals, even if they have undergone a transformation;

(h) %quot%application%quot% means the improvement of soil by materials by dumping to the surface of the land,

injection, burial or mixing with the surface layers of the soil;

(i) %quot%eutrophication%quot% means the enrichment of water with nitrogenous compounds, causing

accelerated algals and higher species plants disturbing the balance of organisms

present in water and leading to a degradation of the quality of that water;

(j) %quot%pollution%quot% means the discharge of nitrogen compounds from agricultural sources into the aquatic environment,

directly or indirectly, with consequences likely to endanger human health or harm

living resources and aquatic ecological system, affect the recreational area or

hinder other legitimate uses of water;

(k) %quot%vulnerable zone%quot% means land designated in accordance with Article 3(3). (2).

Article 3

1. Polluted waters and waters likely to be polluted if the measures referred to in Article 5 are not taken,

shall be defined by Member States in accordance with the criteria set out in Annex I.

2. Within two years of notification of this Directive, Member States shall designate as

vulnerable zones: all known areas within their territory feeding into the waters defined in:

In accordance with para. (1) and contributing to pollution. Member States shall notify the Commission

such initial designation within six months.

3. Where the waters defined by a Member State in accordance with paragraph 3 of this Article, (1) are polluted by the waters of a

another Member State draining directly or indirectly, the Member State whose waters are polluted

may notify the other Member State and the Commission of the facts.

The Member States concerned shall, where appropriate together with the Commission, reach an agreement

necessary to identify the sources of pollution and the measures to be taken in favour of

polluted waters, in order to ensure compliance with this Directive.

4. Member States shall review and, if necessary, revise or supplement in due course, at

at least every four years, the list of designated vulnerable zones, to take account of

changes and unforeseeable factors since the previous designation. Member States

notify the Commission, within six months, of any revision or addition to the list of

designations.

5. Member States shall be exempted from the obligation to designate specific vulnerable zones if:

They shall establish and implement throughout their national territory the action programmes referred to in

Article 5 in accordance with this Directive.

Article 4

1. In order to ensure a general level of protection against pollution in all waters, Member States shall:

Member States shall, within two years of notification of this Directive:

(a) establish a code or codes of good agricultural practice, which shall be implemented in a regular manner.

voluntary by farmers and which must include at least the elements listed in point (a);

A of Annex II;

(b) draw up, where necessary, a programme providing for training and information for farmers in

to promote the implementation of the code(s) of good agricultural practice.

2. Member States shall communicate to the Commission the detailed rules of their codes of good agricultural practice; and

It shall include information on these codes in the report referred to in Article 11. Under

the information received, if necessary, the Commission may make appropriate proposals to

Council.

Article 5

1. Member States shall establish action programmes concerning vulnerable zones

designated, with a view to achieving the objectives set out in Article 1 and within two years of

The initial designation referred to in Article 3 (3) shall be replaced by the following: (2) or one year after each new designation

referred to in Article 3 (3) (4).

2. An action programme may cover all vulnerable zones situated on the territory of

a Member State or, if that State considers it appropriate, different programmes may be established for

various areas or parts of vulnerable areas.

3. Action programmes shall take into account:

(a) available scientific and technical data relating in particular to the quantities concerned of

nitrogen from agricultural or other sources;

(b) environmental conditions in the relevant regions of the Member State concerned.

4. Action programmes shall be implemented within four years of their establishment; and

contain the following mandatory measures:

(a) the measures provided for in Annex III;

(b) the measures which Member States have adopted in the code(s) of good practice

agricultural operations drawn up in accordance with Article 4, with the exception of those which have been replaced by

the measures set out in Annex III.

5. In addition, Member States shall take all measures within the framework of action programmes

additional or such consolidated actions as it considers necessary, if found, from

commenced or as a result of experience gained in the course of implementing programmes

action, that the measures referred to in para. (4) will not be sufficient to achieve the objectives

as defined in Article 1. In choosing such measures or activities, Member States shall take into account

their effectiveness and cost in relation to other preventive measures that may be adopted.

6. Member States shall draw up and implement appropriate monitoring programmes to

evaluate the effectiveness of action programmes established pursuant to this Article.

Member States which implement Article 5 throughout their national territory

monitor the nitrate content of waters (surface water and groundwater) at

selected measurements to determine the extent of water pollution caused by nitrates

from agricultural sources.

7. Member States shall review and, if necessary, revise their action programmes,

including any additional measures taken pursuant to paragraph 1. (5) at least every four years.

Member States shall inform the Commission of any amendments to the action programmes.

Article 6

1. For the purpose of designating vulnerable zones and revising the list drawn up, Member States shall:

(a) monitor nitrate concentrations in freshwater for one year for a period of two

years after notification of this Directive:

(i) at the level of the sampling sections of surface waters referred to in Article 5(5); (4) of

Directive 75/440/EEC and/or other representative sampling sections from surface waters

in Member States, at least once a month and more frequently during periods of

rising waters;

(ii) at the level of representative groundwater sampling sections in the Member States, at

regular intervals, account being taken of the provisions of Directive 80/778/EEC;

(b) resume the surveillance programme described in (a); (a) at least every four years, except

the case of sampling sections where the nitrate concentration of all previous samples is

proves to be below 25 milligrams per litre and where no new factor is found that could

increase nitrate content; In this case, the surveillance programme need not be implemented

than every eight years;

(c) review every four years the eutrophication status of fresh surface waters, waters

coastal and estuaries.

2. The reference methods of measurement set out in Annex IV shall be used.

Article 7

Recommendations for the monitoring referred to in Articles 5 and 6 may be established in accordance with

the procedure laid down in Article 9.

Article 8

The Annexes to this Directive may be adapted to scientific and technical progress in the light of

the procedure laid down in Article 9.

Article 9

1. The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired

by a representative of the Commission.

2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken:

Adopted. The Committee shall deliver its opinion on the draft within a time limit which the chairman shall lay down

may determine according to the urgency of the matter in question. The opinion shall be adopted by a majority

referred to in Article 148 (1). (2) of the Treaty for decisions to be taken by the Council

on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be the votes of the representatives of the Member States

respect the weighting provided for in that Article. The Chairman shall not vote.

3. (a) The Commission shall adopt the measures envisaged where they are in accordance with the opinion of the Committee.

(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered

, the

Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken

Adopted. The Council shall act by qualified majority.

(c) If, on the expiry of a period of three months from the date of referral to the Council, the Council has not

pronounce, the proposed measures shall be adopted by the Commission, save where the Council

pronounces against these measures by simple majority.

Article 10

1. Member States shall forward to the Commission, for a period of four years from the date of notification

to this Directive and every four years thereafter, a report containing the information

referred to in Annex V.

2. Member States shall submit a report to the Commission in accordance with this Article in a

six months after expiry of the period to which it relates.

Article 11

On the basis of the information received pursuant to Article 10, the Commission shall publish summary reports in

six months after receipt of the Member States’ reports and communicate them to Parliament

European and Council. In accordance with the implementation of this Directive, in

In particular, with the provisions of Annex III, the Commission shall, before 1 January 1998, submit

to the Council

a report adapted, if appropriate, to proposals for revision of this Directive.

Article 12

1. Member States shall bring into force the laws, regulations and administrative provisions necessary,

in accordance with this Directive, within two years of its notification (1). States

They shall forthwith inform the Commission thereof.

2. When Member States adopt these measures, they shall contain a reference to:

this Directive or be accompanied by such reference on the occasion of their official publication.

The methods of making such reference shall be laid down by Member States.

3. Member States shall communicate to the Commission the text of the main provisions of national law on:

which adopt them in the field covered by this Directive.

Article 13

This Directive is addressed to the Member States.

Done at Brussels, 12 December 1991.

For the Council

President

J. G. M. ALDERS

ANNEX I

CRITERIA FOR DEFINING WATERS REFERRED TO IN ARTICLE 3 (3) (1)

A. The waters referred to in Article 3 (3) Paragraph 1 shall be defined in relation to, inter alia, the following

Criteria:

(1) if fresh surface waters, in particular those used for or intended for abstraction

drinking water contains, or is likely to contain, as a result of failure to apply the measures provided for in Article 5, a

nitrate concentration above that laid down in Directive 75/440/EEC;

2. if groundwater contains, or is likely to contain, nitrates exceeding 50 milligrams per

litre, because of failure to apply the measures provided for in Article 5;

(3) if natural freshwater lakes, other freshwater bodies, estuaries, coastal waters

and sea water is subject, or is likely in the near future, to be eutrophicated from

the reason for non-application of the measures provided for in Article 5.

B. Member States shall also take into account, when applying these criteria:

(1) the physical and environmental characteristics of water and land;

(2) current knowledge of the behaviour of nitrogen compounds in the environment (waters and

soils);

(3) current knowledge of the index of measurements taken pursuant to Article 5.

1. This Directive was notified to the Member States on 19 December 1991.

ANNEX II

CODE(S) OF GOOD AGRICULTURAL PRACTICE

A. In so far as relevant, the code(s) of good agricultural practice aimed at

reducing nitrate pollution and taking account of the conditions prevailing in the various regions of the

The Community shall contain rules containing the following elements:

(1) periods during which fertiliser spreading is inadequate;

(2) fertilizer spreading conditions on very steep soils;

(3) conditions for fertiliser application on soft, flooded, frozen or covered soils

snowy;

(4) conditions for the application of fertilizers near water courses;

(5) capacity and construction of tanks for manure storage, in particular

measures to prevent pollution of water by run-off, infiltration or run-off

in surface waters of liquids containing animal manure and vegetable manure

such as silage;

(6) Methods of spreading chemical fertilisers and animal manure, in particular

their level and uniformity, in order to maintain at an acceptable level the leakage in

waters of nutrients.

B. Member States may also include the following in their code(s)

good agricultural practice:

(7) land management, in particular the use of a crop rotation system; and

the proportion of land devoted to permanent crops in relation to annual crops;

(8) maintenance of a minimum quantity of green cover during designated (rainy) periods;

absorption of nitrogen from the soil which, in the absence of such green cover, would cause pollution of

nitrate waters;

(9) drawing up farm-specific fertilisation plans and keeping records of:

use of fertilizers;

(10) prevention of water pollution by run-off and leaching of water away from the root system;

of plants in the case of irrigated crops.

ANNEX III

MEASURES TO BE INCLUDED IN ACTION PROGRAMMES ACCORDING TO

ARTICLE 5 (5) (4) LIT. (a)

1. The measures shall include rules concerning:

(1) periods during which the application of certain types of fertiliser is prohibited;

(2) the capacity of tanks intended for the storage of manure; it must be higher

than the capacity required for storage during the longest prohibition period of

scattering in the vulnerable area, unless it can be demonstrated to the authority

competent that the volume of manure in excess of the actual storage capacity will

evacuate in a way harmless to the environment;

(3) limiting the application of fertilisers, in accordance with good agricultural practice and taking into account

the characteristics of that vulnerable zone, in particular:

(a) the condition of the soils, their composition and slope;

(b) climatic conditions, precipitation and irrigation;

(c) land use and agricultural practices, in particular crop rotation systems;

and based on a balance between:

(i) foreseeable nitrogen requirements of crops;

And

(ii) nitrogen supplied to crops by soil and fertilisers and representing:

– the amount of nitrogen present in the soil when crops start using it in

significant proportions (quantities remaining at the end of winter),

– nitrogen input through net mineralisation of soil organic nitrogen reserves,

– additions of nitrogenous compounds from animal manure,

– additions of nitrogenous compounds from chemical fertilisers and other compounds.

2. These measures shall ensure that, for each holding or rearing holding, the quantity

the manure dispersed annually, including by the animals themselves, does not exceed one

quantity given per hectare.

This quantity given per hectare corresponds to the quantity of manure containing 170 kg of nitrogen.

However:

(a) for the first four-year action programme, Member States may authorise a quantity of

manure containing up to 210 kg nitrogen;

(b) during and at the end of the first four-year action programme, Member States

Member States may fix quantities different from those indicated above. These quantities must be determined

so as not to jeopardise the achievement of the objectives set out in Article 1 and must be

justified by objective criteria such as:

–

long growing seasons

,– crops with high

nitrogen uptake

,– high

net rainfall in the vulnerable zone,

– soils with very high denitrification capacity.

Where a Member State authorises a different quantity in accordance with subparagraph (a), a Member State shall authorise a different quantity. (b), it shall inform

The Commission, which shall examine its justification in accordance with the procedure laid down in Article 9.

3. Member States may calculate the quantities referred to in point 3. (2) according to the number

Animals.

4. Member States shall inform the Commission of the implementation of point 4. (2). In

in the

light of the information received, the Commission may, if it considers it necessary, submit appropriate proposals to the

Council in accordance with Article 11.

ANNEX IV

REFERENCE METHODS OF MEASUREMENT Chemical

fertilizers

Nitrogen compounds shall be measured according to the method laid down 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 of fertilizers (1), as amended by Directive 89/519/EEC (2).

Freshwater, coastal waters and sea water

The nitrate concentration shall be measured in accordance with Article 4a (a). (3) of the Council Decision

Directive 77/

795/EEC of 12 December 1977 establishing a common procedure for the exchange

of

information on the quality of fresh surface waters in the Community (3), as amended by Decision

86/574/EEC (4).

ANNEX V

INFORMATION TO BE INCLUDED IN THE REPORTS REFERRED TO IN

ARTICLE 10

1. An account of preventive actions taken pursuant to Article 4.

2. A map:

(a) waters identified in accordance with Article 3 (3); (1) and Annex I indicating, in each case, which of the

the criteria referred to in Annex I shall be used for such identification;

(b) identified designated areas, clearly separating old areas and designated areas

since the last report.

3. A summary of the results of the surveillance carried out pursuant to Article 6, including a

report of the observations which led to the designation of each vulnerable zone and to any

review or improvement of designation.

4. A summary of the action programmes drawn up in accordance with Article 5 and in particular:

(a) the measures required pursuant to Article 5 (a); (4) (a) (a) and (b);

(1) OJ No L 213, 22. 08. 1977, p. 1.

(2) OJ No L 265, 12. 09. 1989, p. 30.

(3) OJ No L 334, 24. 12. 1977, p. 29.

(4) OJ No L 335, 28. 11. 1986, p. 44.

(b) the information required under point (b); 4. of Annex III;

(c) any additional measure or reinforced action taken in accordance with Article 5(5);

(5);

(d) a summary of the results of the monitoring programmes implemented pursuant to Article 5(5);

(6);

(e) Member States’ estimates of the approximate timeframes within which it can be expected that

:

waters defined in accordance with Article 3 (3) (1) react to the measures envisaged in the

action, and an indication of the degree of uncertainty these estimates present.

DECISION no. 964 of 13 October 2000

approving the Action Plan for the protection of waters against pollution caused by nitrates from agricultural sources

ISSUER: GOVERNMENT;
PUBLISHED IN: MONITORUL OFICIAL nr. 526 of 25 October 2000;

Under the provisions of art. 107 of the Romanian Constitution and taking into account the provisions of art. Articles 78, 81 and 82 of the Europe Agreement establishing an association between Romania, of the one part, and the European Communities and their Member States, of the other part, signed in Brussels on 1 February 1993, ratified by Law nr. 20/1993, as well as the provisions of art. 65 lit. d), h) and t) of the Environmental Protection Law nr. 137/1995, republished,

The Government of Romania has adopted this Decision.

ARTICLE 1

The Action Plan for the protection of waters against pollution caused by nitrates from agricultural sources, set out in the Annex which forms an integral part of this Directive, is hereby approved.

ARTICLE 2

(1) The Commission for the implementation of the Action Plan for the Protection of Waters against Pollution with Nitrates from Agricultural Sources, consisting of specialists from the Ministry of Waters, Forests and Environmental Protection, the Ministry of Agriculture and Food and the Ministry of Health is hereby established. In addition to the commission, there will be a support group, composed of representatives of the National Company “Apele Romane” – S.A., of the basin committees and of specialized institutes and units subordinated, coordinated or under the authority of the Ministry of Waters, Forests and Environmental Protection, the Ministry of Agriculture and Food and the Ministry of Health.

(2) By joint order of the Minister of Waters, Forests and Environmental Protection and of the Minister of Agriculture and Food, within 90 days from the date of entry into force of this Action Plan, the regulation of organization and functioning of the Commission and of the Support Group provided for in para. (1), as well as their duties and nominal composition.

ARTICLE 3

This Decision shall enter into force within 30 days from the date of its publication in the Official Gazette of Romania, Part I.

PRIME MINISTER

MUGUR CONSTANTIN ISARESCU

Countersign:

p. Minister of Water,

forests and environmental protection,

Lucian Silaghi,

Secretary of State

Minister of Agriculture

and nutrition,

Ioan Avram Muresan

Minister of State,

Minister of Health,

Hajdu Gabor

President of the Office

for Consumer Protection,

Eliade Corneliu Mihailescu

ANNEX 1

ACTION PLAN

for the protection of waters against pollution caused by nitrates from agricultural sources

ARTICLE 1

The objectives of the Action Plan for the Protection of Waters against Pollution by Nitrates from Agricultural Sources, hereinafter referred to as the Action Plan, are as follows:

(a) reduction of water pollution caused by nitrates from agricultural sources;

(b) prevention of nitrate pollution;

(c) rationalisation and optimisation of the use of chemical and organic fertilisers containing nitrogen compounds.

ARTICLE 2

The terms and expressions used in the action plan shall be defined as follows:

(a) ‘groundwater’ means all water which is below the surface of the land, in saturated areas and in direct contact with the ground or subsoil;

‘fresh water’ means water with a low salt content, which fulfils the conditions for abstraction, treatment and use for drinking purposes;

‘nitrogen compounds’ means any nitrogen-containing substances except molecular nitrogen;

(d) ‘livestock’ means all animals kept or bred for use or profit;

‘fertiliser’ means a substance containing one or more nitrogen compounds used on agricultural land to increase the growth rate of vegetation and to increase plant mass;

(f) ‘chemical fertiliser’ means any fertiliser obtained by an industrial chemical process;

(g) ‘organic fertiliser’ means any fertiliser consisting of products of plant origin, waste products of excretion from livestock or poultry or sludge from the waste water treatment process;

‘fertiliser of animal origin’ means a waste product of excretion from livestock or poultry or a mixture of this product with bedding from animals;

(i) ‘field application’ means the administration of fertilisers in the field by spreading on the surface of the land, by incorporation into the soil either by burial or mixing with the soil and by injection into the soil;

‘eutrophication’ means the enrichment of surface waters with nitrogen and phosphorus compounds, causing an accelerated and massive development of algae and underwater vegetation, associated with deterioration of biological balance and water quality;

(k) ‘nitrate pollution’ means the discharge, directly or indirectly, into groundwater or surface water of nitrogen compounds from agricultural sources, the consequences of which may be: endangering human health, affecting living organisms and aquatic ecosystems, impeding water uses and damaging the natural environment;

(l) “vulnerable zone” means areas of agricultural land within the territory of the country through which diffuse run-off into waters polluted or exposed to nitrate pollution are drained and which contribute to the pollution of such waters.

ARTICLE 3

(1) Within one year from the date of entry into force of this action plan, the Ministry of Waters, Forests and Environmental Protection, based on the data and information provided through the National Water Quality Surveillance and Control System and with the support of the National Company “Apele Romane” – S.A., shall draw up a cadastre of the waters affected by nitrate pollution and of the waters that are likely to be exposed to such pollution. The identification of these categories of waters will be made on the basis of the criteria set out in Annex nr. 1.

(2) Within 2 years from the date of entry into force of this action plan, the Ministry of Waters, Forests and Environmental Protection together with the Ministry of Agriculture and Food shall designate all vulnerable areas draining into the waters identified according to para. (1) and contributing to their pollution.

(3) The Ministry of Waters, Forests and Environmental Protection together with the Ministry of Agriculture and Food shall review and/or complete, every 4 years, the list of vulnerable zones, analyzing and taking into account changes and factors unforeseen at the time of its composition.

(4) The Commission for the implementation of the Action Plan for the Protection of Waters against Pollution with Nitrates from Agricultural Sources, hereinafter referred to as the Commission, shall be notified, within 3 months from the date of operation, of any amendment or completion of the list of vulnerable zones.

ARTICLE 4

(1) In order to establish and/or review and complete the list of vulnerable zones, the Ministry of Waters, Forests and Environmental Protection shall request the competent factors to submit, within one year from the date of entry into force of this action plan and periodically, every 4 years, reports on the results of actions to:

(a) monitoring of nitrate concentrations in freshwater; it shall be carried out over a year, at least once a month or more frequently during periods of rain and flooding, in surface water control sections, and at regular intervals in control sections representative of aquifers;

(b) checking every 4 years the eutrophication status of freshwater and coastal waters.

2. In the control sections where the nitrate concentration in all previous samples was below 25 mg/l and no probable new factor of increase in nitrate content, the monitoring programme referred to in paragraph 2 has appeared. (1) (a) a) will be performed every 8 years.

(3) The measurement methods used are set out in Annex No. 2 and will be subject to updating in the light of advances in the field and the emergence of new standard methods of analysis and measurement.

ARTICLE 5

(1) In order to ensure, for all categories of water, a general level of protection against pollution, within one year from the date of entry into force of this action plan, the Commission shall develop:

(a) a code of good agricultural practice for farmers’ use, based on the framework content set out in Annex No. 3, which will be subject to updating according to advances in the field and the emergence of new technologies and agricultural practices with reduced impact on the environment;

b) a programme which shall include provisions on training and informing farmers in order to promote the Code of Good Agricultural Practice.

(2) In order to elaborate the Code of Good Agricultural Practice provided for in para. (1) (a) a) The Commission shall also consult the institutes coordinated by the Ministry of Waters, Forests and Environmental Protection and the Ministry of Agriculture and Food, as well as other specialized institutions.

ARTICLE 6

(1) In order to achieve the objectives set out in Article 1, no later than 2 years after the designation of vulnerable zones in accordance with Article 1, 3 para. (2) and, respectively, at the latest one year after the amendment or completion of the list of vulnerable zones, in accordance with Article 3 para. (3), the Commission shall establish action programmes relating to vulnerable zones.

(2) Action programmes shall be drawn up for all vulnerable areas within the country, as well as different programmes for certain vulnerable areas or for portions of vulnerable areas, as appropriate.

3. Action programmes shall take into account:

(a) available scientific and technical data, in particular on nitrate intake from agricultural and other sources;

(b) environmental conditions in the regions concerned.

(4) Action programmes shall be established for a period of up to 4 years and shall include the measures provided for in the Code of Good Agricultural Practice, as well as those provided for in Annex no. 4.

(5) In order to implement the action programmes provided for in para. (4) The Commission shall take additional measures at least every 4 years, depending on the amendments or additions communicated in accordance with Article 3 para. (3).

(6) The Commission shall propose the implementation and implementation of appropriate monitoring and control programmes to evaluate the effectiveness of the action programmes referred to in paragraph 6. (1).

ARTICLE 7

1. The Commission shall draw up a draft containing sets of measures for implementing the action plan, which shall also include the procedures and instructions for the supervisory and control system referred to in Articles 4 and 6.

(2) The project referred to in para. (1) will be submitted to the analysis of the support group, which will pronounce within 6 months through a binding point of view, adopted by the majority vote of the members; The leader of the Support Group, who is also a representative of the Commission, will not vote.

3. Based on the views of the Support Group, the Commission shall adopt the definitive measures and transmit them, within two months at the latest, to the relevant Ministries and to the Support Group.

ARTICLE 8

(1) Every 4 years the commission shall prepare a report containing information in accordance with the provisions of Annex no. 5, which will be submitted to the Ministry of Waters, Forests and Environmental Protection and the Ministry of Agriculture and Food and will be published within the National Water Quality Surveillance and Control System.

(2) Within 6 months of receiving the commission’s report, the Ministry of Waters, Forests and Environmental Protection and the Ministry of Agriculture and Food shall draw up, based on the commission’s report, a joint analysis including appropriate proposals for revision of the action plan, which shall be submitted to the Government and to the specialized committees of the Romanian Parliament.

ARTICLE 9

Within 2 years from the date of entry into force of this action plan, the Ministry of Waters, Forests and Environmental Protection and the Ministry of Agriculture and Food will adopt by joint order regulations, methodologies and procedures necessary for the implementation of this action plan.

ARTICLE 10

Annexes nr. Articles 1 to 5 shall form an integral part of this Action Plan.

ANNEX 1

to the action plan

CRITERIA

to identify waters affected by nitrate pollution and waters likely to be exposed to such pollution

1. Waters affected by nitrate pollution and waters likely to be exposed to such pollution shall be identified using, inter alia, the following criteria:

(a) if fresh surface water, used or intended for use as a source of drinking water, contains or is likely to contain amounts (concentrations) of nitrate nitrogen higher than those laid down in the standards for quality category I, unless action is taken in accordance with Article 6 of the action plan;

(b) if groundwater contains, or is likely to contain, nitrates in concentrations in excess of the maximum allowable limit by standards, unless action is taken in accordance with Article 6 of the action plan;

(c) whether fresh water from natural lakes, other sources of fresh water, coastal waters and marine waters is found eutrophic or could become eutrophic in the near future, unless action is taken in accordance with Article 6 of the action plan.

2. In applying these criteria, account shall be taken of:

(a) the physical, chemical and biological characteristics of water and soil;

b) the current situation of the impact of nitrogen compounds on the environment (water and soil);

(c) the current impact of measures taken in accordance with Article 6 of the action plan.

ANNEX 2

to the action plan

MEASUREMENT METHODS

Chemical fertilizers

The methods for determining nitrogen compounds in fertilisers shall be those laid down in:

1. SR ISO 4176/1994

Fertilizers. Dosage of nitric nitrogen. Gravimetric method with nitron;

2. SR ISO 5314/1994

Fertilizers. Dosage of ammoniacal nitrogen. Titrimetric method after distillation.

Freshwater, coastal waters and marine waters

The nitrate concentration shall be determined using the methods laid down in the following standards:

3. SR ISO 7890-1/1998

Water quality. Determination of nitrate content

Part 1: 2,6-dimethylphenol spectrometric method;

4. SR ISO 7890-3/1997 R 30

Drinking water. Determination of nitrates, spectrophotometric method with 2,6 dimethylphenol;

5. STAS 3048/1-1977

Drinking water. Determination of nitrates;

6. STAS 8900/1-1971

Surface water and wastewater. Determination of nitrates;

7. STAS 12999/1991

Sea water. Determination of nitrate content.

ANNEX 3

to the action plan

FRAME CONTENT

of the Code of Good Agricultural Practice

A. A code of good agricultural practice, with the objectives of reducing nitrate pollution and rationalising and optimising the use of fertilisers containing nitrogen compounds, and taking into account conditions in different regions of the country, shall contain provisions covering the following issues:

1. unsuitable periods for field application of fertilizers;

2. how to apply fertilizers on terrain on steep slopes;

3. restrictions on fertiliser application on water-saturated, flooded, frozen or snow-covered land;

4. conditions for fertilizer application on land located near water courses;

5. capacity and construction of animal fertiliser storage basins, including measures to prevent water pollution through surface run-off, infiltration into groundwater and surface water of effluents from the storage of animal fertilisers and plant materials (such as silos, etc.);

6. technologies and procedures for field application of chemical fertilisers and fertilisers of animal origin, including dosing rules and how to achieve uniform field application, so that nutrient losses through discharge into water are reduced and maintained at an acceptable level (nitrate content in groundwater and surface water does not exceed the limits allowed by technical regulations).

B. In addition to the above, the Code of Good Agricultural Practice may include:

7. land use management, including crop rotation and the proportion of land areas under permanent crops to annual crops;

8. maintaining on the ground a minimum amount of vegetation covering the land during rainy periods, in order to retain nitrogen in the soil, which could otherwise cause nitrate pollution of the waters;

9. establishing fertilization plans according to each crop and keeping records of fertilizer use for each soil;

10. Prevention of water pollution from surface runoff (siroring) and water spillage in irrigated crop systems, produced before water enters plant roots.

C. For chemical fertilisers, the Code of Good Agricultural Practice shall include provisions on:

11. method and conditions of delivery (excluding in bulk; only in durable impermeable bags of different capacities, bearing inscriptions or labels resistant to spoilage, clearly indicating the type of fertiliser, the chemical composition and concentration of the product, the degree of solubility, the date of manufacture and the storage life of the product, specific recommendations on transport and storage, name and address of the manufacturer, etc.);

12. storage and storage conditions and recommendations on the construction of warehouses;

13. prohibitions during transport, delivery, storage, handling and field application;

14. Ways of combining with organic fertilizers for application in the field.

D. The Code of Good Agricultural Practice shall contain information on the health risk posed by nitrate contamination of agricultural products and drinking water.

ANNEX 4

to the action plan

MEASURES

to be included in action programmes pursuant to Article 6 (6) 4) of the Action Plan

I. The measures shall contain rules concerning:

1. periods during which the application of certain fertilizers is not recommended or prohibited;

2. capacity of tanks for storing fertilisers of animal origin; this capacity must exceed the storage needs in all vulnerable zones, taking into account the longest periods of prohibition of field application of fertilisers, unless it can be demonstrated to the satisfaction of the competent authorities that any quantity of fertilisers of animal origin in excess of the current storage capacity will be treated in an environmentally sound manner;

3. limiting the number of field applications of fertilisers in accordance with good agricultural practice and taking into account in particular the characteristics of the vulnerable zone, in particular:

a) inclination of the land, soil characteristics and type, climatic conditions, irrigation, etc.;

(b) agricultural practices and land use arrangements, including crop rotation. Field application of fertilizers is based on a balance between:

b1) estimation-forecasting of nitrogen requirements of the crop;

(b2) the contribution of nitrogen to crops from soil and fertilisers, which must be justified on the basis of:

– the amount of nitrogen present in the soil in relation to the crop’s requirements;

– nitrogen input through net mineralization of soil organic nitrogen reserves;

– intake of nitrogen compounds through field administration of fertilizers of animal origin;

– intake of nitrogen compounds by administering chemical fertilizers and other fertilizers.

II. These measures shall ensure that for each farm or livestock unit the quantity of fertilisers of animal origin applied annually to the field, including that left by animals, does not exceed the specific norm per hectare. The specific norm per hectare is represented by the amount of fertilizer administered, which contains 170 kg of nitrogen. Derogations from this quantity may be made for the first 4-year action programme, where a specific standard of 210 kg nitrogen may be permitted.

III. The Ministry of Waters, Forests and Environmental Protection, through its competent subordinate units, may establish at local level the quantities referred to in point (b). II, on the basis of the number of animals, on a proposal from the Commission.

ANNEX 5

to the action plan

CONTENT

of

the reports referred to in Article 8 of the action plan

1. A statement of preventive action taken pursuant to Article 5

(2). A map representing the following:

(a) waters identified in accordance with Article 3 (a); (1) and Annex No. 1, by indicating, for each water, which of the criteria set out in Annex 1 shall be met. 1 have been used for identification purposes;

(b) the location of designated vulnerable areas, distinguishing existing areas and newly identified areas since the previous report was issued;

3. A summary of the results obtained under the monitoring system as referred to in Article 4, including a summary of the assessments and considerations which led to the identification and designation of each vulnerable zone or to any revision or addition of such zones

4. A summary of the action programmes drawn up in accordance with Article 6, focusing on:

(a) the measures referred to in Article 6 (a); (4);

b) any additional measure or action implemented in accordance with the provisions of Article 6 para. (5);

(c) a summary of the results of the monitoring and control programmes implemented in accordance with Article 6 para. (6);

(d) an assessment by the Commission of the most likely time limits within which the effects of action programme measures on the waters identified in accordance with Article 3 (a) are expected to be carried out. (1) achieve the expected results, indicating also the level of uncertainty of this estimate

5. Details and other information on the Code of Good Agricultural Practice which shall be deemed necessary through subsequent revisions of the action plan and to adapt it to technical and scientific progress.

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

Annex 5

IMPLEMENTATION PLAN

for

Directive 91/676/EEC

on the protection of waters against pollution caused

by nitrates from agricultural sources

June 2004

THE GOVERNMENT OF ROMANIA

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

CONTAINED

ABBREVIATIONS

1. INTRODUCTION

1.1 Legal acts and links with other sectors

1.2 Projects and studies

1.3 Data sources

2. CURRENT SITUATION

2.1 Transposition

2.2 Implementation

2.2.1 Competent authorities and stakeholders

2.2.2 Implementation weaknesses

2.2.3 Designation of vulnerable zones

2.2.4 Monitoring

2.2.5 Law enforcement

2.2.6 Technical compliance with the Directive

3. IMPLEMENTATION PLAN

3.1 Transposition of the Directive

3.2 Main objectives of the Action Plan

3.3 Transitional period

3.4 Detailed plan to cover the requirements of the Directive and the Action Plan

4. COST ASSESSMENT

5. FINANCING PLAN

GOVERNMENT OF ROMANIA

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

3 ABBREVIATIONS

ANAR National Administration “Apele Romane”

ANCA National Agency for Agricultural Consultancy

EPA Environmental Protection Agencies

CBPA Code of Good Agricultural Practice

DADR Directorates for Agriculture and Rural Development

GNM National Environmental Guard

GD Government Decision

ICIM National Institute for Research and Development for Environmental Protection

INHGA National Institute of Hydrology and Water Management

ICPA National Institute of Research and Development for Pedology, Agrochemistry and

Environmental Protection

IRCM National Institute for Marine Research and Development Grigore Antipa – Constanta

ISP Institute of Public Health

MAPDR Ministry of Agriculture, Forests and Rural Development

MMGA Ministry of Environment and Water Management

MoH Ministry of Health

GEO Government Emergency Ordinance

OSPA County Offices of Pedological and Agrochemical Studies

SNSCA National Water Quality Surveillance System

GOVERNMENT OF ROMANIA

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

4

1. INTRODUCTION

The main objectives of Directive 91/676/EEC contained in the Action Plan are to:

reduction of pollution caused or induced by nitrates from agricultural sources;

prevention of water pollution with nitrates.

Member States must identify the waters affected by this type of pollution and designate zones

Vulnerable. Action programmes containing compulsory measures shall be established for these areas

on the control of fertiliser application on agricultural land.

1.1 Legal acts and links with other sectors

Directive 91/676/EEC relates to:

Directive 75/440/EEC on the quality required of surface water intended for water sampling

Drinking

Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when

uses sewage sludge in agriculture;

Directive 98/83/EC on the quality of water intended for human consumption

Regulations on pollution control, including from agricultural sources existing in the legislation

Romanian are included in:

Environmental Protection Law nr. 137/1995, with subsequent amendments and completions;

Water Law nr. 107/1996;

Allah GD nr. 472/2000 on certain measures to protect the quality of water resources;

Order of the Minister of Agriculture, Food and Forests nr. 313/2001 to protect

environment and rigorous compliance with technological norms for soil water conservation

Allah GD nr. Regulation (EC) No 188/2002 approving certain rules on discharge conditions into the environment

aquatic wastewater.

Ordinance No. 34/2002 on integrated pollution prevention, reduction and control, approved by

Law nr. 645/2002

The legal document transposing all the requirements of Directive 91/676/EEC is GD nr. 964/2000

approving the Action Plan for the protection of water against pollution caused by nitrates from sources

Agricultural.

1.2 Projects and studies

The Ministry of Environment and Water Management is the beneficiary of the GEF project « Pollution Control

Agricultural » (050327-RO), within which the Code of Good Agricultural Practice was elaborated and

elaborated the study on the evaluation of the costs of implementing the Nitrates Directive. Also

MMGA coordinated the USAID project « Reducing Pollution Generated by Agricultural Activities »

GOVERNMENT OF ROMANIA

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

5

(APRA) under which an action programme has been drawn up and will be implemented in an area

vulnerable from Calarasi County.

MMGA funded and coordinated the development of studies on identification methodologies and

mapping of vulnerable areas and identification and assessment of vulnerable areas and other studies

necessary approved and adopted by the Commission for the implementation of the Action Plan.

1.3 Data sources

Data and information provided by:

National Institute of Research and Development for Pedology, Agrochemistry and Protection

Environment Bucharest (ICPA)

National Administration « Apele Romane » (ANAR)

National Institute of Hydrology and Water Management (INHGA)

Environmental Protection Agencies (EPAs)

National Institute for Research and Development for Environmental Protection (ICIM)

Ministry of Environment and Water Management (MMGA)

Statistical Yearbook of Romania 2002

2 CURRENT SITUATION

Territorial administrative structure of Romania:

263 cities, including 84 municipalities;

41 counties plus the country’s capital Bucharest;

2688 communes;

Allah 12751 villages.

Table 1 shows the general agricultural area of Romania by mode of use at

late 2000

Table 1. Agricultural area by mode of use at the end of 2000

Type of use Agricultural area

(thousand ha)

Structure

(%)

Arable 9381,1 63,2

Pastures 3441.7 23.2

Haystacks 1507.1 10.1

Vineyards and vine nurseries 272,3 1,8

Orchards and fruit nurseries 254,6 1,7

TOTAL 14856,8 100

Source: Statistical Yearbook of Romania 2002

In each county and in Bucharest activates an Environmental Protection Agency (EPA) and a

County Commissariat of the National Environmental Guard (GNM). Each of these units has

Inspection and control duties in accordance with the Environmental Protection Law and the organization and functioning regulations in

force.

THE GOVERNMENT OF ROMANIA

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

6

The National Administration “Romanian Waters” (ANAR) is the institution with the status of autonomous administration of

national public interest, under the authority of the MMGA. It manages and manages the waters of

the public domain of the state and the infrastructure of the

Water Management System (

reservoirs, dams, canals, interbasin derivations, water intakes and other specific works), as well as

the infrastructure of the

national systems of hydrological, hydrogeological

and

water quality monitoring, in order to know and manage unitary throughout the country.

water and underground resources. The National Administration “Apele Romane” has in its structure 11

Water directions, organized by basins and groups of river basins applying implementation

provisions of legislation harmonized with European Union directives in the field of management

sustainable water resources and conservation of aquatic ecosystems and wetlands.

2.1 Transposition

Directive no. 91/676/EEC concerning the protection of waters against pollution caused by nitrates from sources

Agricultural has been fully transposed by adopting the following national normative acts:

Allah GD nr. 964/2000 approving the Action Plan for the protection of waters against

nitrate pollution from agricultural sources and the establishment of the Commission and the Support Group for

implementation of the Action Plan for the protection of waters against pollution caused by nitrates from sources

Agricultural; Commission for the implementation of the Action Plan for the protection of waters against

pollution with nitrates from agricultural sources consists of specialists of the Ministry

Agriculture, Forestry, Water and Environment, and the Ministry of Health; To the Commission

functioning Support Group, composed of representatives of the National Administration “Apele

Romane”, of the basin committees and of some specialized institutes and units located in

subordination, coordination or authority of ministries.

Common Order No. 425/2001 and 105.951/2001 of the Minister of Water and Environmental Protection and of the

Minister of Agriculture, Food and Forests for the approval of the

the organisation and operation, tasks and composition of the Commission and of the Support Group for

implementation of the Action Plan for the protection of waters against pollution caused by nitrates from sources

Agricultural;

Order of the Minister of Waters and Environmental Protection no. 740/2001 approving the component

nominal Commission for the implementation of the Action Plan for the Protection of Waters against

nitrate pollution from agricultural sources;

Order of the Minister of Waters and Environmental Protection no. 918/2002 approving the Code

good agricultural practices for farmers’ use.

Order of the Minister of Agriculture, Forestry, Water and Environment nr. Regulation (EC) No 1072/2003 for the approval of

organization of Monitoring integrated national support for surveillance, control and decisions for

reducing the input of pollutants from agricultural sources into surface waters and waters

underground and for approving the appropriate surveillance and control programme, and

procedures and instructions for assessing surface water monitoring data and

Groundwater

2.2 Implementation

GOVERNMENT OF ROMANIA

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

7

2.2.1 Competent authorities and stakeholders

Responsibility

for the Directive:

Ministry of Environment and Water Management (MMGA)

Field

Activity:

Monitoring of surface water and groundwater (nitrate content) and

agricultural management (code of good agricultural practice,

action and implementation of necessary measures)

Ministries and

Authorities

cooperating:

Ministry of Agriculture, Forests and Rural Development

Ministry of Administration and Interior

Ministry of Health (MoH) and county authorities

The factors involved and their responsibilities are presented in Table 2:

Table 2. Competent factors and their responsibilities

Empowered Factor Responsibility

National Institute for Research and Development

for Pedology, Agrochemistry and Protection

Environment (ICPA) and 37 County Offices

Pedological and Agrochemical Studies

(OSPA) under the technical coordination of

ICPA

Focal center, monitor quality

Farmland

Identify vulnerable areas

Review vulnerable areas

Participates in the elaboration and coordination of

implementation of action programmes in

vulnerable areas

National Administration « Apele Romane »

(ANAR) and the National Institute of

Hydrology and Water Management

(INHGA) subordinated to ANAR

Focal center, monitors water quality

surface and underground (nitrate level)

Monitors the eutrophication status of

freshwater and coastal waters

Identifies and cadastre waters affected by

Nitrate pollution

Participates in the elaboration and coordination of

implementation of action programmes in

vulnerable areas

Control the implementation of programs

Action and proposed measures

Environmental Protection Agencies (EPAs) Participate in the development and follow-up

implementation of Action Programmes

National Institute for Research and Development

for Environmental Protection (ICIM)

Participates in the development of methodologies,

Studies and research

Participate in the identification of areas

Vulnerable

National Agency for Agricultural Consultancy

(ANCA) together with County Directorates

for Agriculture and Development

Rural (DADR)

Training and informing farmers in

in order to implement the provisions

Code of Good Agricultural Practice (CBPA)

GOVERNMENT OF ROMANIA

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

8

Empowered Factor Responsibility

Institute of Public Health (ISP) Monitors nitrates in drinking water

Basin Committees Endorse Action Programmes and Measures

Public administration at county level and

Common

Create and manage the platforms

communal garbage disposal

stable

Apply management regulations,

handling and application of manure

Participate in the implementation of programs

Action

Farms and farms CBPA compliant

Implement action programs

Realizes storage spaces

manure and slurry

Apply management regulations,

Garbage treatment, handling and application

stable and slurry

National Institute for Research and Development

Marina Grigore Antipa – Constanta

(IRCM)

Develops and implements programs

improvement of eutrophication status of waters

from the coastal zone

County Directorates for Agriculture and

Rural Development (DADR)

Participate in the implementation of programs

Action

Participates in the elaboration and coordination of

implementation of action programmes in

vulnerable areas

Control the implementation of programs

Action and proposed measures

National Environmental Guard (GNM) and

Its county commissariats

Inspection and control of enforcement

specific in the field of environmental protection

2.2.2. Implementation weaknesses

Surface water and groundwater are monitored regularly, but laboratory facilities are worn out and

Insufficient; In addition, the computerization network between monitoring factors and

control.

Agricultural land is monitored in part in terms of soil nutrient levels and

the quantities of fertilizers applied, but the computerization network between the factors of

monitoring and control; In addition, laboratory and sample collection facilities are worn out, and

Insufficient.

Existing farms and livestock complexes have manure and livestock storage facilities.

liquid manure, but mostly it is necessary to rehabilitate and reconstruct it; is

necessary rehabilitation and modernization of existing wastewater treatment plants; It is also necessary

rehabilitation or reconstruction of old or inadequate manure disposal facilities, and

endowment with equipment for handling and administration of natural organic fertilizers.

GOVERNMENT OF ROMANIA

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

9

There are many traditional livestock farming areas in rural households, but there are none at

level of common platforms for storage and storage of manure and slurry,

as well as equipment for handling and administering natural organic fertilizers; of

There are also very few individual manure storage and storage platforms

and liquid manure in households of small agricultural producers.

2.2.3 Designation of vulnerable zones

Nitrate contamination from agricultural sources has been analysed and evaluated in order to identify areas

Vulnerable. The definition of vulnerable zones was made according to the sources of nitrate pollution and

the characteristics of the soil/unsaturated zone of nitrate transmission to groundwater, groundwater

and

/or surface waters by using the developed Methodologies for

identifying and mapping vulnerable areas in terms of nutrients from agricultural sources.

The results of the assessment of the potential risks of damage to the soil and the waters into which they drain have

allowed identification of the following vulnerable zones by category (A), (B) and (C).

(A) Potentially vulnerable areas as a result of nitrate entrainment to water bodies of

runoff area on slopes: 5650 km2, i.e. 2.37% of the country’s surface and 3.82% of

agricultural area;

(B) potentially vulnerable areas (medium vulnerability risk) by leaching nitrates below

soil layer to free aquifers: 13759 km2, ie 5.77% of the country’s surface, respectively

9.30 of agricultural area;

(C) areas at high risk of vulnerability to nitrate leaching under the soil layer to

free aquifers: 1200 km2, i.e. 0.50% of the country’s surface, respectively 0.81% of the surface

Agricultural.

In a geographic information system, the map of potentially vulnerable areas may overlap

Map of nitrate imports/exports at commune level and nitrate flow to

area/groundwater aquifers established on the basis of the number of animals in the commune, crops

cultivated, soil type, hydrogeological conditions. Such maps are being developed

for the entire territory of the country.

A first assessment of these areas leads to the following situation:

positive nitrate balance in potentially vulnerable category A zones: 474,685 km2;

positive nitrate balance in potentially vulnerable category B zones: 2511,155 km2;

Positive nitrate balance in potentially vulnerable category C zones: 158.94 km2.

Areas identified, at commune level, within counties and classification by categories of areas

vulnerable, are shown in Table 3:

Table 3. Vulnerable areas

Affected area NO3 (kg/ha/year) Surface Category

Locality County import – export Km2 vulnerability

GOVERNMENT OF ROMANIA

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

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Affected area NO3 (kg/ha/year) Surface Category

Locality County import – export Km2 vulnerability

Francesti VL 740 30.15 B

Blejoi PH 516 15.55 B

Beaumuseni CL 515 64.54 B

Lipanesti PH 361 15.07 B

Baile Govora VL 305 5.31 B

Bukov PH 253 28.44 B

Chiscani BR 247 53.56 B

Gugesti VR 234 26.39 B

T.Vladimirescu BR 184 87.72 B

Crevedia DB 139 45.46 B

Vadeni BR 121 119.04 B

Babeni VL 117 24.78 B

Tg.Jiu GJ 84 60.15 B

Misli cocoons PH 82 11.14 B

Balan HG 75 0.72 B

Seini MM 71 39.65 AB

Balesti GJ 67 56.62 B

Codlea BV 51 52.25 B

Doicesti DB 35 6.48 B

Bod BV 31 29.02 B

Cleja BC 26 26.09 B

Sink BN 26 26.96 B

Tatarani DB 15 21.64 B

Ticleni GJ 13 24.52 B

Saulesti GJ 12 23.37 B

Sohatu CL 11 70.35 B

Campina PH 10 5.67 AB

Bran BV 6 36.45 AB

Zimnicea TR 6 126.15 B

Moieciu BV 4 23.64 A

Mircesti IS 4 26.66 B

Chitila SAI 4 7.83 B

Jebel TM 4 99.68 B

Brush TM 1 90.5 B

Botosana SV -1 27.52 A

Maliuc TL -2 18.17 C

Cosesti AG -4 26.82 B

T.Vladimirescu GL -4 43.55 C

Tatarusi IS -6 32.2 AB

Bathroom SV -6 32.08 B

Gaesti DB -7 17.78 C

Buffaloes IS -7 59.27 B

Danesti GJ -7 48.82 B

Solca SV -8 25.27 A

Ciurea IS -9 26.94 B

GOVERNMENT OF ROMANIA

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

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Affected area NO3 (kg/ha/year) Surface Category

Locality County import – export Km2 vulnerability

Udesti SV -10 52.55 AB

Sieut BN -10 47.39 B

Save BN -10 30.07 B

Ivesti GL -11 64.64 B

Bosanci SV -11 45.18 AB

Tismana GJ -11 96.36 AB

Fieni DB -13 10.62 A

Ipotesti SV -13 17.26 A

Moreni DB -13 9.57 B

Urziceni SM -14 27.42 C

Glogova GJ -14 13.78 B

Malini SV -14 42.85 AB

Salacea BH -15 56 B

Goats GJ -15 27.66 A

Tasnad SM -15 93.93 AB

Tamaseni NT -16 20.46 B

Turceni GJ -17 44.18 B

Macea AR -17 66.2 B

Costuleni IS -17 43.39 B

Peacocks VR -17 41.5 B

Prejmer BV -18 53.75 B

Gaiseni GR -18 23.45 C

Strehaia MH -18 41.63 B

Buhusi BC -18 24.81 B

Boldesti Gradiste PH -18 32.45 B

Farcasses OT -18 28.69 B

Cruiser SM -19 16.5 A

Sintereag BN -19 45.27 B

Odobesti DB -19 28.57 C

Cracaoani NT -19 31.93 A

AG Citizens -20 19.24 B

Horses BC -20 34.12 B

Pristol MH -20 32.69 B

Gheraesti NT -20 28.51 AB

Casin BC -20 24.82 B

Brimstone DB -20 21.51 A

Aroneanu IS -20 29.76 B

Bustuchin GJ -20 36.1 A

The relatively low percentage of affected areas is explained by the sharp reduction in activities

Livestock and agricultural and implicitly the use of chemical and organic fertilizers.

2.2.4 Monitoring

GOVERNMENT OF ROMANIA

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

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Description of the existing system

In Romania, the water monitoring activity is carried out within the National Water Monitoring System

Water Quality Surveillance (SNSCA), a system managed by ANAR through the compartments

with specific profile from basin water management units.

Water quality surveillance in Romania was initiated as early as 1954, but began to be

carried out systematically since 1965.

Depending on the nature and type of resource, the national water quality monitoring system is

consisting of the following subsystems: rivers, lakes (natural and reservoir), marine waters

coastline, groundwater. At the same time, given the decisive role in the formation of

polluting potential of natural resources, the national system also includes the control of sources of

pollution that is achieved by water users by controlling samples and residue under

quantitative and qualitative aspect.

Based on the monitoring activity carried out within the National Surveillance System

Water Quality is carried out annually synthesis on water quality, by river basins and

national level.

Within the SNSCA, rivers are monitored in slow flow and in fast flow, the two types of

monitoring being differentiated by the way data is obtained and circulated, as well as by

the purposes pursued. Quality monitoring of fast-flowing rivers is carried out at the level of 57

sections, with a daily frequency, analysing a narrow range of quality indicators (including

nitrate parameter). In slow flow, a number of 318 sections per representative are monitored

for surface water courses (sections of order I) with a monthly sampling frequency, and

analyze. Slow flow information mainly serves to assess the overall state of quality

water and its evolutionary tendencies. Also, at local level, management units

The basin establishes monitoring sections of lesser importance, of local interest, called

sections of order II; These sections are monitored with less frequency: 4-12 times a year.

Within SNSCA are monitored a number of 100 representative lakes (of order I) with

seasonal frequency, thus checking, in particular, their trophic status. Locally can be

other lakes of lesser importance and local interest – second order lakes – monitored lakes.

Surface waters intended for drinking (rivers, reservoirs) are monitored in

compliance with the requirements of Directives Nos 75/440/EEC and 79/869/EEC governing the requirements of

quality which surface fresh waters used for drinking purposes must satisfy

before appropriate treatment (drinking) and lay down methods for the determination of

reference as well as monitoring frequency.

These directives have already been transposed into Romanian legislation by GD nr. 100/2002

‘Quality standards to be met by surface waters used for

drinking” – NTPA 013 and NTPA 014.

According to these European directives, as well as GD no. 100/2002, the competent authority in

the field of water management, respectively the National Administration “Romanian Waters”, has established a

surface water quality monitoring network for drinking water consisting of 187 sections

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sampling (of which 104 monitored and 83 new sections proposed), where everyone will be monitored

specified quality indicators (including chemical parameter nitrates) with a frequency of

monitoring between 4 – 12 times a year, depending on the number of inhabitants served.

The activity of monitoring and knowledge of groundwater quality is carried out within the

river basins, by morphological units, and within them, by aquifer structures, by

through hydrogeological stations consisting of one or more boreholes of

observation, considered characteristic. Currently, 1405 hydrogeological boreholes are monitored,

analysing a wide range of parameters (including nitrates).

In areas where important pollution sources are located that can have an impact on

Local groundwater quality monitoring systems are in place. Through

These systems monitor the possible occurrence of pollution of the underground aquifer, as well as

their dynamic evolution, in relation to the measures taken to combat the causes that produced

these pollutions.

For the specific monitoring of pollution from agricultural sources and activities, it was recently approved by

Order of the Minister of Agriculture, Forests, Water and Environment nr. 1072/2003 Organization

monitoring integrated national support for supervision, control and decisions to reduce

the contribution of pollutants from agricultural sources to surface water and groundwater,

which is part of the National Integrated Water Monitoring System, managed by

“Romanian Waters” National Administration, through basin water management systems.

The same normative act approved the corresponding Surveillance and Control Program,

and procedures and instructions for assessing pollutant monitoring data

from agricultural sources in surface water and groundwater.

The objectives of this subsystem are to:

– monitoring and monitoring the concentration of nitrates and other nitrogen compounds

(excluding molecular nitrogen) in freshwater and groundwater (aquifers), such as

and other pollutants from agricultural sources, in control sections representative of

diffuse and point sources from agriculture;

– establishment of representative sampling sections and monitoring frequency;

– realization of the monitoring network and focal center;

– evaluation, processing and interpretation of the data obtained;

– identification of waters affected by pollution from agricultural sources, preparation of cadastre and

maps of these waters;

– transmission of data to the soil quality monitoring system and exchange

permanent data with it, within the integrated national system;

– identification and control of polluting sources;

– participation in the decision-making process of reducing pollution and eliminating sources

polluters ;

– reporting to the ministry and competent bodies.

The water monitoring will have a focal center linked by computer network to the systems

local surveillance and monitoring across the country.

Monitoring data must provide a sufficient set of information on pollution by

nitrates of water resources, with establishment of monitoring sections and analytical methods used

when determining concentrations of nitrates and other pollutants.

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Surface water and groundwater quality monitoring programme for concentrations of

nitrates from agricultural sources will be finalized by the National Administration “Romanian Waters”

and must be implemented within the National Integrated Water Monitoring System, at

watersheds.

The existing monitoring network should be supplemented by new sampling sections in the

where there is a tendency to exceed the concentration of nitrates from agricultural sources (based on data

on the cadastre of waters affected by nitrates from agricultural sources and on the basis of data on

mapping the distribution of crops and livestock farms and the data provided

national soil monitoring).

For surface waters (rivers, lakes, transitional waters, coastal waters) both

monitoring and evaluation of chemical and biological status (biological elements, elements

hydromorphological and physico-chemical elements – including specific trophic status of waters.

Monitoring requirements of the Directive

For the purpose of establishing and/or reviewing and supplementing the list of vulnerable zones (in

specifically for waters affected by nitrate pollution), GD nr. 964/2000 – art.4 provides:

Monitor nitrate concentrations in freshwater at least 12 times during the

a year or more often during periods of rain and flooding, in control sections

for surface waters;

Checking every 4 years the eutrophication status of freshwater and waters in the area

coastal.

It is also mentioned that in the control sections where the concentration of nitrates in all

previous samples were below 25 mg/l and no new factor likely to increase the content

of nitrates did not appear, the surveillance program will be carried out once every 8 years.

Upgrading the existing system

ANAR will analyze the monitoring system of waters in vulnerable areas after declaring

by Order of the Minister of Environment and Water Management. It will also be established

sampling and analysis sections for waters affected by nitrate pollution or likely to be

affected by nitrate pollution.

As a result of the study and methodology for the development of the monitoring and control system of

surface water and groundwater and the draft monitoring programme, and

appropriate control and procedures for the supervisory and control system developed, both

for water and soil, by the end of 2004 it will be institutionalized, and in 2005 organized,

established, and supported, using appropriate control and monitoring structures and systems,

existing within units and institutions subordinated, under the authority and coordination of

MMGA, Integrated National Support System for Monitoring, Surveillance, Control and Decisions,

consisting of two interactive subsystems for water and soil, which will collect, store, process,

assess and report data on water and soil quality and prepare cadastre and maps with

polluted waters and sensitive and vulnerable areas, by the end of the first action programme

which will be completed in 2011.

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Based on agrochemical mapping, the nutrient situation in soils used as agricultural land,

distribution of land areas occupied by livestock farms (including storage structures of

manure and wastewater treatment plants), the situation regarding emissary sections

affected by nutrient pollution from agricultural sources or likely to be affected in the future,

position permanent or mobile monitoring stations. This system will be able to offer

permanent up-to-date data and for other indicators on the presence of other

pollutants such as heavy metals, pesticides, petroleum products, etc.

2.2.5 Application of specific legislation

According to the normative acts in force, any agricultural farm or livestock complex cannot

operate without environmental agreements, permits and permits including, inter alia, permits, and

water management permits, issued, where appropriate, by public authorities for the protection of

environment, which also conduct the permitting procedure. Requesting and obtaining the environmental permit are

mandatory where the holders of activities are to carry out or be subject to a

procedures for: sale of majority stake, sale of assets, merger, division,

concession, dissolution followed by liquidation, according to the law.

Requesting and obtaining environmental consent are mandatory for public or private projects

new investments or modification of existing ones, related to agricultural activities with an impact on

Environment. In order to obtain environmental approval, projects that can have significant impact

on the environment, by virtue of their nature, size or location, are subject, according to the decision of the

competent authority for environmental protection, to environmental impact assessment.

Requesting and obtaining the environmental permit are mandatory both for carrying out the activities

existing, as well as at the start of new activities, for which environmental consent has been obtained. For

Obtaining the environmental

permit, existing activities that do not comply with the environmental norms and

regulations in force are subject, according to the decision of the competent authority for

environmental

protection, to an environmental balance.

The environmental approval, agreement and/or authorization shall be issued only if the projects, respectively

the

compliance programs regarding the existing activities provide for the elimination

of the negative consequences

on the environment, in relation to the applicable provisions of the technical norms and

regulations in force. The validity of the environmental permit is 2 years from the date of issuance, in

if there is no change in the conditions under which it was issued or used for the purpose of:

which has been issued. The environmental agreement is valid throughout the implementation period of the project,

but loses its validity if the investment works for which it was issued do not begin in

maximum 2 years from the date of issue. The competent authorities for environmental protection shall control:

compliance with the conditions imposed in the environmental agreement. The validity of environmental permits is

no more than 5 years.

The environmental agreement and authorization shall be suspended for non-compliance with their provisions or

compliance programs, after a prior notice, with a deadline; the suspension shall be maintained

until the elimination of the causes, but not more than 6 months. Competent authority for the protection of

the environment orders, after expiry of the suspension period, to stop the execution of the project, or

cessation of activity when the conditions set out in the order have not been met. The provisions of

Suspension, as well as those of termination of the project or activity are enforceable. For

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existing activities which do not meet the conditions for authorisation the competent authority for

Environmental protection orders the environmental balance to be carried out within a maximum of one year from

the date of finding the non-fulfillment of these conditions and negotiates with the owner of the activity the program

for compliance, and staging for water management, based on conclusions, and

recommendations from the environmental review.

The environmental authority also requests for the execution of works a management permit

water and, in the case of putting into service or operation, a water management permit.

A new body, whose functioning and organization were institutionalized by HG, established in

2003, is the National Environmental Guard (GNM) which has in each county and in Bucharest

own commissariats.

The main tasks of GNM are the control of activities with major impact on the environment and

intervention to eliminate or limit the effects of pollution.

According to the legislation in force, liquid manure and chemical fertilizers are classified as

pollutants which can seriously affect aquatic ecosystems and the quality of surface water and groundwater,

And in case of environmental pollution with these substances, legal penalties are provided.

The Code of Good Agricultural Practice is applied compulsorily in vulnerable areas and voluntarily in the rest

Country.

2.2.6 Technical compliance with the Directive

In Romania the number of farms is constantly changing. After 1989 agricultural farms and

State zootechnics were gradually abolished. With their disappearance, agriculture has suffered a

a strong regression process, which is still manifesting itself today, although the private sector is in

full ascension. Most farms, of the “individual farming person” type, in the absence of

subsidies, practice non-performing production technologies, lacking a material basis

safe and stable. The same applies to associations of small farmers, which

encounters great difficulties, primarily of a financial nature.

A large proportion of these farms use manure as the main fertilizer, being the most

Inexpensive and the most available fertilizer. Because of this, the consumption of chemical fertilizers has

Low. In all regions of Romania, the average of the specific norm of nitrogen fertilizers is

frequently less than 170 kg/ha of N.

The livestock sector had a downward trend, as shown in Table 4:

Table 4. Evolution of the number of animals (thousand heads)

Species:

1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, Cattle: 6291, 5381, 4355, 3683, 3597, 3481, 3496, 3435, 3235, 3143, 3051, 2870, Pigs: 11671, 12003, 10954, 9852, 9262, 7758, 7960, 8235, 7097, 7194, 584 8 4797 Sheep 15453 14062 13879 12079 11499 10897 10381 9663 8937 8409 8121 7657 Horses 663 670 749 721 751 784 806 816 822 839 858 865 Birds 49390 51475

50213 42406 37981 36233 38574 38883

35089

37272 38497 40760

Source: Statistical Yearbook of Romania 2002

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The following table provides an overview of fertiliser consumption (including fertilisers

) in thousands of tonnes.

Table 5. Chemical and natural fertilizers used in agriculture

Type: 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000

Chemical 1103 464 422 538 479 470 435 404 383 331 342

Nitrogenous 656 275 258 346 313 306 268 262 254 225 239

Phosphate 313 145 133 165 149 149 153 129 114 93 88

Potassic 134 44 31 27 17 15 14 13 15 13 15

Natural 24791 16910 15792 17125 16945 17423 17871 16513 15842 16685 15813

Source: Statistical Yearbook of Romania 2002

In 2000, the average amount of chemical fertilizers was 36 kg per hectare (relative to

total area of arable land). It was almost 4 times smaller than in 1989. But there is

some differences between regions in actual fertiliser consumption.

Urine and liquid phase resulting from the breakdown of faeces from cattle and horses

held in households are usually collected in non-insulated earthen pits that allow diffusion into

groundwater of nutrients, especially nitrates. In the case of pigs, this effluent infiltrates

directly into the soil, not being taken up by any kind of collector channel.

The householder cannot appreciate the extent of fluid accumulation in the pit due to phenomena

quasi-permanent evaporation and infiltration into the soil. Infiltration into the soil is amplified during

wet seasons due to rainfall that washes away portions of garbage accumulated on the ground, and

areas where poultry are allowed to move freely.

Apart from the fact that households do not have airtight effluent storage tanks from

animals, no emptying is carried out to take it over and transport it.

Where some farms survived the process of dissolution of former CAPs or IASs,

Adult animals are kept in shelters (sheds) of the idustrial type, which have a central channel of

manure collection, located under the floor. The manure is discharged mechanically either to a platform

and/or storage basin located at the rear of the hall, or are loaded directly into trailers using

conveyor belts and unloaded at the farm’s own platform.

The situation of storage capacities in livestock farms, by counties is presented in Table 6:

Table 6. Situation of natural fertilizer storage capacities on farms

livestock on 15.12.2002

No of which:

Crt.

COUNTY Capacity

storage

m3 Cattle m3 Sheep m3 Pigs m3 Poultry m3 Horses m3

TOTAL 34700493 15179742 1486564 16354190 1626374 53623

1 ALBA 49550 46150 800 1400 1200 0

2 ARAD 29148200 13187750 1124200 14234500 583500 18250

3 ARGES 14600 6300 1200 3500 3600 0

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No of which:

Crt.

COUNTY Capacity

storage

m3 Cattle m3 Sheep m3 Pigs m3 Poultry m3 Horses m3

4 BACAU 320200 11400 0 23000 285800 0

5 BIHOR 907956 44722 9538 684950 158000 10746

6 BISTRITA NASAUD 46250 18450 6000 800 15000 6000

7 BOTOSANI 10500 3500 0 2000 5000 0

8 BRASOV 876845 408361 85346 246922 136216 0

9 BRAILA 40500 5500 1000 8500 25000 500

10 BUZAU 150364 108795 10951 926 28600 1092

11 CARAS SEVERIN 34000 0 0 9000 25000 0

12 CALARASI 204830 22820 5000 161210 10200 5600

13 CLUJ 98629 83574 900 13195 960 0

14 CONSTANTA 177674 40544 4105 25251 106010 1764

15 COVASNA 234300 227800 0 6000 0 500

16 DAMBOVITA 84695 7600 0 73895 3200 0

17 DOLJ 25150 9300 0 4000 11850 0

18 GALATI 169051 18535 120645 3091 26050 730

19 GIURGIU 8000 8000 0 0 0 0 0

20 GORJ 36100 0 0 5600 30500 0

21 HARGHITA 4680 4680 0 0 0 0

22 HUNEDOARA 10920 2400 350 1770 6400 0

23 IALOMITE 420350 78850 44000 286700 10800 0

24 IASI 175315 88500 37875 10815 38125 0

25 ILFOV 71109 19664 168 36218 14968 91

26 MARAMURES 3350 1640 0 750 960 0

27 MEHEDINTI 2550 2550 0 0 0 0

28 MURES 135067 105924 3086 24022 235 1800

29 NEAMT 20800 13300 400 6800 100 200

30 OLT 13600 4500 7100 2000

31 PRAH OVA 13598 12053 670 505 300 70

32 SATU MARE 51590 41700 3000 6890 0 0

33 SALAJ 7100. 5000 0 700 1400 0

34 SIBIU 144970 59100 11250 68920 5700 0 35 SUCEAVA 3400 2200 0 100 600 500 36 TELEORMAN 279450 170680 0 92420 16350 0 37 TIMIS 194100 64200 7100 119700 0 3100 38 TULCEA 80000 27350 0 52500 150 0 39 ROWING 47750 12950 1000 5000 28800 0 40 VALCEA 29000 6000 0 10000 13000 0 41 VRANCEA 354400

197400 7980 115540

32800

680

42 M. BUCHAREST

0 0

0

0 0 0 0

Straw bedding of animals is taken after use to the same litter platform. Water

From rainfall, it washes the manure on the concrete outer portions, polluting the areas

around the farm, there are not enough sewers and storage basins.

In pig farms, manure collected in the channels provided under the floor of the hall is

transported by pumping to large semi-waterproofed pits located outside

Farm. No efforts are made to use the resulting manure, except with few exceptions, there

where a treatment of liquids resulting from the separation of the phase from the mass of pumped manure is also carried out

liquids of solid one, in separators with sieves.

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In general, the platform of livestock farms for raising cows has a typical area of 230 m

length and 30 m width. Unloaded garbage is accumulated in piles 3 m high and left to

maturation over a period of up to one year. In general, the garbage thus composted is used as

Fertilizer.

According to statistics, at the end of 2000, farms in Romania had a number of

160053 tractors, 123192 plows, 57709 seeders, 8635 fertilizer spreaders

chemical and 7371 sprayers and dusters. Existing equipment is inadequate both from

in terms of quantity and quality of the production process

Agricultural. In terms of modern handling, storage and management equipment

Natural fertilisers, which do not allow loss by evaporation and runoff, with rare exceptions, are

It can say it doesn’t exist.

3 IMPLEMENTATION PLAN

3.1 Transposition of the Directive

Directive no. 91/676/EEC concerning the protection of waters against pollution caused by nitrates in

Agricultural sources have been fully transposed.

The provisions of the Directive are transposed into the Action Plan for the Protection of Waters against

pollution with nitrates from agricultural sources, approved by GD nr. Regulation (EC) No 964/2000 and hereinafter referred to as the Plan

action.

3.2 Main objectives of the Action Plan:

The main objectives of the Nitrates Directive contained in the Action Plan are as follows:

Reducing pollution caused or induced by nitrates from agricultural sources;

Prevention of water pollution with nitrates;

rationalizing and optimizing the use of chemical and organic fertilizers;

3.3 Transitional period:

No transitional period is required. By the date of accession in 2007 will be established and adopted

first action programmes. The implementation of the first action programmes will be completed in the year

2011 due to measures requiring:

high investment costs and compliance and staging plans required by construction

platforms and tanks for the storage of manure and slurry within

communes, as well as for the modernization and rehabilitation of platforms and basins

storage of manure and slurry and systems for the disposal and treatment of

manure within existing complexes;

development of the technical basis for joint mechanization of handling operations and

manure management;

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Conducting training courses for a large number of farmers and small producers

farmers in order to implement the code of good agricultural practice and to achieve

the results which the Directive pursues.

3.4 Detailed plan to cover the requirements of the Directive and the

Action

A. Main requirements of the Action Plan

1. Identification of waters affected by, or likely to be exposed to, nitrate pollution

pollution and the establishment of appropriate monitoring and control programmes.

2. Preparation of the cadastre of these waters.

3. Designation of vulnerable areas.

4. Develop a code of good agricultural practice and training programmes and

informing farmers in order to promote the Code.

5. Elaboration, implementation and implementation of action programmes.

6. Other requirements for implementation:

6.1. Responsibilities

6.2. Reports

6.3. Regular reviews of the action plan

6.4. Development and adoption of national regulations necessary for implementation

action plan.

B. Requirements implementation plan

1. Identification of waters affected by nitrate pollution or likely to be exposed to

such pollution and the establishment of appropriate monitoring and control programmes

2. Preparation of the cadastre of these waters

a) Summary of objectives

Provision for identification of waters affected by nitrate pollution or likely to be exposed

such pollution, in particular of surface water, groundwater and eutrophic water, is

stipulated in Articles 3 and 4 of the Action Plan.

The Action Plan stresses the importance of monitoring nitrate concentrations in all

water categories, and a schedule of such surveillance, including waters showing a

state of eutrophication. Basic criteria for identifying waters affected by nitrate pollution and

of waters likely to be exposed to such pollution are listed in ANNEX 1

to Action Plan. For the application of these criteria, physical characteristics shall be taken into account,

chemical and biological water and soil, current situation of impact of nitrogen compounds on

environment and current status of measures taken in accordance with the provisions of Article 6 of the

Action.

For the needs of the Nitrates Directive, which are identical to those of the Action Plan, it is

It is necessary to distinguish between two different types of monitoring:

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Monitoring to identify polluted or potentially polluted waters and

to which vulnerable zones are designated;

Monitoring carried out in order to evaluate the effectiveness of action programmes.

The first type of monitoring, carried out through the surveillance and control system, in the framework of a

surveillance program, covers the entire territory of Romania; Monitoring of concentrations

nitrates in fresh water are carried out throughout the year, at least once a month or May

often during periods of rain and flooding, in the control sections for

surface area and at regular intervals for control sections representative of aquifers.

The eutrophication status of freshwater and coastal waters shall be checked every 4 years.

The factors responsible for carrying out this monitoring shall submit reports to the MMGA every four years on

the results of these activities, unless, in control sections where the concentration of

nitrates in all previous samples were below 25 mg/l and no new growth factor

probable nitrate content has not occurred, in which case the monitoring programme will

perform once every eight years.

The second type of monitoring concerns only vulnerable zones and will be applied to waters

polluted or threatened with pollution and agricultural land, identified by the first type of

monitoring. Separately from monitoring nitrates contained in water, it is also necessary to

establish nitrate intakes and their levels in soil and the degree of contamination. In this

Article 7 provides for the elaboration of a project containing sets and measures

for the implementation of

the Action Plan, which will also include procedures and instructions for

surveillance and control systems and for both types of monitoring.

All measurements shall be carried out in accordance with the measurement methods set out in Annex

2 to the action plan.

b) Identification of implementation stages

Preparatory phase of implementation

attribution: Analysis of current water status in accordance with the requirements of the Action Plan

Responsibilities: MMGA/ ANAR/ INHGA

Term: Permanent. Data collected in 2001 shall be considered

Identification of existing data (water quality parameters and sampling sections)

samples)

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 02/2001 – completed

Collecting the necessary water quality data

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Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 10/2001 – completed

Preparation of methods for assessing water quality, taking into account sources of pollution

with nitrogen of agricultural origin

Responsibilities: MMGA/ ICIM – Bucharest

Deadline: 10/2001 – completed

Evaluation of water quality data

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 12/2001 – completed

Implementation phase

Specification of criteria and methodology for identifying waters affected by nitrate pollution

from agricultural sources and sources likely to be exposed to such pollution

Responsibilities: MMGA/ ICIM – Bucharest

Deadline: 12/2001 – completed

Identification of waters affected by nitrate pollution from agricultural sources and those susceptible to

be exposed to such pollution and draw up the cadastre of these waters

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 12/2002 – completed

Surveillance and control phase

Preparation/adjustment of methods.

Preparation of the monitoring and control program for the surveillance and control system.

Procedures, methodologies and instructions for evaluating monitored data.

Responsibilities: MMGA/ I.C.I.M. – Bucharest

Deadline: 10/2002 – completed

Establishing the network for periodic monitoring of water and the factors that will collect, store,

assess and report the data obtained to the Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from agricultural sources.

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 12/2004

Regular reporting (every four years) to the Commission for the implementation of the Action Plan

for the protection of waters against pollution caused by nitrates from agricultural sources, the results

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monitoring activity in order to establish and/or review and supplement the list of areas

Vulnerable.

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: 12/2004 and every four years from the date of establishment of the monitoring network and

start of regular monitoring (from 2007 onwards)

Regular review of the cadastre of waters affected by nitrate pollution from agricultural sources and

those likely to be exposed to such pollution

Responsibilities: MMGA/ ANAR/ INHGA

Deadline: every four years from the date of drawing up the first cadastre of these waters.

3. Designation of vulnerable drainage zones in waters affected by nitrate pollution

or likely to be exposed to such pollution and contributing to

Their

a) Summary of objectives

Provisions and procedures for the designation of vulnerable drainage zones in waters affected by

pollution caused by, or likely to be exposed to, nitrate pollution and contributing to

their pollution and review are specified in Article 3 of the Action Plan. Flax

To this end, within two years of the entry into force of the Action Plan, the MMGA will

designate the list of vulnerable zones draining into waters affected by nitrate pollution

or likely to be exposed to such pollution and contributing to its pollution.

The MMGA shall review and/or complete the list of vulnerable zones every four years,

analysing and taking into account changes and factors unforeseen at the time of composition

Its.

Commission for the implementation of the Action Plan for the Protection of Waters against Pollution by Nitrates

come from agricultural sources shall be notified within three months of the date of operation of any

amending or supplementing the list of vulnerable zones.

b) Identification of individual phases

Preparatory implementation phases

Identification of data necessary for the designation of vulnerable zones

Responsibilities: MMGA/ ICPA

Deadline: 04.2003 – completed

Elaboration of methodologies for designating vulnerable areas

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Responsibilities: MMGA/ ICIM – Bucharest

Deadline: 06/2003 – completed

Evaluation of data for designation

Responsibilities: MMGA/ICPA

Deadline: 08.2003 – completed

Establishment of database and simulation model of nitrate flow to nitrate bodies

groundwater

Responsibilities: MMGA/ICPA/USAID Project

Deadline: 03.2004 – completed

Designation of vulnerable areas and preparation of cadastre and maps with these areas

Responsibilities: MMGA/ ICPA

Deadline: 12.2004

Implementation phase

Detailed designation and declaration of vulnerable zones

Responsibilities: MMGA/MAPDR/ Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from agricultural sources

Deadline: 08.2004

Review phase

Preparation/adjustment of methodologies for reviewing vulnerable areas

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 12.2004

Establish the periodic monitoring network and the factors that will collect, store, evaluate and evaluate

report the data obtained to the Commission for the implementation of the Water Protection Action Plan

against pollution caused by nitrates from agricultural sources in order to review the cadastre and

maps of vulnerable areas

Responsibilities: MMGA/MAPDR/ Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from sources

agricultural/ICPA

Deadline: 12.2004

Periodic review of vulnerable areas

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Responsibilities: MMGA/MAPDR/ Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from agricultural sources

Term: every four years

Application

Public information (especially farmers) on the designation of vulnerable zones and

their revision

Responsibilities: MMGA/ MAPDR/ Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from agricultural sources

Deadline: 08.2004

Reporting

Preparation of the information report in accordance with the provisions of Annex no.5

Responsibilities: Commission for the implementation of the Water Protection Action Plan

against pollution caused by nitrates from agricultural sources

Deadline: 08.2007 and every four years

Evaluation of the implementation of the Action Plan, including appropriate proposals for revision of the

to the Romanian Government and to the specialized commissions of

Parliament of Romania

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 10.2011 and every four years

Reporting the above analysis to the European Union

Responsibilities: Coordinating Ministry – MMGA

Deadline: 12.2011 and periodically, coordinated by the European Commission

4. Development of a code of good agricultural practice

a) Summary of objectives

The action plan contains provisions for the elaboration of a code of good agricultural practice which shall be

constitute a sum of requirements for agricultural management methods that can prevent

excessive loading of polluting substances from agriculture, surface water, and

underground and agricultural land, especially fertilizers. The main purpose of the code is

ensuring a general level of protection of surface water and groundwater against pollution.

The provisions of the code will be adopted and applied by farmers on a voluntary basis and without

financial compensation, except for certain areas in vulnerable areas, where they will be applied with

the support of local authorities and other bodies involved.

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Annex no.3 of the Action Plan constitutes the mandatory framework content of the good code

agricultural practices. The Code will be subject to updating as new technologies emerge, and

agricultural practices with low environmental impact.

The Code addresses problems arising from improper manure management and

organic and chemical fertilizers, agricultural land, integrated with erosion problems,

compaction and destruction of soil texture and which have adverse consequences on the quality of water masses.

To solve these problems, through the recommendations and procedures included for each

Among the abovementioned aspects, account should be taken, when drawing up the Code, of the conditions

specific to the country. It is therefore necessary that these recommendations and procedures be drawn up on

the basis of experience and be effective and possible to apply to all areas.

Where necessary, the code of good agricultural practice will be promoted through

information and training programmes for farmers.

The financing of the development and printing of the code was provided by the GEF project « Control

Agricultural Pollution », project coordinated by MMGA. 7000 copies were printed, which

have been disseminated to local authorities involved in the implementation of this Directive.

b) Identification of implementation phases

Implementation preparation phase

Evaluation of essential operations in agriculture and harmonization of objectives with

Acceptability of measures by farmers

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 04.2002; Completed

Elaboration of a preliminary draft of the code with reference to nitrates

Responsibilities: MMGA / Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 05.2002; Completed

Sending the project to institutions and organizations for analysis and completion

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 08.2002; Completed

Experimental approval of the Code of Good Agricultural Practice with reference to nitrates

by order of the Minister of Waters and Environmental Protection

Deadline: 10.2002; Completed

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Designation of the team of specialists who will finalize the Code of Good Agricultural Practice with

reference to the whole field of fertilisers, pesticides and other polluting substances

from agriculture

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/Project

Agricultural pollution control

Deadline: 09.2002; Completed

Finalize the Code of Good Agricultural Practice with reference to the entire field of fertilizers,

pesticides and other polluting substances from agriculture

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/Project

Agricultural pollution control

Deadline: 12.2002; Completed

Editing and publishing the extended code of good agricultural practice

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/ Project

Agricultural pollution control

Deadline: 04.2003; Completed

Editing and publishing the Guide for small farmers in vulnerable areas

Responsibilities: MMGA/ USAID Project

Deadline: 03.2004 – completed

Review phase

Preliminary revision of the Code of Good PracticeAsgricole

Responsibilities: MMGA/ USAID Project

Deadline : 03. 2004 – completed

Revision of the code of good agricultural practice

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 12.2005

Application

Elaboration of awareness, information and professional training program for women.

Responsibilities: MMGA/ National Agency for Agricultural Consultancy/ team of experts

who developed the code

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Deadline: 12.2002; Completed

Elaboration of the Training Manual for Farmers in Vulnerable Areas

Responsibilities: MMGA/USAID Project

Deadline: 03.2004 – completed

Establishing measures and tools for implementing the code of good agricultural practice

Responsibilities: MMGA/ National Agency for Agricultural Consultancy/ Commission for

implementation of the Action Plan for the Protection of Waters against Pollution with

nitrates from agricultural sources

Deadline: 12/2004

Applying the program of awareness, information and professional training of farmers

Responsibilities: MMGA/ MAPDR/ National Agency for Agricultural Consultancy/

Commission for the implementation of the Water Protection Action Plan

against nitrate pollution from agricultural sources/Collective experts

Deadline: 12/2004

Regular monitoring of code implementation

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Term: permanent since 2004

Reporting

Preparation of the information report in accordance with the provisions of Annex no.5, which

It also contains information on the content of the Code of Good Agricultural Practice, the level of

implementation by farmers and proposals for revision of the Code

Responsibilities: Commission for the implementation of the Water Protection Action Plan

against pollution caused by nitrates from agricultural sources

Deadline: 08.2007 and every four years

Analyzing the implementation of the Action Plan, including appropriate proposals for implementation, and

revision of the code of good agricultural practices, which will be submitted for information to the Government

Romania and the specialized committees of the Romanian Parliament

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 10.2011 and every four years

Reporting the above analysis to the European Union

Responsibilities: Coordinating Ministry – MMGA

Deadline: 12.2011 and periodically, coordinated by the European Commission

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5. Establishment, implementation and entry into force of action programmes

a) Summary of objectives

The action plan contains provisions for establishing and implementing action programs

on vulnerable areas. Thus, within two years of the designation of the zones

vulnerable, and respectively no later than one year after amending or supplementing the list

of vulnerable zones, the Commission for the implementation of the Action Plan for the Protection of Waters against

Pollution with Nitrates from Agricultural Sources will establish action programmes

on vulnerable areas. Action programmes shall be drawn up for all areas

vulnerable within the country, as well as different programmes for certain vulnerable areas, or

portions of vulnerable zones, where appropriate.

Action programmes will be established for a period of up to 4 years and include measures

provided in the code of good agricultural practice, as well as those provided in Annex no.4 of the Plan

action. They will also take account of available scientific and technical data, in the first

line those relating to the intake of nitrates from agricultural and other sources, as well as

environmental conditions in the regions concerned.

For the purpose of implementing the action programmes, the Commission for the implementation of the Action Plan

For the protection of waters against pollution with nitrates from agricultural sources, take measures

additional at least every four years, depending on changes made in the water cadastre

affected by nitrate pollution and in the list of vulnerable zones.

Commission for the implementation of the Action Plan for the Protection of Waters against Pollution by Nitrates

Coming from agricultural sources proposes the implementation and implementation of programs

appropriate monitoring and control to assess the effectiveness of action programmes, and

It will also elaborate the project containing sets of measures for the implementation of the

action, which shall also include procedures and instructions for the surveillance system, and

water quality control. This project will be subject to the analysis of the Support Group which will

pronounces within 6 months by a binding opinion, adopted by majority vote

Members. Based on the views of the Support Group, the Commission for the implementation of the Plan

action to protect waters against pollution caused by nitrates from agricultural sources will

adopt the final measures, which it will transmit, within two months at the latest, to the ministries

and support group.

b) Identification of implementation phases

Analyzing the current situation of legislative measures on agricultural management

Responsibilities: MMGA

Deadline: 12/2002 – completed

Edit Farm Waste Management Plan

Responsibilities: MMGA/USAID Project

Deadline: 03.2004 – completed

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Preparation of preliminary drafts of action plans

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Deadline: 08/2004

Pilot project, promoted through USAID’s initiative and coordinated by MMGA, in a potential area

vulnerable (mainly agricultural and livestock sector)

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/ Project

USAID

Deadline: 03/2004 – completed

Identification of soil and agrochemical data of the area (agrochemical mapping) and quality

Water

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/

USAID Project Management

Deadline: 03/2004 – completed

Collecting the necessary data on agricultural management and natural conditions of the area

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources

Date: 03/2004 – achieved

Develop a list of measures to reduce nitrate water contamination in the area

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/ Project

USAID

Deadline: 03/2004 – completed

Elaboration of methods for evaluating data on agricultural management and conditions

natural nature of the area

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/ Project

USAID

Deadline: 03/2004 – completed

Drafting and adopting the farmers’ awareness and training program on

implementation of action programmes

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Responsibilities: MMGA/ MAPDR/ National Agency for Agricultural Consultancy/

Commission for the implementation of the Water Protection Action Plan

against pollution with nitrates from agricultural sources/ Collective experts

Deadline: 12/2004

Implementation phase

Harmonization of objectives with acceptability of measures by farmers

Responsibilities: MMGA/ MAPDR/ Commission and Support Group for the implementation of the Plan

action for the protection of waters against pollution caused by nitrates arising from

agricultural sources.

Deadline: 12/2004

Elaboration of action programmes (identification of specific measures for areas

vulnerable)

Responsibilities: MMGA/ Commission and Support Group for the implementation of the Action Plan

for the protection of waters against pollution caused by nitrates from sources

Agricultural/ USAID Project

Deadline: 12/2004

Adoption of action programmes

Responsibilities: MMGA/ MAPDR/ Commission and Support Group for the implementation of the Plan

action for the protection of waters against pollution caused by nitrates arising from

agricultural sources/ Local public authorities

Deadline: 12/2004

Informing and adopting action programmes by farmers

Responsibilities: MMGA/ Commission and Support Group for the implementation of the Action Plan

for the protection of waters against pollution caused by nitrates from sources

agriculture/ Local public authorities

Deadline: 12/2006

Start implementing the first action programmes

Responsibilities: Basin Committees/ Local authorities/ MMGA/ MS/ MAPDR/ Commission

and the Support Group for the implementation of the Action Plan for the Protection of

waters against nitrate pollution from agricultural sources

Deadline: 01/2007

Implementation of action programmes

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Responsibilities: Basin Committees/ Local authorities/ MMGA/ MS/MAPDR/ Commission

and the Support Group for the implementation of the Action Plan for the Protection of

waters against nitrate pollution from agricultural sources

Deadline: 10/2011

Revision phase

Collecting, storing and periodically evaluating agricultural management data and

Environmental conditions in areas declared vulnerable

Responsibilities: MMGA/ MAPDR/ Commission for the implementation of the Action Plan for

protection of waters against pollution caused by nitrates from agricultural sources/

ICPA/ OSPA

Term: permanent since 2005

Regular collection, storage and evaluation of soil and agrochemical data of land

agricultural (agrochemical maps) and water quality in areas declared vulnerable

Responsibilities: MMGA/ Commission for the implementation of the Action Plan for Protection

waters against nitrate pollution from agricultural sources/ ICPA/

OSPA

Term: permanent since 2005

Periodic review of action programmes

Responsibilities: MMGA/ MAPDR/ Commission and Support Group for the implementation of the Plan

action for the protection of waters against pollution caused by nitrates arising from

agricultural sources/ Local public authorities

Deadline: first revision 12/2011 and periodically every four years

Implementation of revised action programmes

Responsibilities: Basin Committees/Local Authorities/ MMGA/ M.S./MAPDR/ Commission

and the Support Group for the implementation of the Action Plan for the Protection of

waters against nitrate pollution from agricultural sources

Deadline: for four years from the date of their adoption

Application

Using established tools to implement goals.

Responsibilities: Basin Committees/Local Authorities/ MMGA/ M.S./MAPDR/ Commission

and the Support Group for the implementation of the Action Plan for the Protection of

waters against nitrate pollution from agricultural sources

Deadline: 01/2007

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Establishing and implementing enforcement measures to ensure compliance with

action programmes.

Responsibilities: Basin Committees/Local Authorities/ MMGA/ M.S./ MAPDR/ Commission

and the Support Group for the implementation of the Action Plan for the Protection of

waters against nitrate pollution from agricultural sources

Deadline: 01/2007 with the assumption that technical measures for:

construction of manure storage platforms and basins and

liquid manure within communes, as well as for modernisation and rehabilitation

platforms and tanks for the storage of manure and slurry, and

manure disposal and treatment systems within existing complexes;

Documentation: development of the technical basis for mechanization at the level of joint operations;

manure handling and administration;

Conducting training courses for a large number of farmers and small farmers

agricultural producers for the purpose of implementing the Code of Good Agricultural Practice, and

In order to achieve the results which the Directive aims at will be achieved in

in accordance with the action programmes adopted for vulnerable zones, up to

end of 2011.

Implementation of the public information, awareness and training program for farmers on

implementation of action programmes

Responsibilities: MMGA/ MAPDR/ DADR/ National Agency for Agricultural Consultancy/

Commission for the implementation of the Water Protection Action Plan

against pollution with nitrates from agricultural sources/ Collective experts

Deadline: permanent since 08/2004

Reporting

Preparation of the information report in accordance with the provisions of ANNEX no.5, which

It also contains information on the level of implementation by farmers of the

Action and proposals for revision of porograms

Responsibilities: Commission for the implementation of the Water Protection Action Plan

against pollution caused by nitrates from agricultural sources

Deadline: 08/2007 and periodically every four years

Analyzing the implementation of the Action Plan, including appropriate proposals for implementation, and

revision of the action programmes, which will be submitted for information to the Romanian Government

and the specialized committees of the Romanian Parliament

Responsibilities: MMGA

Deadline: 10./2011 and periodically every four years

Reporting the above analysis to the European Union

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Responsibilities: Coordinating Ministry – MMGA

Deadline: 12/2011 and periodically, coordinated by the European Commission

4. COST ASSESSMENT

The main investment costs related to the implementation of the Nitrates Directive are those for:

arranging manure storage platforms and purchasing equipment for

its distribution and modernization of existing complexes (storage spaces and utilities).

treatment and/or treatment). Zones vulnerable to nitrate pollution are established according to

local conditions (sources, transmission of pollutant flow to groundwater aquifers and surface water

).

4.1. Distribution in the country of potentially vulnerable and at-risk areas

vulnerability

The implementation of the Nitrates Directive in Romania is done by defining vulnerable zones in

Depending on the sources of nitrate pollution and the characteristics of the soil/zone unsaturated by

transmission of nitrates to groundwater, groundwater and/or surface water,

using the methodology developed by INHGA in collaboration with ICPA on water pollution

surface and groundwater to nutrient pollution.

Figure 1 shows the country distribution of potentially vulnerable areas:

Potentially vulnerable areas as a result of nitrate entrainment to surface water bodies

by drainage on the slopes: 5650 km2, ie 2.37% of the country’s surface and 3.82% of the surface

Agricultural;

Potentially vulnerable areas (medium risk of vulnerability) by leaching nitrates under the layer

soil to free aquifers: 13759 km2, ie 5.77% of the country’s surface, respectively 9.30%

of agricultural area;

Areas at high risk of vulnerability to nitrate leaching under the soil layer to aquifers

free: 1200 km2, ie 0.50% of the country’s surface, respectively 0.81% of the agricultural area.

In conclusion, vulnerabia areas represent 8.64% of the country’s surface, respectively 13.93% of

total agricultural area of the country.

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Figure 1. Areas of vulnerability to nitrate pollution from agricultural sources

Figure 2 shows compared to areas potentially vulnerable

to nitrate pollution the location of

communes where the nitrate balance (inputs from manure – export to vegetable crops)

is higher than the threshold value of –20 kg/ha.

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Figure 2. Positioning of communes with nitrate balance (import – export) above value

threshold – 20 kg/ha compared to areas potentially vulnerable to nitrate pollution

The option of designating vulnerable zones that best corresponds to the current situation, and

medium-term forecasts for Romania is the option in which they stand out as areas

vulnerable to nitrate pollution about 9% of the country’s surface.

4.2 Cost assessment

To achieve the objectives of the Nitrates Directive, in particular with regard to pollution prevention

with nitrates from agricultural sources, it is necessary that some costs be estimated for the whole country, with

However, only about 9% of the country’s total area has been identified as vulnerable. In this

purpose it is considered necessary that in the case of the arrangement of garbage storage platforms

stable and procurement of equipment for its distribution as well as for

modernization of existing complexes (storage facilities, garbage disposal installations

stable and treatment and/or treatment facilities) to take into account the entire surface of the country.

The costs are estimated as follows:

Investment costs for setting up manure storage platforms and

procurement of equipment for its handling according to the study conducted in

Prior payment: 1.116.130.570 Euro

Costs for upgrading and building existing treatment and/or treatment utilities: 354

Million

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Costs for modernization of storage platforms and evacuation facilities

manure of existing livestock complexes: 300 million Euro

Costs for equipping rural communities in vulnerable areas with machinery for

spreading manure in the field. It is considered that at the level of each locality is

at least one manure spreading machine required. The result, therefore, is a need for

13,000 localities x 3000 Euro/machine = 39,000,000 Euro.

Operating costs for monitoring groundwater aquifers and surface waters:

the

groundwater quality tracking network includes 2172 boreholes, of which in areas

vulnerable established – 500 boreholes. Compared to the existing distribution of boreholes for

Sampling from aquifers shall be considered on the basis of established potentially vulnerable zones

in Figure 1, that it will be necessary to add to the existing monitoring network a number of

about 500 new boreholes. Costs associated with the twice-yearly determination of nitrates in

The groundwater is therefore : (2172 + 500 boreholes) * 300 Euro / drilling x 3 determinations / year = 2,404,800

Euro

Costs for executing 500 new drillings in vulnerable areas: 500 drillings x 3000 Euro / drilling

= 1.500.000 Euro

The costs of monitoring surface water for nitrate content are estimated at 1,000,000

Euro/year

Operating costs related to monitoring soil, vegetation and organic waste in

Areas vulnerable to nitrate pollution from agricultural sources have been assessed as follows:

An intensive monitoring program (4 profiles/locality) in vulnerable areas is required (750

localities from 250 communes) and background monitoring (1 profile/locality) in the rest of the localities

(12250 localities). The costs associated with this monitoring are [(750 localities x 4

profiles/city)+12250 localities x 1 profile/locality] x 400 Euro/profile = 6.100.000

Euro/year

Equipment with mobile laboratories for water sampling and measurement (1 laboratory /

Water direction) : 11 Directions * 100.000 Euro / mobile laboratory = 1.100.000 Euro

Providing mobile laboratories for taking and measuring soil, plant and plant samples and

livestock residues (2 laboratories): 300,000 Euro

Equipment (measuring equipment, logistics, office supplies, furniture) for the Focal Center

monitoring of nitrate-polluted waters: €1 million

Operating costs for the activities of the Focal Centre for monitoring polluted waters with

nitrates: 150,000 Euro

Equipment (measuring equipment, logistics, office supplies, furniture) for the Focal Center

monitoring of soils polluted with nitrates: 1 million Euro

Operational costs for the activities of the Focal Centre for Polluted Soil Monitoring

with nitrates: 120,000 Euro/year

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