Nitrates Directive
Rules applicable to vulnerable zones
The CJEU also found that the mere fact that vulnerable zones were not designated in a sufficient way means that action programmes cannot cover all the zones which should have been the subject-matter of protection measures (case C-356/13 Commission v Poland, para. 85 (available only in French)).
Action programmes provide measures which include rules relating to periods when the land application of certain types of fertilizer is prohibited and that the capacity of storage vessels for livestock manure must exceed that required for storage throughout the longest period during which use in the vulnerable zone is prohibited, except where it can be demonstrated that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment. These provisions aim at ensuring that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall as a general rule not exceed a specified amount per hectare corresponding in general to that containing 170 kilograms of nitrogen. Action programmes furthermore include measures limiting the land application of fertilizers, “consistent with good agricultural practice and taking into account the characteristics of the vulnerable zone concerned”, such as soil and climatic conditions, land use and agricultural practices (Article 5 and Annex III).
In addition, “additional measures or reinforced actions” that Member States “consider necessary” must be implemented if, at the outset or in the light of experience gained in implementing the action programmes, it becomes apparent that the above-mentioned measures will not be sufficient for achieving Directive’s 91/676/EEC objectives (Article 5(5)).