1. The Measures required for full implementation of the Directive 9116761EEC

1.1. The Current Status of Practical Compliance, Legislation, Institutional Basis, and the Gaps in the Implementation

The first steps regarding the implementation of the Nitrate Directive were carried out in 1994, as the development of an agricultural monitoring network with the assistance of the Nordic countries (Sweden, Norway) was started. The agricultural run-off monitoring stations were created in 3 sites (Dobeles, Saldus, cesu districts). General water hydro chemical quality measurements are established by the LHMP for inland water, by LU HEI for coastal waters, and by the State Geological Survey for groundwater. The compliance of the Latvian Water Monitoring Programme with the EU directives, e.g. Water Framework Directive has been evaluated by Latvia Environmental Agency during the preparation of the new State Monitoring Programme.

The Code of Good Agricultural Practice for Latvia was prepared in cooperation with the Danish Agricultural Advisory Center during 1998 1999. The Ministry of Agriculture and the Ministry of Environment Protection and Regional Development (VARAM) adopted GAP Code for Latvia in June Ist, 1999 and in June 8th, 1999, respectively.

The Parliament (Saima) of Latvia adopted the Law on Pollution (transposition of the IPPC Directive) in March 1 st, 2001. The Law on Pollution establishes the rights of the Cabinet of
Ministers (CofM) to issue regulations on nitrate pollution from agricultural sources. The law also establishes the rights of CofM to designate vulnerable zones and to approve the Action programme to be implemented in the vulnerable zones. According the Law, CofM has the right to nominate the Nitrate Board for coordination of management and control in vulnerable zones.

1.2. Complete Adoption of the Directive in the Latvian Legal System

According to the Law on Pollution VARAM is responsible for the preparation of Regulations of the Cabinet of Ministers on the Protection of Water and Soil from Pollution Caused by Nitrates from Agricultural Sources. The proposed Regulations that have been prepared and already evaluated also by other governmental institutions include several following provisions:

The Regulations contain also the relevant articles and annexes of the Nitrate Directive. Unfortunately, the Regulations do not cover all provisions of the HELCOM Convention on the Protection of the Baltic Sea Environment (Annex III on agriculture) and the latest scientific knowledge regarding the causes of eutrofication and possibilities to control it.

1.3. The Institutional Arrangements for the Compliance with the Directive's requirements

The state institutions involved in the adoption, implementation, and control of the Nitrate Directive are depicted in Figure 1.

Figure 1. State institutions involved in the implementation of the Nitrate Directive

The Nitrate Board should be established for coordination and control of the implementation of the Directive and Action Programme in vulnerable zones according to the Law on Pollution. Its task will be to provide assistance to state institutions and promote implementation of state environmental policy in the issues of nitrate pollution. The Board shall include representatives of the relevant institutions and organizations of the environmental and agricultural sectors.

Considering the allocation of Riga's' Jelgava's, Dobele's and Bauska's districts as the vulnerable zones, one representative of the following institutions should be included in the Board:

The main tasks of the Nitrate Board are as follows:

The Nitrate Board shall have at least four meetings a year. The Ministry of Environment Protection and Regional Development shall be responsible for organization and work schedule of the Nitrate Board. Chairman of the Board shall be a representative from the VARAM. The Vice chairman of the Board shall be a representative from the Ministry of Agriculture.

1.4. The List of Projects for full Implementation of the Directive

For the adoption of the Nitrate Directive in Latvia it is necessary to implement the following measures:

1.5. The Appropriate Balance between the Public, Municipal, and Private Sector Investment

During the implementation of the Nitrate Directive financial investments will be necessary for the following measures:

Investments for the implementation of the Action Programme to construct and equip manure storages in farms shall be supported by state grants in an appropriately high level. According the questioner, about 25% of cattle and pig farms and more than 40% of poultry farms of all of the largest animal farms (>250 LU) in Latvia (Figure 2) have expressed willingness to invest in the construction of manure storages if the state subsidies would cover 50% of the costs. A large number (33-42%) of all farms have no money or intention to invest in storages. However, the rest of farms have willingness to invest in the construction if state subsidies would cover 75% of the costs. Therefore, we can assume that state should cover at least 50% of the costs. The municipalities in Latvia have no funds to support agricultural activities and the rest of the costs farms would have to cover themselves.

The investments in water protection measures are associated with the restoration or construction of wetlands. The loss of agricultural land area and 50% of the construction costs should be covered by farmers. It is possible that part of the farmers input in the construction of wetlands could be covered by their labour .Construction of wetlands, e.g. small water reservoirs useful also for recreation, could be supported from municipal funds.

Figure 2. Response of livestock farmers to the environmental problems and willingness to invest in manure storages

Implementation of the Water Monitoring Programme requires investments for the construction of one new agricultural run-off monitoring station and renovation of one existing station. The proposed measures are included in the WB and GEF ( Global Environmental Facility) financed Baltic Sea Regional Project (2001-2006) and EU PHARE project. It is possible that projects could start in 2002. Both projects include national co-financing.

For the improvement of ground water monitoring (shallow ground water), an installation of permanent ground water wells in agricultural run-off monitoring sites and a wider ground water monitoring programme for all of the territory of the country that would include temporal wells is necessary .