2           FRAMEWORK FOR IMPLEMENTATION OF NITRATES DIRECTIVE

2.1     Status of the aquatic Environment

 Article 3 of the Nitrates Directive requires Member States to identify waters affected by pollution, and waters which could be affected by pollution by nitrates from agricultural sources. In accordance with the Directive, extensive research and preliminary reports have been prepared which assess the level of pollution of Lithuanian waters by nitrates and presents eutrophication of surface waters, the major results of which are presented within this Chapter.

In the Nitrates Directive waters affected by pollution by nitrates are defined as: 

·        Groundwaters which contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if no action is taken;

·        Surface waters, in particular those used or intended for abstraction of drinking water, which contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if no action is taken;

·        Natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters that are eutrophic or in the near future may become eutrophic if no action is taken.

2.1.1        Quality of groundwaters

Nitrate concentration in deep groundwater aquifers is much below the Directive limit of 50 mg/l. The highest concentration in deep groundwater is found in the Devonian aquifer (Karajimiskis drilled well) where nitrate concentration is between 7 and 20 mg/l.

Nitrate concentration in shallow groundwater aquifers is higher in comparison to deep groundwater aquifers. The results of the State Environmental Monitoring Programme show that in 1997 nitrate concentration exceeded 50 mg/l limit in only three out of 86 drilled wells. All three wells are situated in the shallow groundwater aquifers. In 13 samples (15 % of the samples) nitrate concentration exceeded 5 mg/l. However in order to obtain more detailed information on pollution of shallow aquifers by nitrates the monitoring programme of the should be extended.

Studies carried out by the Geological Survey revealed that shallow groundwaters in agricultural fields contain a concentration of nitrates several times higher than in afforested areas.

Water quality in shallow dug wells may be influenced by other activities in additional to agricultural ones, carried out in close proximity to the wells, such as gardening practices, infiltration form outdoor toilets, septic tanks, and so on. The analysis of water quality in shallow dug wells found that nitrate concentration was high or even very high (nitrate concentration exceeded 50 mg/l in almost 37% of the wells examined). The existing data is not sufficient to make a conclusion regarding the exact source of pollution of the shallow wells, i.e. to what extent it is a local problem caused by poor gardening practices close to the wells and to what extent the quality of water in shallow dug wells is affected by agricultural activities.

Summary. Deep groundwaters in Lithuanian are not polluted by nitrates. In shallow groundwater aquifers nitrate concentration reaches 50 mg/l limit in few locations, however in order to obtain more detailed information on pollution of shallow aquifers by nitrates the monitoring programme should be extended. Water is polluted by nitrates in a number of shallow dug wells but the existing data is not sufficient to assess to which extent the quality of water in shallow dug wells is affected by the activities in agricultural fields.

2.1.2        Quality of surface waters

At present nitrate concentration is monitored on a monthly basis in 100 surface water monitoring stations located in major Lithuanian rivers. Monitoring data shows that nitrogen is not an important factor in the eutrophication of rivers. Lake monitoring in Lithuania is rather limited and existing data is yet not sufficient to assess the exact status of lake eutrophication and role of the nitrogen in it Lakes and other stagnant water bodies remove some nitrogen via to denitrification. According to theoretical calculations, part of the nitrogen transported via the Nemunas river should be removed in the Kaunas water reservoir, however monitoring data shows that the nitrogen load per hectare of arable land upstream and downstream from the reservoir remains very similar.

During the last decades the role of species of algae typical of eutrophic lakes has increased dramatically in the Curronian lagoon Figure 2.1.2). Along with a shift in the dominant species, an increase in the level of summer water blooms by blue-green algae by more than one order of magnitude has occurred. Based on this data it is concluded that the Curronian lagoon is a highly eutrophied water body. Thus the eutrophication status of the lagoon and the role of nitrates in the eutrophication are central issues in the implementation of the Nitrate Directive in Lithuania.

Figure 2.1.2                Percentage distribution of the phytoplankton on main groups in the Curronian Lagoon, 1984 - 1998.

HELCOM considers the Curronian Lagoon as a heavily eutrophied body with decreased fish stocks[1]. HELCOM states that in the Lagoon, the abundance of fish belonging to the group of cyprinids, such as roach, silver bream and bream, is extremely high compared to other coastal areas, as a result of eutrophication. The long-term trends indicate that a progressive eutrophication has been reducing the stocks of many commercial species[2]. The Curronian lagoon is appointed as one of the 132 environmental hot spots together with mainly major industries and wastewater treatment plants.

HELCOM consider phosphates and nitrates to be the most important limiting factors for phytoplankton growth, and the driving force in eutrophication in the Baltic Sea². Increasing concentrations of nutrients, particularly nitrogen, in the marine environment were recognised by HELCOM as factors which were deteriorating environmental quality and causing negative effects on ecosystems including eutrophication and oxygen depletion. The importance of pollution from agricultural sources was also recognised by the Helsinki Commission and was addressed in a number of Recommendations.

There are also some local effects of the nitrate load from Klaipeda Strait to the Baltic Sea. The nutrient-rich water of Curronian lagoon spreads by the coastline 20-30 km northwards and creates favourable conditions for intensive growth of phytoplankton. In summer intensive “blossoming” of water (due to a high concentration of blue-green algae) is often observed in the coastal zone between Klaipeda straight and Palanga. This decreases the quality of water (bad smell, decreased transparency, increased pH), that creates favourable conditions for the development of pathogenic bacteria and decreases recreational value of Klaipeda-Palanga beaches.

Summary The eutrophication of Curronian lagoon and the Baltic Sea are the main problems caused by pollution of surface waters by nitrates. These problems are recognised internationally (HELCOM). Nitrates are one of the key factors influencing eutrophication of Curronian lagoon and the Baltic Sea.

A detailed nitrate monitoring programme has now been proposed, which aims to address the limitations indicated above in more exactly identifying, monitoring and reporting  pollution sources according to Article 3 of the Directive, and ongoing monitoring and reporting in accordance with Article 5.6, 6 and 10 of the Directive. The timetable for this is indicated in Chapter 6.

2.2         The present agricultural situation and farm structural trends

Implementation of the Nitrates Directive should take into account the specific Lithuanian conditions in the agricultural sector. At present agriculture is the fourth most important economic sector in terms of size (after manufacturing industry, retail and wholesale trade, transport and communications) in Lithuania. In 1998, agriculture and related activities contributed to 9.4 per cent of the Gross Domestic Product, and agriculture employed 339.7 thousand people, corresponding to 20.5 per cent of the total number of people employed.

As of 1 January 1999, agricultural land area consisted of 3,940.7 thousand ha and accounted for 60 per cent of the total territory of Lithuania. In the beginning of 1999, from the total amount of land claimed for re-privatisation in rural areas (3,978 million ha) 58 per cent was already returned to former owners in kind (74 per cent) or in monetary terms (26 per cent)[3].

At farm level the management of manure, cropping patterns and plant nutrient management are the important issues in relation to both point source and diffuse pollution. These factors will not be considered here but have been investigated in The Agricultural Development Report (working document W3).

The input of nitrogen to agriculture from chemical fertilisers, animal feed and cultivation of legumes has decreased during the last decade (compared to 1991). Figure 2.1 shows the decline in the consumption of Nitrogen in chemical fertiliser since 1990. The present level is 32,600 MT (15% of 1991). When divided on all arable land the consumption is10-12 kg N/ha .

Figure 2.1 Consumption of chemical nitrogen fertilisers in Lithuania (source: Statistical Department)

The animal feed import is around 100,000 MT  (FAO statistics), estimated to be the equivalent of 2000-3000 T N, an area load of  2-3 kg N/ha. Legumes account for around 1.5% of the cultivated land.

Livestock numbers have declined to 47% of the 1991 level. The decline has been in the farm group called agricultural partnerships and enterprises, while livestock numbers in the group farmers and household farms has remained constant. Figure 2.2 presents the changes in livestock numbers, expressed in Livestock Units (LU), from 1991-1997. The numbers of livestock units were estimated from actual livestock numbers provided by the Statistical Department, and by applying the Danish definition of a livestock unit (that is livestock that produces 100 kg N/year measured in storage).

Figure 2.2 Changes in number of livestock (in livestock units) in Lithuania during the period between 1991 and 1997. (Calculated on the basis of information from the Statistical Department)

Animal breeding is more or less evenly distributed throughout the country. All the regions of Lithuania have the potential for an increase in livestock production. Figure 2.3 shows density of livestock in regions of Lithuania (livestock units per hectare of agricultural land).

Figure 2.3 Density of livestock (in livestock units per hectare arable land) in Lithuania in 1998. (Calculated on basis of information from Statistical Department)

These facts clearly illustrate that the basic agricultural situation in Lithuania when implementing the Nitrate Directive is opposite to the situation in most EU Member States. At the national level Lithuania does not face problems of excessive consumption of nitrogen and high livestock density (although there is a possibility that some point pollution exists on local level “hot spots”). Therefore to control the diffuse nitrate pollution, the focus during the implementation of the Nitrate Directive and in the Action Programmes which are part of it, should be to emphasise the prevention of future pollution through improvements in farm management.

The Lithuanian Strategy for the Development of Agricultural and Rural Areas adopted by the Parliament in 2000 states that family households should be considered as the priority farm type. It also states that support will be provided for transformation of small farms into commodity farms and merging of small farms into co-operatives.

Summary The amount of nitrogen used in agriculture in Lithuania per hectare of agricultural land is several times lower than the limits set out in the Nitrates Directive. Implementation of the Nitrates Directive in Lithuania should therefore focus on prevention measures, which should clearly define environmental requirements for newly established or expanding farms. These measures will enable the control of the extent of nitrate pollution from agricultural sources when Lithuanian agriculture recovers.

2.3         Legal framework for implementation of Nitrates Directive

In 1995 Lithuania signed an Association Agreement with the European Union. Under the Association Agreement, Lithuania has made a commitment to approximate its legal framework with the laws of the European Union. This chapter presents a short overview of Lithuanian legislation related to protection of aquatic environment and of the amendments to the existing legislation needed for full transposition of the requirements of the Nitrates Directive.

General legal provisions related to the protection of waters against such pollution are found within the following acts:

1.      Environmental Protection Law , No. I-2223, of 1992, as amended in 1996;

2.      Law on Water, No.VII-474 of 1997;

3.      Law on Land, No. I-446 of 1994;

4.      The Underground Law, No.I-1034 of 1995;

5.      Law on Protected Areas, No. I-301 of 1993;

6.      Law on Monitoring, No.VIII-529, of 1997.

More detailed provisions related to nitrates pollution prevention and control are laid down in the Government and the Ministries regulations. The following regulations, based on the acts referred to above, are related to water protection from pollution by nitrates:

1.      Special Conditions for the use of Land and Forests, approved by the Government Regulation No.343 of 1992 05 12;

2.      Rules on the Issuance of Permits and the Limits for the Use of Natural Resources and the Establishment of Norms for Discharges of Pollutants, approved the above acts by MoE Order 387 of 1999 11 30;

3.      Waste Water Pollution Standards (LAND 10-96), approved by MoE Order 127 of 1997 07 24;

4.      Rules on establishment of norms for  discharges of rain waters to sewer  (LAND3-95), adopted by the MoE 28 February 1995;

5.      Directions for the Construction and Closure of Individual Wells (LAND4-95), approved by MoE Order no.89 of 1995 05 23 and by Geology Service Order 30 of 1995 05 23;

6.      Hazard Substances. Maximum permitted and Temporarily Permitted Concentration in waters for human consumption (Hygiene Norm HN 48-1994), approved by MHC;

7.      Hazard Substances. Maximum permitted and Temporarily Permitted Concentration in Soil (Hygiene Norm HN 60-1996), approved by MHC 1996 03 29;

8.      Drinking Water. Quality Requirements and Monitoring (Hygiene Norm HN 24-1998),  approved by MHC Order 684 of 1998 11 25;

9.      Regulation on monitoring of groundwater by companies, adopted by the Geology Surveillance Service 8 June 1999;

10.  The Design and Supervision of Sanitary Zones for Groundwater Reservoir and Water Pipelines (Hygiene Norm HN 44-2000, approved by MHC in 2000;

11.  Articles on State Laboratory Control (LAND 6-95), approved by MoE Order 96 of 1995 06 02;

12.   Uniform Procedure for the Reporting and Laboratory Control of Waste Waters, approved by Joint Research Centre of the MoE in 1998.

13.  Regulation on requirements for the treatment of manure and waste water at farms (LAND 33-99) approved by MoE and MA Order 426 of 1999 12 27

The Gap Analysis of the existing legislation revealed that some provisions of the Nitrates Directive were not transposed to the national legislation. To address this situation, draft Regulations have been developed, which will allow full transposition of the requirements of the Nitrates Directive into Lithuanian Legislation.

Two sets of legislation were developed:

1. The following regulation covers the scenario of an Action Programme being developed for the whole national territory of Lithuania:

·   Resolution of the Government of the Republic of Lithuania Concerning the Reduction of the Pollution of Waters caused by Nitrates from Agricultural Sources

2. The following regulation covers the scenarios of designating separate nitrate vulnerable zones:

·   Resolution of the Government of the Republic of Lithuania Concerning the reduction of the pollution of waters caused by nitrates from agricultural sources

·   Amendment to the Water Law (Article 33¹).

Summary. Existing Lithuanian legislation does not completely transpose provisions of the Nitrates Directive, and Draft Regulations have been developed to address these gaps and allow full transposition of the requirements of the Nitrate Directive into national legislation. Transposition of the Nitrates Directive was estimated to be simpler if the decision was made to develop action programmes for the whole national territory (Amendment to the Water Law will not be needed).

2.4         Lithuanian Environmental Strategy^[4]

Implementation of the Nitrates Directive in Lithuania should be based on existing strategic documents, should apply environmental policy principles, instruments for implementation, and contribute to the achievement of strategic goals. The Lithuanian Environmental Strategy is the main strategic document dealing with environmental protection.

The Lithuanian Environmental Strategy was adopted in 1996 by the Parliament of Lithuania. The Strategy defines environmental protection goals, sets environmental protection priorities, and describes environmental policies, principles and strategy implementation instruments.

Environmental protection goals

Several goals defined in the Environmental Protection Strategy aim to reduce pollution from diffused sources (including agriculture). The objective of the Nitrate Directive is to reduce water pollution caused or induced by nitrates from agricultural sources and to prevent further such pollution. Implementation of the Nitrates Directive in Lithuania will contribute to the measures which aim to achieve the following goals of the Environmental Protection Strategy:

·        reduction of pollution with industrial and agro-industrial waste waters,

·        reduction of ground water pollution,

·        reduction of non-point source pollution to water bodies,

·        reduction of pollution load into the sea,

·        reduction of soil pollution with organic and mineral fertilisers and other agricultural chemicals,

·        prevention of further degradation of river valleys and lakes as well as marine biocenoeses.

Environmental protection priorities

The Environmental Protection Strategy sets the highest priority for the protection of water quality. It states that alongside with treatment of municipal waste water, measures should be implemented to reduce non-point source pollution of ground and surface waters, and to restructure the financial mechanisms for the waste water sector by the introduction of polluter/consumer pays principle. Promotion of ecologically sustainable farming is mentioned among the priorities in landscape protection.

The Environmental Protection Strategy defines the following priorities in the agriculture sector: 

·        Improvement of land use, and soil fertility preservation;

·        Promotion of a combination of intensive and extensive agriculture; 

·        Promotion of environmentally clean agricultural production;

·        Introduction of sustainable and bio-organic agriculture, primarily in the Karst region;

·        Review of the acceptability of the further use of some agricultural objects located in environmentally sensitive areas;

·        Measures to ensure safe use of plant protection measures, fertilisers and other chemicals.

Implementation of the Nitrates Directive in Lithuania should take into account the priorities defined in the Environmental Protection Strategy and contribute to measures aiming to achieve the goals.

2.5         Lithuanian Strategy for the Development of Agriculture 

The National Strategy for the Development of Agriculture and Rural Areas was developed in 1999 by the Parliament. The purpose of the Strategy is to define the agricultural and rural development policies for the period from 2000 to 2006 with regard to the strengths and weaknesses of Lithuania’s agriculture, the effect of on the sector of EU integration, and the international obligations assumed by Lithuania. 

Priorities for the development of rural areas were identified by the Strategy as follows: 

·        investments into farms, their modernisation and the diversification of activities;

·        development of production and marketing of high quality products;

·        increased rural employment through encouragement of alternative activities, and the  improvement of social conditions;

·        renovation and infrastructure development in rural areas; and

·        environmental protection and improvement in the use of natural resources.

The priority addressing environmental protection includes, among other measures:

·        financing of projects for the elimination of pollution sources, area management and liquidation of remnants of buildings; and

·        compensation for the losses incurred in connection with the restriction on the land use for economic activities.

Some of the tasks and measures of the National Strategy for the Development of Agriculture and Rural Areas are related to the successful implementation of Nitrates Directive. These include:

·        Provision of economic incentives to industries with a competitive advantage (dairy/meat cattle breeding, flax, gardening, and oil crops);

·        Priority to be given to family households (area depending on specialisation);

·        The creation of a more favourable agricultural credit system;

·        Provision of workable lgal conditions for the reorganisation of ineffective farming companies into co-operative or joint-stock companies;

·        Support to the transformation of small farms into commodity farms, and merging of small farms into co-operatives.

·        Provision of viable economic conditions for the setting up of specialised gardening and vegetable-growing farms;

·        Support for the commodity dairy farms, encouragement of co-operation between milk producers and processing enterprises;

·        Provision of support for the modernisation of structures/equipment used for cattle-breeding purposes and for the equipment of pastures;

·        Encouragement of breeding of cattle of meat breeds;

·        Support for the modernisation of cattle-breeding facilities and equipment, equipment of pastures, and acquisition of pedigreed animals;

·        The gradual amendment of the regulations of the Rural Support Fund and to the funds utilisation procedures in order to approach the EU regulations for the support of agriculture. Increases in state support through the Agricultural Loans Security Fund.

·        Provision of guarantees to farms with good prospects, irrespective of farm category, and to rural entrepreneurs, linking the guarantees to the agriculture crediting system and the state support funds;

·        Preparation and implementation of the Agrarian Environmental Protection Programme and the agrarian environmental protection schemes;

·        Establishment of boundaries around areas sensitive to agricultural activities;

·        Preparation and implementation of environmental quality improvement programmes in the areas damaged by agricultural activities.

The Strategy points out two main directions for the development of agricultural activities: formation of larger farming units and modernisation of equipment. In combination these would lead to more intensive agriculture, however support will also be given to environmentally friendly farming practices. The Strategy states the following priority areas for development of agriculture: dairy/meat cattle breeding, gardening, oil crops, flax, spice herbs, cereals and sugar beets

[1] Baltic Sea Environmental proceedings No. 71: Final Report on the Implementation of the 1988 Ministerial Declaration. HELCOM 1998.

[2] Baltic Sea Environmental proceedings No. 64 B:  Third Periodic Assessment of the State of the Marine Environment of the Baltic Sea, 1989-93; Background document. HELCOM 1996.   

[3] These figures do not include land that is not claimed by from former owners, land that will be privatised as well.

[4] Lithuanian Environmental Strategy. Action Programme, Ministry of Environmental Protection of Republic of Lithuania, Vilnius, 1996