Presented by Ruth Pérez (FNCA Spain) at FERTINNOWA's 2nd International workshop "Meeting growers’ needs: Exchanging Technologies on Irrigation and Fertigation". Description: Future challenges relating to greater pressure on environment, natural resources, and climate change imply that a “business as usual” model in agriculture is not a viable option. The normative answer is not being effective enough. We are already in the sixth four-year-period of application of the Directive on nitrates and the progress cannot be considered successful.

1. An integral insight of the efficiency of the use of
fertilizers in the agricultural sector
Ruth Pérez, Abel La Calle,
Francesc La Roca and Joan Corominas
Fundación Nueva Cultura del Agua

2. Foundation for a New Water Culture
The FNCA is an Iberian (Spain and Portugal) non-profit organization composed by
over 200 members from academia, research institutions, public administration, private
sector, stakeholders and citizens.
Ours main purpose
is a movement towards a more sustainable water
management and a New Water Culture.
The New Water Culture promotes a new vision and understanding of the water
management. We defend the integration of:
Cultural
Social
EcologicalJuridical
Economic
We believe in public participation to improve the water governance

3. The DPSIR
Source: Adaptation of European Commission (2008) Groundwater Protection in Europe

4. DPSIR
Source: European Commission (2008) Groundwater Protection in Europe

5. DPSIR: Policies
Source: European Commission (2008) Groundwater Protection in Europe

6. Fertilizer consumption by agriculture (World)
Source: www.worldbank.org

7. Fertilizer consumption by agriculture (EU-28)
Source: Eurostat
milliontonnes

8. Vulnerable and sensitive areas in Spain
http://sig.mapama.es/redes-seguimiento/

9. Groundwater contamination (Spain)
“The main problem that prevents from reaching the good chemical condition is the
impact of diffuse sources, exceeding in many areas the limits imposed by the
quality standards of Directive 91/676”
Source: MAPAMA & CEDEX 19/02/2016

10. This model is not a viable option
«Future challenges relating to greater pressure on environment, natural
resources, and climate change imply that a “business as usual” model in
agriculture is not a viable option»
Radoslava Kanianska, «Agriculture and Its Impact on Land‐Use, Environment, and Ecosystem Services» en
Landscape Ecology - The Influences of Land Use and Anthropogenic Impacts of Landscape Creation, Amjad
Almusaed (edi.), 2016

11. Legislation relevant to nutrients
o Directive 91/676/EEC pollution caused by nitrates from agricultural
• Aim: Reduce water pollution caused by nitrates from agricultural.
• Instrument: Monitoring, designation of vulnerable areas, codes of good
agricultural practices, and action programs
o Directive 91/271/EEC urban waste-water treatment
• Aim: Reduce water pollution caused by waste water discharges.
• Instrument: Collection systems and appropriate treatment for waste
water, and reinforced in areas sensitive to eutrophication
o Directive 2000/60/EC framework for action in water policy
• Aim: Achieve good status of EU waters by means of integrated RBM
• Instrument: Environmental objectives, River basin management plan and
Program of Measures, and integrated approach based on identified
pressures
o Others
• Directive 2008/56/EC framework for community action in the field of
marine environmental policy (Marine Strategy Framework Directive)
• Clean Air Policy Package 18/12/2013
• Circular economy: New Regulation of fertilizers 17/03/2016

12. Directive 91/676/EEC nitrates from agricultural

13. Case-law to the Nitrates Directive
Date Case-law Name of the parties
29/04/1999 C-293/97 The Queen v Secretary of State for the Environment and Others
01/10/1998 C-71/97 Commission v Kingdom of Spain
25/02/1999 C-195/97 Commission v Italian Republic
13/04/2000 C-274/98 Commission v Kingdom of Spain
07/12/2000 C-69/99 Commission v United Kingdom of Great Britain and Northern Ireland
08/03/2001 C-266/00 Commission v Luxembourg
08/11/2001 C-127/99 Commission v Italian Republic
14/03/2002 C-161/00 Commission v Federal Republic of Germany
27/06/2002 C-258/00 Commission v French Republic
02/10/2003 C-322/00 Commission v Kingdom of the Netherlands
11/03/2004 C-396/01 Commission v Ireland
08/09/2005 C-416/02 Commission v United Kingdom of Great Britain and Northern Ireland
08/09/2005 C-121/03 Commission v Kingdom of Spain
22/09/2005 C-221/03 Commission v Kingdom of Belgium
31/01/2008 C-147/07 Commission v French Republic
17/06/2010 C-105 & 110/09 Terre wallonne ASBL & Inter-Environnement Wallonie ASBL v Région wallonne
29/06/2010 C-526/08 Commission v Grand Duchy of Luxemburg
28/02/2012 C-41/11 Inter-Environnement Wallonie ASBL and Terre wallonne ASBL v Région wallonne
24/10/2013 C-151/12 Commission v Kingdom of Spain
04/09/2014 C-237/12 Commission v French Republic
23/04/2015 C-149/14 Commission v Greece
C-543/16 Commission v Federal Republic of Germany

14. Blueprint
Eutrophication due to excessive
nutrient load remains a major
threat to the good status of
waters as nutrient enrichment is
found in about 30 % of water
bodies in 17 Member States. To
counter these threats, there is a
need to extend nitrate
vulnerable zones and step up
action programmes.
COM (2012) 673 final

15. Main basis and supplementary measures
Source: European Commission (2008) Groundwater Protection in Europe

16. The response necessary: recovery of the costs
o The principle of recovery of the costs of water services, including environmental and
resource costs associated with damage or negative impact on the aquatic environment
should be taken into account in accordance with, in particular, the polluter-
pays principle.
• Whereas (38), art. 9 and annex III of Directive 2000/60/CE
o The codes of good practice and action plans should be complemented by cost recovery
measures.
• Complementary measure that can reinforce the rest of measures
o It is necessary that the damages produced by fertilizers are restored by the agent
responsible
o It is necessary that the damages produced by fertilizers are not assumed by other
agents such as the urban supply system
o Those agents benefitted by the production, retailing and use of fertilizers have shared
responsabilities in its excessive use

17. Case at the Supreme Court of Spain: La Ribera del Júcar
Municipality Population Area
Alzira 44.518 110,5
Algemesí 27.808 41,5
Albalat de la Ribera 3.429 14,3
Benicull de Xúquer 904 3,56
Carcaixent 20.613 59,3
Corbera 3.249 20,3
Cullera 23.406 53,8
Favara 2.048 9,4
Fortaleny 991 4,6
Llaurí 1.318 13,6
Polinya de Xúquer 2.404 12,7
Riola 1.824 5,6
Sueca 28.112 92,5
160.624 441,6
Júcar
River
Basin
District

18. Case at the Supreme Court of Spain: La Ribera del Júcar
Estimation of the pressure
supported by the
underground water
masses
Figure 201. Map of
nitrogen excess
(kg/ha/año) applied on the
terrain for each
underground water mass.
CHJ, Informe para la Comisión Europea sobre los artículos 5 y 6 de la Directiva Marco del Agua. Demarcación
Hidrográfica del Júcar. Abril de 2005, p. 268

19. Case at the Supreme Court of Spain: La Ribera del Júcar
Annual report 2014
Annual report 2015
Chemical quality of
subterranean water body:
080-142 Plan de Valencia Sur

20. Case at the Supreme Court of Spain: La Ribera del Júcar
o Underground water no longer presents enough quality for human consumption
• Does no meet the standards on nitrates and pesticides
o Measures for improving the local supply were taken
• Substitute underground water for surface water, up to now, paid by the municipality
o From now, the costs of the measures will be applied according to the polluter pays
principle
o As the pollution mainly comes from the agriculture…
• Estudio de Tragsatec, S.A. and the Politechnic University of Valencia (UPV)
o … costs should not be applied to those who are not responsibles
• The allocation of costs of the basin Hydrological plan is annuled
• Municipalities are released from covering the substitution costs
ECLI: ES:TS:2017:1131

21. Conclusions
o The excessive agricultural fertilization is a serious environmental problem
• Trend: Increase in the consumption of fertilizers
o This polluting agricultural model is unsustainable
• Environmental deterioration: Specially serious in case of underground
water
o The normative answer is not being effective enough
• We are already in the sixth four-year-period of application of the
Directive on nitrates (2016-2019) and the progress cannot be considered
enough
o One of the necessary answer is the effective cost recovery
• The polluter pays and does not get aid
o It is necessary to consider this situation in the project
• The efficiency is only recommended if it is sustainable.
• The application of specific technologies should be jointly evaluated,
considering rebound effects and the risks of the technological lock-in.

22. Thank you
Ruth Pérez, Abel La Calle,
Francesc La Roca and Joan Corominas
Fundación Nueva Cultura del Agua

23. ANNEX III Criteria for determining best available techniques
1. the use of low-waste technology;
2. the use of less hazardous substances;
3. the furthering of recovery and recycling of substances generated and used in the process and of waste,
where appropriate;
4. comparable processes, facilities or methods of operation which have been tried with success on an
industrial scale;
5. technological advances and changes in scientific knowledge and understanding;
6. the nature, effects and volume of the emissions concerned;
7. the commissioning dates for new or existing installations;
8. the length of time needed to introduce the best available technique;
9. the consumption and nature of raw materials (including water) used in the process and energy
efficiency;
10. the need to prevent or reduce to a minimum the overall impact of the emissions* on the
environment and the risks to it;
11. the need to prevent accidents and to minimise the consequences for the environment;
12. Information published by public international organisations.
________________________
DIRECTIVE 2010/75/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, of 24
November 2010, on industrial emissions (integrated pollution prevention and control)
(Recast)
* ‘emission’ means the direct or indirect release of substances, vibrations, heat or noise from individual or
diffuse sources in the installation into air, water or land; Art 3. (4)