Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996: implementation report 2020 to 2023

1. Introduction

1.1 Purpose

This report is prepared under regulation 8 of the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 ("the Regulations").

The report covers the reporting period from 2020 to 2023. It is published by the Scottish Government and has been produced with assistance from the Rural Payments and Inspections Division (RPID) and the Scottish Environment Protection Agency (SEPA). Previously reports regarding the implementation of Nitrates Directive (91/676/EEC) were required to the be sent to the EU Commission which then prepared an EU wide report on implementation of that Directive. Regulation 8 was amended following the UK's exit from the EU and maintains a public reporting requirement in relation to the Regulations.

This report sets out the information required under regulation 8(2) of the Regulations that is:

• a summary of the monitoring results obtained by SEPA under regulation 4
• maps of the current designated nitrate vulnerable zones in Scotland, accompanied by a summary of the most recent review of the designated nitrate vulnerable zones conducted under regulation 3(2) since the end of the previous reporting period
• a summary of the most recent review of the action programme
• details of any steps taken to promote good agricultural practice and
• a statement about the predicted impact of the action programme on future water quality.

1.2 Background to the report

The Nitrates Directive 91/676/EEC aims to protect water quality across Europe by promoting the use of good farming practices that prevent nitrates from polluting the water environment. The Regulations implemented the Nitrates Directive in Scotland.

Areas where the concentrations of nitrate in water exceed, or are likely to exceed, the levels set in the Directive are designated as Nitrate Vulnerable Zones (NVZs) and mandatory rules, set out in Action Programmes, must be enforced to reduce nitrate loss from agricultural land and to protect human health and resources from water pollution.

We produced the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008 (as amended), to meet Scotland's legal and environmental obligations for NVZs. These 2008 Regulations set out what is required from farmers to comply with the NVZ rules.

The Nitrates Directive required the UK, when it was a member state of the EU, to send to the Commission a report on the implementation of the Nitrates Directive every four years. The EU Commission then prepared an EU-wide report on implementation of the Nitrates Directive. Regulation 8 of the Regulations was amended following the UK's exit from the EU and maintains a public reporting requirement in relation to the implementation of the Regulations.