Oneof the key conditions for the implementation of the provisions of theCouncil Directive of 12 December 1991 concerning the protection ofwaters against pollution caused by nitrates from agricultural sources(91/676/EEC) was to designate waters vulnerable to pollution fromnitrogen compounds from agricultural sources where measures to limitnitrogen runoff from agricultural sources need to be employed (NVZs).The relevant regulations should have been into force since the date ofPoland?s accession to the EU on 1 May 2004, yet the Directive has notbeen transposed since. At the end of 2011, the European Commissiondemanded full transposition of the Nitrates Directive into the Polishlegal system, predominantly by proper and adequate designation ofnitrate vulnerable zones (NVZs), and to adapt NVZ-specific actionprogrammes to the requirements set out in the Directive.
Thefirst nitrate vulnerable zones in Poland were designated in 2007. Therewere 21 zones designated based on water monitoring data from the period1990-2002, with the total surface of 6264.35 km2,accounting for 2% of the total area of Poland. Individual actionprogrammes have been drawn up for all nitrate vulnerable zones andadopted by region al water management agencies (RZGW). There actionplans were then published in the Journals of Laws of the relevantProvinces and entered into force as local laws.
In2007, under Contract2006/441164/MAR/B1 - Implementation of the NitratesDirective(91/676/EEC) - Task 3, experts from the Wageningen University submitted an Assessment of the Designation of Nitrate Vulnerable Zones in Poland. The key conclusions were as follows:
Inthe context of the large number of farms with inappropriate manurestorage facilities and runoff collection systems, the relatively uniformdistribution of vulnerable groundwater and surface waters in the ruralareas, the prevalence and vulnerability of light-textured sandy soils,relatively high share of livestock waste in nitrogen leaching, theprevalence of land amelioration (improvement) practices, higheutrophication of the Baltic Sea and the relatively large nutrientdischarges from agricultural sources carried by Oder and Vistula to theBaltic Sea, one may argue to designate the whole Polish territory asNVZ.
Inresponse to the proposal to designate the whole Polish territory asNVZ, it is argued that the proposal is in general prescriptive andrestrictive, and that it carries some serious consequences for farmersand can only discourage them from undertaking environmental protectionmeasures. However, it needs to be pointed out that, as indicated in theAssessment, there are some serious shortcomings in designation of NVZs.Also, the Assessment of Pollution of Shallow Groundwater DirectlyExposed to Nutrient Runoff, with a Focus on Agriculture, and thePotential Environmental Impact of Pollution from Agricultural Sourcesdrafted in 2008 by the Institute of Soil Science Fertilisation and PlantCultivation (IUNG) in Puławy conclude that the decisions to designatenitrate vulnerable zones in 2004 were based solely on hydrologiccriteria, without taking into consideration the relevant agriculturalindicators, and that until 2010, it would be necessary to develop acoherent methodology of designating NVZs based on hydrologic criteriaand agricultural indicators, and that the boundaries of NVZs and thoseof administrative districts should overlap, but account should be takenof the existing catchment areas.
In2008, the National Water Management Authority (KZGW) and the Ministryof Environment reviewed the boundaries of NVZs within individualRegional Water Management Authorities (RZGW). Action programmes werealso developed to limit nitrogen runoff from agricultural sources forzones vulnerable to pollution from nitrates from agricultural sources(2008 ? 2012). In consequence, the area of NVZs was reduced by over 26%against the year 2004. The number of NVZs was limited to 19. NVZscurrently occupy the area of 4623.14 km2, or 1.5 of the totalarea of Poland. 4 NVZs were excluded, the area of 13 NVZs was modified,and there were 2 new NVZs established. NVZs were now designatedaccording to the river catchment areas based on geodesic zones insteadof local administrative districts (as was the case in 2004), and theirtotal area was reduced accordingly.
In2009, the European Commission negatively evaluated the new Polishaction programmes and assessments of the designated zones vulnerable tonitrates from agricultural sources (the European Commission?s documentfeaturing evaluation of new Polish action programmes and assessments ofthe designated zones vulnerable to nitrates from agricultural sources,enclosed to the letter of the European Commission, Directorate Generalfor the Environment, Directorate B for Environmental ProtectionBI/AR/cvi/D(09)Ares 155620 of 3 July 2009 sent to the National WaterManagement Authority, Water Planning and Water Resources Department, No.DPZWpgw-987/09/AR, of 15 July 2009). One year later, the European Commission, acting through the General Secretariat in Brussels, sent a formal letter2010/2063K(2010)6549a to Poland, arguing that the designation of waterscontaminated and exposed to contamination was insufficient, and that thearea of water polluted by nitrates and exposed to eutrophication wastoo small. In addition, Poland failed to establish action programmes forall NVZs which would be binding and applicable to all farmers,satisfying the obligations set out in Annex II and Annex III to theNitrates Directive. The last time the European Commission wrote a formalletter to Poland was in November 2011, in which it demanded that theirregularities in designating nitrate vulnerable zones be removed andthat Poland fulfils the obligations imposed by the Nitrates Directive.The European Commission also distanced itself from the opinion ofPoland's authorities claiming that the status of the designated nitratevulnerable waters and zones is satisfactory, arguing that:
Assessmentand designation of NVZs for the period 2012-2015 is currently underway. It is mainly based on the expert report commissioned by IUNG:?Assessment of Agricultural Pressure on the Status of Surface Water andGroundwater and Designation of Zones Particularly Vulnerable to Nitratesfrom Agricultural Sources?. The proposals to re-examine NVZs within theboundaries of individual Regional Water Management Authorities weresubmitted in early 2012 for social consultations. Judging from thepreliminary analysis of the proposed changes, both in terms of the areaand the number of NVZs, Poland?s commitments under the NitratesDirective are likely to be met, and the NVZs designated in 2012 willhopefully reflect the actual risk of surface water and groundwaterpollution from agriculture, and that appropriate protection measuresunder appropriate action programmes will be implemented. For example, itis proposed to designate 9 (instead of 1) NVZs within the boundaries ofthe Regional Water Management Authority in Szczecin.