Wettelijk instrumentarium voor landbouwmaatregelen om waterkwaliteit te verbeteren: realisatie van nutriëntendoelstellingen uit de Kaderrichtlijn Water

The targets for nitrogen and phosphorous concentrations in groundwater and surface water under the Water Framework Directive and the Nitrates Directive are currently not being met in certain regions of the Netherlands. The Scientific Committee on the Nutrient Management Policy (CDM) has studied the relevant legal instruments to determine whether or not these provide sufficient means to introduce the additional measures required to improve water quality. The generic approach to controlling nutrient leaching involves the application of use standards and conditions under the Act on Manures and Fertilisers and the Decree on Fertiliser Use (Soil Protection Act). If this legislation is amended, the national government will be able to deploy all the measures examined in this study on a regional scale. Without any legislative amendment, it will not be possible to delegate powers to subnational authorities for the application of generic measures. In the place-based approach the provincial authorities can deploy certain measures in groundwater protection areas via the provincial environmental regulation. Water authorities can issue individual regulations declaring crop-free zones (no fertiliser use) along watercourses in specified areas. These possibilities available to regional authorities can only be used in specific situations. When the Environment and Planning Act comes into force these powers will be expanded. Further research will be needed to determine whether or not it will be necessary to extend the powers available to provincial and/or water authorities to include the imposition of supplementary place-based measures