Nitrates Action Programme

Objective:

Upon accession to the EU, Malta, as all other Member States, was obliged to ensure compliance with the Nitrates Directive 91/676/EEC. This Directive lays down provisions that are specific to the protection of waters against pollution caused by nitrates (organic-manure/slurry and inorganic fertilizers) from agricultural sources.

In Malta, the directive has been transposed into S.L 549.25 establishing the Environment and Resource Authority as the CA for the coordination and monitoring of the implementation of the provisions required in the Directive. S.L 549.66 establishes the Agriculture Directorate as the Competent Authority for the implementation of the Nitrates Action Programme Regulations.

The general provisions pertaining to the objective of this table are summarised in Table 1.

	Table 1
1	Identify vulnerable zones
2	Establish Action Programmes should include measures to limit the land-application of all nitrogen-containing fertilizers and in particular to set specific limits for the application of livestock manure
3	Monitor waters and to apply reference methods of measurement for nitrogen compounds to ensure that measures are effective
4	Establish a (Nitrates) Committee to assist the Commission on matters relating to the implementation of this Directive
5	Establish a code or codes of good agricultural practice, to be implemented by farmers on a voluntary basis
6	Set up a programme, where necessary, including the provision of training and information for farmers, promoting the application of the code(s) of good agricultural practice.
7	Draw up and implement suitable monitoring programmes to assess the effectiveness of action programmes.

Directorate’s Role:

The Agriculture Directorate is the Competent Authority in ensuring the implementation of the Nitrates Action Programme obligations that Malta has as a Member State with regards to the protection of groundwater from nitrate contamination, specifically from agricultural sources.

In compliance with Article 12 of the Directive, under the Environment Protection Act, Malta has brought into force S.L 549.66 which provides for the administrative provisions necessary to comply with this Directive. This was also complemented with a review of the Action Programme in 2011.

Legal Basis

National

S.L 549.66: Nitrates Action Programme Regulations

E.U. Directive

Nitrates Directive 91/676/EEC

Lodging a report:

The Agriculture Directorate is responsible to follow up any reports of breaches pertinent to S.L 549.66.

For any reports you may wish to make :

+356 23397777
[email protected]

Record-Keeping

Record-keeping pertinent to the Nitrates Directive is established according to the provisions laid down in Regulation 12 of S.L. 549.66

To assist farmers to reach the objective in ensuring compliance to such obligations a standard policy is to be adopted for:

• Controllers from the Nitrates Action Unit (Agriculture Directorate) and Control Unit (Paying Agency – Cross Compliance) in making checks to ensure farm management records are being properly maintained
• Availability/accessibility for farmers to refer to templates (from website)

It shall be clear that there is no legal obligation for the farmer/livestock breeder must obligatorily use such templates; rather, these templates shall be used as a guidance procedure. In complying with the requirement stipulating that: Farmers shall keep adequate and updated farm management records, and shall make them readily available for inspection to the Department upon request.
Farm management records shall include the following information, as applicable:

a) the farmer for the calendar year in question;
(To be indicated on every submitted sheet, applicable to both livestock and land-based)

b) the total agricultural area including the size and location of each field;
(This is to be available on approved fertilizer plans through the calculation performed on the IT system)

c) the cropping regimes and their individual areas;
(This is to be available in the system through the issuing of approved fertilizer plans)

d) the number of livestock kept on the holding, their species and type and the length of time for which they were kept on the holding;
(Information to be made available from the herd book, important that this is kept up to date)
((Applicable only to livestock owners))

e) the capacity of livestock manure storage, and where applicable, the details of rented storage, livestock manure production, manure separation, the details of any rental or contractual agreement;

• certificate of warranted architect having details of the manure clamp and cesspit
• Livestock manure production – farmer has an indication of calculation as per Annex V of NAP (Annex II)
• Manure separation – any records of technical information pertaining to use of manure separation, e.g. electricity used vis-a-vis rate of separation per hour.

(Applicable only livestock)

f) the quantity of each type of fertilizer moved on or off the holding, the amount of each type of fertilizer applied, the nutrient content of the inorganic fertilizer, the location used;

g) the date of movement of farm manure, the name and address of the consignee, the consignor and any third-party transporter of the manure.

Advisors & Technical Experts

Regulation 18(j) of S.L 549.66 requires the Competent Authority to have a List of Advisors and technical experts.

These advisors and technical experts would be recognised by the Directorate as competent person to provide advice and technical input in the compilation of Fertilizer Plans that is to be carried out in line with Regulation 4 of S.L 549.66.

Any person interested to attain recognition from the Director to be included in the list of Advisors and Technical experts is to contact the relevant officials.

List of Advisors and Technical Experts

Name	Mobile	Email	Certificate No	Date of First Registration
Mr. Henning Lyngsø FOGED	+45 6141 5441	[email protected]	TA9	30 November 2022
Mr Kyle Spiteri	77428674	[email protected]	TA10	22 August 2023
Dr Daniel Sultana	79041088	[email protected]	TA6	3 August 2018
Mr Thomas Galea (AgriConnect)	21804981/2/4	[email protected]	TA11	3 November 2023
Mr. Anthony Muscat	79538610	[email protected]	TA5	10 July 2018

Registering as an importer, distributor or reseller of fertilizers

In line with Regulation 14(1) of S.L 549.66 all importers, distributors and resellers of fertilizers shall be registered with the department. All importers, distributors and resellers of fertilizers shall apply through the following link:
Click Here

Approved Training Courses – For the Use of Organic & Inorganic Fertilizers

In line with Regulation 13(2) if S.L 549.66 the Agriculture Directorate organises periodical courses on the use of fertilizers. Anyone interested in attending one of these courses can contact Agri-Connect on : 2180 4981.

General Information:

For further information, contact: [email protected]

Registering parcels in the Agricultural Land Register:

To register your parcels in the Nitrates Registry kindly contact Front Office on 23397777.

Click here for more information about the Protection of Agricultural Land Regulations

Resources: