The Scottish Government

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

IPPC Directive

Protection of soil, water and air

Requires use of best available technology to reduce pollution etc. Installations must have permit from SEPA

Covers intensive farming - pigs, poultry - as well as other industries. Already implemented for new/changed installations

Implementation for existing pig and poultry premises delayed until 2007 as part of the "action plan" for farming. There will be a consultation on a new PPC charging scheme in 2002

Charges payable to SEPA: £3,048 application fee and £2,041 annually for monitoring, inspections etc. Premises may also require to introduce pollution reduction measures. IPPC controls extend to larger premises only. Around 120 farms may be affected. No financial assistance is available.

EC DIRECTIVE

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Nitrates Directive

Protection of water against nitrate pollution from agriculture

Country-wide advisory Code of Practice. Designation of nitrate vulnerable zones (NVZs) where polluted waters identified. Mandatory "action programme" rules apply within zones.

One small NVZ designated 1996 with action programme in place.

Ythan NVZ designated March 2000 following infraction case.

Ythan action programme rules.

Further widespread Consultation on new NVZs currently on-going to close mid April 2002. Consultation on action programme measures to be launched April 2002.

NVZ Action Programme will have biggest impact on intensive farms where additional slurry storage to cover closed periods for application may be needed. All farms in NVZs require to keep records. Some restrictions on agricultural practice.

Approx. 18% (14,500 farms) of Scotland's agricultural land area likely to be designated in during 2002

40% capital grant announced for slurry storage.

Guidance on action programme regulations and compliance available in paper and CD-ROM format

Bathing Water Directive

Protection of water and public health

Requires designation of waters used for bathing. Member State then required to achieve mandatory biological standard by 1985 and work towards higher, guideline standard.. Method for achieving that is not specified. Best endeavours not enough.

60 bathing waters designated in Scotland. NGOs pressing for more. ECJ case in progress over consistent failure in UK (esp. Scotland) to achieve standards.

Investment in sewerage likely to improve situation but significant risk of failure will remain as a result of agricultural pollution. May need regulation if voluntary measures fail

The Scottish Executive together with stakeholders has prepared a strategy to tackle all pollution threats to bathing waters, including those from agricultural and other diffuse pollution.

Additionally, the Scottish Executive is working together with the Commission to inform the revised Bathing Waters Directive, particularly on strategies to deal with diffuse pollution.

Investment may be required on some farms but prospects of significant improvements if farmers follow the advice provided by the Scottish Executive and SAC. This includes preparing farm waste management plans and by adopting other low cost measures to reduce diffuse pollution.

To assist farmers, a dedicated specialist post to provide advice on best practice that will build on existing agricultural advisory services has been introduced. This is a partnership effort among SAC, SEPA. SNH, NFU Scotland, WWF Scotland and FWAG, with most funding from the Executive.

The Executive has also commissioned a series of technology transfer workshops in sensitive catchments from SAC.

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Shellfish Waters Directive

Seeks to achieve high standards of water quality where shellfish harvested.

Shellfish Waters must be designated. SEPA uses other drivers, e.g. the Urban Waste Water Treatment Directive, and pollution control powers for "improvement programmes" to comply with mandatory and progress to guideline standards.

Scotland had 33 shellfish waters until 21 March 2002, when the number was increased to 108. This change came about as a result of infraction proceedings, but this action by the Scottish Executive has stopped proceedings and gained wide support in consultations.

As the industry develops, further designations will be considered

Expect that new legislation under the Water Framework Directive will provide at least the same degree of protection as the Shellfish Waters Directive

For reduction in pollution from farms/crofts, see section on Sewerage (Scotland) Act 1968.

Groundwater Directive

Protection from pollutants of vulnerable groundwaters

Disposals of sheep dip and other waste agri-chemicals to land have to be authorised by SEPA. Small farmers/crofters may save money by sharing one authorisation.

1998 regulations followed infraction over previous "administrative" implementation. Case triggered by poisoning of Scottish drinking water supply by sheep dip.

Code of Practice on the use (rather than the disposal) of sheep dip to be published Autumn 2001.

Farmers must pay for each authorised disposal site a one off application fee of £157 and an annual maintenance charge of £127.

Approx 2,500 authorisations (pre-FMD) issued including contractors, common grazings committees and individual farmers.

Ministerial Direction issued to SEPA to allow the waiving of annual charge to farmers who have lost sheep as a result of foot and mouth disease for year 2001-02.

Fresh Water Fish Water Directive

Safeguard fish populations from water pollution

FWF Waters must be designated. SEPA uses pollution control powers for "improvement programmes" to comply with mandatory and progress to guideline standards. Infraction proceedings have been started, but are based on an outdated understanding of the Scottish position

73% of the total monitored length of Scottish rivers designated under Directive

Improved individual programmes for each designated water likely to be required to close infraction proceedings. SEPA aware

SEPA programmes mainly aimed at dischargers but may have implications for farmers in the future as they are developed.

No estimate of costs.

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Water Framework Directive

Holistic approach to planning and achieving protection and improvement of surface, coastal and ground waters.

Participative River Basin District Planning process to set objectives for environmental improvement.

"Programmes of measures " - controls on all negative impacts on water environment - to achieve them.

Transposition by December 2003. To be done through Water Environment and Water Services Bill. Full implementation phased until 2015 .

Measures phased in 2005 to 2012. First RBDP finalised 2009.

Will include mandatory requirements in Directive for control of diffuse pollution, water abstraction and river engineering.

Env pressures + possible management measures determined by outcome of RBMP process. Impact could be significant depending on extent to which diffuse pollution tackled in the next decade. Regulation will only be necessary where environmental damage is caused.

Farmers + other agric stakeholders + organisations have been involved in consultative process.

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Environmental Impact Assessment Directive

To ensure that the competent authority for a particular project decides whether or not to grant consent in full knowledge of any likely significant effects on the environment.

Environmental Statement has to be submitted with consent (usually planning) application where project is likely to have significant effect on the environment.

Implementation done (1999 Regulations) but infraction case has highlighted need to include "water management projects for agriculture" not all of which were previously included.

Colleagues in DD-PL lead on this. Draft SSI has been prepared - consultation due shortly.

Hopefully not too great. While certain operations will be brought within definition of "development", permitted development rights will be granted. Planning permission will only have to be sought (and Env Statement prepared) where project is likely to have significant effect on the environment.

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Waste Framework Directive

Protection of human health soil, water and air.

Cradle to grave controlled waste regime: licensing of keeping, treating, storage, transport and disposal of controlled waste;

exemptions for land application of certain wastes.

Responsibility of landowners to keep land free from litter.

Currently applies to all sectors other than farms, mines and quarries

Farm waste to be brought into licensing regime under threat of infraction proceedings. Tightening of exemptions.

Proposed amendment to waste management licensing. Possible treatment of blood and gut content before application to land

Initial estimate £1.5 to £2m but much scope for waste reduction and improved management to reduce that.

Estimate costs of £0.75m to 5m depending upon treatment process used.

Estimate £300 -600k

Hazardous Waste Directive

As above

Control of special waste:

Most dangerous and hazardous substances requiring disposal

As above.

Agricultural Waste Regulations controlling non-natural wastes e.g. plastics, oils, twine etc mid-late 2001.

Cost need to be identified via RIA. Cost to farmers will include landfill tax or refuse collection.

Packaging Directive

Waste minimisation, recovery and recycling

Responsible use of packaging material

Minimisation of packaging waste

Applies to registered companies with turnover >£2m who use >50tonnes packaging/year.

EC considering new targets for 2006.

Unlikely to affect farming enterprises unless registered companies etc.

Manufactures of feedstuffs, fertilisers could be caught

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Animal Waste Directive 90/667/EEC -

Veterinary rules for disposal +processing of animal wastes etc.

Protect public and animal health by preventing the spread of pathogenic material into the food chain.

Prescribes hierarchy of options for disposal of animal and catering waste.

Applies to both the farming sector and meat industry.

Largely prohibits on-farm burial

Directive currently undergoing a review in Brussels.

None, but farmers are looking for financial help too

Disposal costs

passed down the meat supply chain by way of lower livestock prices.

Some EC Member States provide subsidised collection.

Sludge Directive

Regulates use of sewage sludge in agriculture to prevent harmful effects on soil, vegetation, animals and man

Specifies requirements and precautions for sludge use. Occupier of land to provide sludge producer with information on land used for inclusion in register.

Implementing regulations to be revised to take account of Safe Sludge Matrix (UK Code) and proposed changes to Directive

Consultation planned for early 2002.

Admin costs may fall to farmers. Sludge is a free source of nutrient but farmer must take account of nutrient balance.

Waste Incineration Directive

Protect air, water and soil form pollution

Directive to be transposed by Dec 2002. Policy on implementation to be decided.

On-farm animal incinerators that process less than 50kg/hour are exempted from the WID and are currently controlled by the Animal Waste Directive (90/667/EEC). As from mid-2002, small incinerators will be controlled by the new European Animal by-products Regulation, which will replace the existing Animal Waste Directive.

Appropriate, corresponding revision to be made to the Animal Waste Directive (90/667/EEC) to provide for "high" environmental standards"

Too early to say.

EC Directive

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

National Emissions Ceilings Directive (

and Gothenburg Protocol of 1999

Improving the protection of the environment and human health by limiting the emission of acidifying and eutrophying pollutants and ozone precursors.

Limitation of the annual national emissions of pollutants: sulphur dioxide, nitrogen dioxide, volatile organic compounds and ammonia;

Targets to be met by 2010.

To be decided.

May be a requirement to reduce ammonia emissions. If required, targets may be delivered partly through IPPC (see above) controls on intensive farming.

Too early to say how many or what costs may be for farmers.

No fin assistance planned

Legislation

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Control of Pollution Act 1974

Limitation of water pollution.

Basic toolkit with which SEPA regulates discharges, and seeks prosecution of polluters. Under proposed regulations, SEPA will be able to serve Works Notice on polluter or potential polluter requiring action to prevent or clean-up at their own cost, and Enforcement Notice on discharge consent holders requiring action to meet conditions or action to avoid breach of consent.

Farmers can be and are prosecuted under this Act for causing pollution.

Some farms may hold discharge consents.

New Works Notices may be used, when available, to tackle agricultural pollution as a flexible alternative to prosecution.

Similar Regulations already in force south of the Border.

Farmers can be prosecuted for causing pollution but less likely to happen if they are falling good agric practice as exemplified by the PEPFAA Code.

Control of Pollution (Silage, Slurry & Agricultural Fuel Oil) (Scotland) Regulations 2001.

Protect waters from silage effluent, slurry and agricultural fuel oil pollution.

Siting, design and construction of silos, slurry stores and agricultural fuel oil storage areas subject to certain requirements.

New + substantially changed structures subject to Regulations from 1991.

The 2001 amendment Regs allow SEPA to serve Notice on all structures including requirement for Farm Waste Management Plan where appropriate. Will also relax certain provisions to farmers' benefit

May have a role in addressing problems of point + diffuse pollution in problem catchments in SW Scotland.

Will encourage maintenance of storage facilities thereby safeguarding the environment by SEPA relaxing regulation requirements where appropriate.

FWMP may cost up to £750 where required as part of a Notice.

No financial assistance but relaxation of some measures may save farmers money inn certain circumstances.

Natural Heritage (Scotland) Act 1991

Includes provisions allowing control of water abstraction for irrigation.

The Scottish Ministers may designate an area in which control will take place. SEPA licenses abstraction therein.

Has only been applied to 2 small catchments where over-abstraction a particular problem

Will be overtaken by comprehensive abstraction controls required by Water Framework Directive

None apart from catchments where applied.

Legislation

Purpose

How it works

Implementation

Future

developments

Practical effects, extent and assistance

Sewerage (Scotland ) Act 1968 in conjunction with Urban Waste Water Treatment Directive

Regulation of discharges to sewer

Implementation of the requirements for standards of treatment of sewage and trade effluent

Enterprises discharging trade effluent to public sewer must obtain a consent to discharge from Water Authorities

Some farms subject to trade effluent controls

If a farm/ business has a trade effluent consent to discharge to sewer, then it will pay the water authority a charge based on the cost of treating the discharge.

No assistance is provided.

Processing industries (e.g. creameries) affected by charges increases with potential knock-on effects on farming.