To ask the Scottish Executive what criteria are used when deciding whether an area should be designated as a Nitrate Vulnerable Zone.
Waters are assessed by the Scottish Executive against criteria in the EC Nitrates Directive (91/676/EEC). Article 3(1) of the Directive requires waters affected by pollution and waters which could be affected by pollution if action pursuant to Article 5 is not taken, to be identified in accordance with criteria set out in Annex I. The criteria are:
1. Whether surface freshwaters, in particular those used or intended for the abstraction of drinking waters, contain or could contain, if action pursuant to Article 5 of the Directive is not taken, more than the concentration of nitrates laid down in accordance with the Drinking Waters Directive (75/440/EEC);
2. Whether groundwaters contain more than 50mg/litre nitrates or could contain more than 50mg/litre nitrates if action pursuant to Article 5 is not taken; and
3. Whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become eutrophic if action pursuant to Article 5 is not taken.
The Directive requires member states in applying these criteria to take into account:
1. The physical and environmental characteristics of waters and land;
2. The current understanding of the behaviour of nitrogen compounds in the environment (water and soil); and
3. The current understanding of the impact of the action taken pursuant to Article 5.
Article 3(2) requires all areas of land which drain into such waters to be designated as vulnerable zones.