Lithuanian and EU positions on the Chapter 22: “Environment”

 6 April 2001

Lithuanian position

Following the Position Paper of Lithuania (CONF-LT 34/00) and the EU Common Position (CONF-LT 54/00) submitted to the Conference on Accession to the European Union on 24 July and 15 November respectively, Lithuania hereby presents additional information concerning Chapter 22, “Environment”.

General remarks

Taking into account additional information obtained through the detailed studies as well as intensive internal and external consultations, the Government of Lithuania reviewed the length and scope of all the requests on transitional periods. The decision is made to withdraw the requests on transitional periods in the field of nature protection, drinking water and nitrate pollution from agricultural sources as well as to shorten the rest of transitional periods requested (details are presented below).

For horizontal, air quality, waste management, water quality, nature protection, industrial pollution control and risk management, chemicals and genetically modified organisms as well as nuclear safety and radiation protection sectors, additional information (including implementation and financing plans) is provided in Additional Information and its annexes.

Horizontal legislation

Directive 91/692/EEC standardising and rationalising reports on the implementation of certain Directives relating to the environment.

Lithuania notes the importance of implementation of the Directive’s requirements and is paying proper attention to the transposition and development of institutional structures to be able to fulfil requirements by the accession.

Lithuania is undertaking an inventory of the EU reporting obligations, assessment of the existing data collection and information management practices in the country, and identification of necessary actions to comply with the requirements. This activity will result in the preparation of the Information Management Programme by the end of 2001. Lithuania will inform the EU about further developments regarding this Directive at the later stage when the Programme is prepared.

As regards reporting  prior to accession, Lithuania is confirming that available data will be provided on a voluntary basis.

Directive 91/676/EEC on nitrate pollution from agricultural sources

The provisions of this Directive will be fully transposed after the Governmental resolution concerning reduction of the pollution of waters caused by nitrates from agricultural sources is adopted in 2001 (draft resolution has been already prepared). Code of good agricultural practice has been developed and endorsed by Ministers of Agriculture and Environment in 2000. The Code has been already presented to the European Commission.

The investment-related requirements of the Directive are transposed to the national legislation and are obligatory for new installations bigger than 150 units from 2000. Requirements of the directive will be obligatory for all new installations from the day when the first Action Programme comes into force (no later then by Lithuania’s accession to the EU).

Lithuania has developed a Strategy for implementation of the Nitrates directive which addresses the main issues related to transposition and implementation of Directive 91/676/EEC (the Strategy and the Monitoring Programme are presented in annex VII.1&2). Assessment of the sources of agricultural pollution has shown that a major part of the territory of Lithuania should be designated as vulnerable to nitrate pollution.  Lithuania will apply article 3.5 of the Directive and the Action Programme will be applicable for the whole territory.

Taking into account the recommendations of the Strategy, as well as the outcomes of the intensive internal and external consultations, Lithuania is ready to reconsider its earlier position and is planning to achieve full compliance with the directive requirements during implementation of the first and second four-year Action Programmes. All measures concerning practices which create no big investment problems (i.e. except for storage vessels for livestock manure and manure spreaders) will be made mandatory for all farms (new and existing) during the first Action Programme. The first Action Programme will also require progressive compliance with the directive’s requirements for all big existing farms, farms with obvious pollution problems and all farms where new investments take place. During the period of the second Action Programme progressive rehabilitation will also be achieved for smaller farms.

All the measures, which do not require large investments, will be mandatory from the date of accession.

After the first action programme is implemented, all the livestock breedings bigger than 300 live stock units and smaller units with a negative impact to environment (according to the Nitrates directive criteria) will be compliant.

The requirement for 6-month manure storage capacity is related to the specifics of Lithuanian farming: Livestock are being hold in the farms not longer than 6 month per year. The rest of the year livestock stay in the pasture outside the buildings. Nevertheless general storage capacity requirements will be considered again during development of the Action Programme. Individual requirements (on farm level) will be put in place by considering and reflecting different conditions of farming.

Current Lithuanian requirements for minimum soil coverage are based on HELCOM recommendations. Need for increased soil coverage in winter will be considered again during development of the Action Programme and based on the monitoring results of the first action program.

Preparation of the “Programme for reduction of pollution by nitrates from agricultural sources” is included into the programme of the Government of Lithuania for 2000-2004. The first action program will be published in 2003 and its implementation will be started from the day of accession.

EU position

With regard to Directive 91/676/EEC on nitrate pollution from agricultural sources, the EU welcomes Lithuania's decision to withdraw its request for a transitional period and that it is ready to establish an action programme in 2003 and to begin its implementation by the date of accession. Furthermore, the EU welcomes that all new livestock units will comply upon accession and that all measures not requiring large investments will be made mandatory upon accession. The EU notes that Lithuania will implement the second action programme by 2008 ensuring progressive compliance for smaller farms. The EU notes also that Lithuania will apply Article 3(5) to its whole territory.