Council Directive of 12 December 1991 on the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) (published on 31 December 1991)
The European Union publishes the Directive 91/676/EEC, of December 12, 1991, which includes what a should contain Code of Good Agricultural Practices (CBPA), and which obliges Member States to develop it to prevent diffuse pollution of surface and groundwater, caused mainly by nitrates of agricultural and livestock origin.
It establishes the criteria for the identification of vulnerable areas, the measures that a CBPA must include, both mandatory and complementary, the importance of carrying out, when necessary, a program to promote implementation, with training and information for farmers, maximum limits of nitrogen from manure per hectare per year that can be applied, preparation of action programs to be applied in the designated vulnerable areas and reports to be submitted to the European Commission.
At the national level, Spain publishes the Royal Decree 261/1996, Royal Decree 1/2016/2016 of February 16, on “protection of waters against pollution caused by nitrates from agricultural sources”, to transpose the aforementioned directive. It obliges the competent bodies of the Autonomous Communities to draw up their own Water Protection Codes (CBPA), which are voluntary for farmers outside vulnerable areas.
From this requirement, each Autonomous Community has been publishing its CBPA, with different criteria, obligations and complementary measures. https://observatorioregadio.gob.es/plataforma-de-conocimiento/documentos-y-estudios/buenas-practicas/
In addition, the European Commission's technical document is available, Recommendations for establishing Action Programs under Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources, prepared by a consortium of experts led by Wageningen University. https://observatorioregadio.gob.es/wp-content/uploads/2026/01/250131_guia-de-enlaces.pdf
Despite this regulatory framework, water pollution continues to increase, and the European Commission initiated proceedings, which resulted in a judgment against Spain on March 14, 2024. In this context, Royal Decree 47/2022, of January 18, was published, repealing the previous decree and introducing new requirements.
Section 2 of Article 5 of the aforementioned royal decree establishes that the Ministry of Agriculture, Fisheries and Food (MAPA) “The Ministry of Agriculture, Fisheries and Food (MAPA) will publish a study of the current codes of good practice and their effectiveness. This study will be prepared in collaboration with the autonomous communities and river basin authorities involved in monitoring water quality, as referred to in Article 9. Based on the results of this study, MAPA will issue recommendations to the autonomous communities for the revision of these codes of good agricultural practice.”
Likewise, the MAPA in coordination with the Autonomous Communities, will develop a support plan for the implementation of the CBPA, including the best training and information for farmers and ranchers.
The responsibility for developing the new CBPA, which must meet current requirements, lies with the Autonomous Communities; this obligation, in turn, provides an opportunity to offer a space for the joint exchange of knowledge and experience.
At the second plenary meeting of the National Irrigation Board, On November 5, 2024, the meeting chaired by the Ministry of Agriculture, Fisheries and Food (MAPA) and attended by members including all the Autonomous Communities, agreed to launch the CBPA Study Group.
This CBPA Study Group will have the support of MAPA's Observatory for the Sustainability of Irrigation (OSR), as a knowledge and technical support platform. To this end, a specific workspace has been created within the OSR, with restricted access for its members. https://observatorioregadio.gob.es/grupo-de-estudio-cbpa/
Given the powers of the Autonomous Communities, the CBPA Study Group will have with members of a competency-based nature. To this end, each will appoint a representative with a technical profile to participate in the technical working document until the generation of the final CBPA report.
In addition, the CBPA Study Group includes the participation of advisory members, To enrich this work with their contributions, with representation from farmers and the scientific and technical community, as well as from the Ministry for Ecological Transition and Demographic Challenge and from MAPA itself.
The OSR will draft a dynamic working document and manage the participatory process of collective construction with the members of the CBPA Study Group, culminating in a final report as a consensus-based technical framework for the CBPAs in the Autonomous Communities. This document will be based on a compilation of the current regional CBPAs, aiming to arrive at a series of recommendations tailored to Spanish agricultural conditions and systems.
The operation of this work will have two spaces. One, the one created in the OSR website This CBPA Study Group will be used to share the contributed materials and the technical development of the working document, and to manage the participatory process, both for members with expertise and those in advisory roles. The other group will operate through... meetings periodic meetings, in which all members will be invited to present progress reports.
The European Union publishes the Directive 91/676/EEC, dated December 12, 1991, a guide document of what a should contain Code of Good Agricultural Practices (CBPA), and which obliges Member States to develop it to prevent diffuse pollution of surface and groundwater, caused mainly by nitrates of agricultural and livestock origin.
It establishes the criteria for the identification of vulnerable areas, the issues that a CBPA must include, both mandatory and complementary, the importance of carrying out, when necessary, a program to promote implementation, with training and information for farmers, maximum limits of inputs that can be applied, preparation of action programs regarding the designated vulnerable areas and reports to be submitted to the European Union Commission.
At the national level, Spain publishes the Royal Decree 261/1996, of February 16, on “protection of waters against pollution caused by nitrates from agricultural sources”, which is a guide for the competent bodies of the Autonomous Communities to prepare their CBPA, which is voluntary for farmers.
Based on this requirement, each Autonomous Community has been publishing its CBPA, with different criteria, obligations, and complementary measures; the content of which is detailed below.
Despite this regulatory framework, surface and groundwater pollution continues to increase. And recently, Spain published the Royal Decree 47/2022, of January 18, which repeals the previous one, and provides new requirements; whose content is also included below.
Currently, the Autonomous Communities would develop new CBPA that meet current requirements, constituting in turn an opportunity for a joint exchange of knowledge and experience, which can support their development from the OSR.
On November 5, 2024, during the second plenary meeting of the National Irrigation Board, The members agreed to launch a study group on codes of good agricultural practices to prevent diffuse nitrate pollution in water.