In line with an EU directive, which aims to improve standards of environmental protection across the bloc, the Scottish government unveiled new rules to tackle nitrate pollution in vulnerable bodies of water last week.

On 9th January, the Scottish government announced it would step up its Action Programme for Nitrate Vulnerable Zones (NVZs), following a consultation on the subject. The Scottish government said, "The European Directive requires Member States to have an action programme on NVZs to protect groundwater and surface water from nitrate pollution from farming activities, and these are expected to be toughened over time."

The key amendments under the NVZ Action Programme reforms are:

• Extending the closed period (when manure with a high nitrogen content may not be spread) by two weeks on heavier soils (soils that are not sandy or shallow), effective from October 1, 2013 for arable land and October 15, 2013 for grassland
• Increasing the livestock manure nitrogen efficiency standard values used in calculating available nitrogen with effect from January 1, 2014
• Reducing the time for which records need to be kept from five to three years
• An increased individual field allowance in any 12 month period where compost is applied

Upon the programme's release, Rural Affairs Secretary Richard Lochhead said, "It's vital that we protect our magnificent countryside and water quality from the adverse effects of pollution – for biodiversity, our water dependent industries, and the benefit to Scotland's people. We have taken this opportunity to ensure the rules are proportionate, clear and effective. I hope farmers will find this clarification – and, in some cases, relaxation of the rules – welcome.

"I know the wet weather has caused slurry storage and spreading problems for some farmers within Nitrate Vulnerable Zones. A small number of farmers have found themselves in this position and they have worked with local area office staff to find alternative solutions."

In March last year, officials from the Scottish Environment Protection Agency (SEPA) warned that diffuse pollution was becoming a serious problem in several key areas of Scotland. SEPA launched a project in early 2012 aimed at tackling the issue of diffuse pollution from agricultural runoff.

Nevertheless, although the Rural Affairs secretary suggested last Wednesday that some reforms would amount to greater leniency in certain cases, stating "I hope farmers will find this clarification – and, in some cases, relaxation of the rules – welcome," Farming groups in Scotland have balked at the reforms.

In an attempt to appease the industry lobby, the Scottish government said the extension of the closed period will now fall in the 2013/14 season, allowing farmers to plan ahead, and the increase in nitrogen efficiency for cattle and pig slurry will be delayed to 2014. This is despite the fact that Scotland's increased efficiency levels remain amongst the lowest in Europe

Even so, on Friday 9th January, NFU Scotland said it had "serious concerns" about the Scottish Government's intended amendments. NFUS lobbyists said any environmental gain from the new measures would be minimal compared to the extent to which it would hamper farming operations.

The union objected to the extension of the closed period by two weeks on heavier soils for arable and grassland (which will take effect in October 2013) and moves to increase livestock manure efficiency.

NFU Scotland's Vice-President Allan Bowie, who farms in the NVZ area of Fife, claimed government evidence used to justify some of its proposed changes is only applicable to England and Wales. He said, "Of course we have to accept the requirement for each Member State to have a Nitrates Action Plan, however, the EU regulations do not require the Plan to be strengthened, only reviewed to ensure it is still fit for purpose, which it is. While the EU pushes for tighter regulation on nitrates, the Scottish Government must defend Scotland's good record in this area robustly, otherwise the Programme will deliver neither for water quality nor for our farmers."