Press Release from The European Commission DG XI, Environment, Nuclear Safety and Civil Protection,
date : 2nd July 1999

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Water pollution by nitrates: Commission takes further steps against several Member States

Brussels, 2nd July 1999

Water pollution by nitrates: Commission takes further steps against several Member States

The European Commission has decided to make an application to the European Court of Justice against Germany and Luxembourg and to notify a Reasoned Opinion to France, Belgium and the Netherlands for non-respect of the European Union's (EU) Nitrates Directive.

The Nitrates Directive (Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources) aims to curb the introduction of excessive levels of nitrates into surface waters and groundwaters from agricultural fertilizers and wastes. Excessive nitrate levels cause undesirable ecological changes in water and are a factor in harmful algal blooms. They also have adverse public health implications.

The directive required Member States to carry out monitoring of surface waters and groundwater, identify nitrate-polluted waters, and designate vulnerable zones (i.e. zones draining into nitrate-polluted waters) by 20 December 1993. Action programmes for such zones were required to be established by 20 December 1995 in order to control nitrate pollution from agricultural sources. Member States have the option of applying these action programmes throughout their territory. Member States were also obliged to adopt codes of good agricultural practice; these are a binding part of action programmes.

While Germany applies an action programme for nitrate throughout its territory, this programme has a number of weaknesses. In several Lander, there are inadequate rules for the maximum storage capacity of livestock manure. Moreover, Germany fails to ensure that the maximum quantities of fertiliser that can be applied to land each year are calculated in accordance with the directive, thereby allowing larger quantities to be applied to land than are allowed in the directive.

Like Germany, the Netherlands applies an action programme for nitrate throughout its territory. However, this action programme fails to comply with the directive on many points. The main problem is that the Dutch action programme does not set binding limits for the application of manure to land. This requirement is one of the key elements of the Directive, and the Commission considers that it must be strictly respected. In addition, the action programme does not contain appropriate rules relating to the capacity of storage vessels for livestock manure; the limitation of land application of fertilizers which take account of climatic conditions, rainfall and irrigation; periods when the land application of chemical fertilizers is inappropriate; and the land application of fertilizers near water courses.

France has not chosen to apply the directive throughout its territory, instead opting to designate specific vulnerable zones. However, the Commission considers that France has failed to identify nitrate-polluted waters (on which vulnerable zones are based) in accordance with the criteria set down in the directive. As a consequence, there are manifest gaps in relation to metropolitan France and no vulnerable zones have been designated in the overseas departments.

There are several deficiencies in Luxembourg's nitrate action programme (for example, in relation to periods when fertilizers can be spread and the spreading of fertilizers near water courses). Moreover, the country has no monitoring programme and its first implementation report was inadequate.

The case against Belgium stems from the investigation of a complaint concerning implementation of the directive. Like France, Belgium has opted to designate specific vulnerable zones but without respecting the criteria of the directive, thus omitting waters which should be identified as nitrate-polluted. In addition, action programmes are incomplete Flanders and absent for Brussels and Wallonia, there is an inadequate monitoring system and Belgium's first implementation report was unsatisfactory.

The decisions taken reflect the widespread gaps in implementation of this key directive, while at the same time marking the Commission's continuing determination to achieve improvements across the EU.

Currently infringement proceedings are open against 12 member states for non-compliance with the provisions of the Nitrates Directive.