Water pollution by nitrates: Commission takes further legal steps against Greece, Austria and Luxembourg

The European Commission has decided to make an application to the European Court of Justice against Greece and to notify a Supplementary Reasoned Opinion to Austria and Luxembourg for non-respect of the European Union (EU) Nitrates Directive. The three member states have failed to reflect all the Directive's requirements in relation to national action plans to fight nitrate pollution of waters. The Greek case also concerns other deficiencies.

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 waste. 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.

The Greek case concerns the failure to adopt codes of good agricultural practices and action programme required by the Directive. In addition, their monitoring programme for fresh waters seems to be insufficient. Therefore, and despite improvements such as the designation of four vulnerable zones by a new decision (ministerial decision 19652/1906 of 5 August 1999), the Commission has decided to make an application to the Court.

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). In addition, Luxembourg insufficiently monitors its waters and its first implementation report was inadequate.

The law which was recently adopted as legal basis for the Austrian nitrate action programme ("Wasserrechtsgesetznovelle 1999") is not entirely satisfactory since it is rather vague and unclear. In particular the text fails to identify clearly who are to comply with it and the specific content of the duties set out in the law does not seem to accord entirely with the requirements of the Nitrates Directive.

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.

Welcoming the decisions taken, Environment Commissioner Margot Wallström said: "Soon after I was appointed Commissioner, I announced that protection of human health and protection of water quality were amongst my priorities. File Nitrates Directive is essential in this respect. The Commission is determined to take the necessary steps to ensure that Member States fully comply with it".