Nitrate pollution: Commission acts against the Netherlands

The European Commission is to apply to the European Court of Justice against the Netherlands for non-respect of the EU Nitrates Directive. The Dutch action programme is deficient in several ways. For example, the amount of livestock manure permitted under the Dutch legislation is not directly limited and fines for non-authorised losses of nitrogen into the environment are not dissuasive. There is no clear limitation of chemical fertilisation for each type of crop. The Commission also believes that additional measures introduced for grasslands on sandy soils are insufficient.

The Nitrates Directive - Council Directive of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC) aims to reduce and prevent pollution of surface waters and groundwater by nitrates from agricultural sources, particularly livestock manure and chemical fertilizers.

Excessive nitrate levels deteriorates water intended for the abstraction of drinking water, and therefore have adverse public health implications. They also cause undesirable changes in aquatic ecosystems, such as algal blooms.

The directive required Member States to establish action programmes on areas designated as vulnerable zones by 20 December 1995 in order to realize the objectives of Directive 91/676/EEC. The Netherlands established its action programme only in December 1997, and opted for application of its action programme throughout its territory.

However, this action programme shows deficiencies with regard to many important requirements of Directive 91/676/EEC.

The amount of livestock manure that is allowed to be applied to the land according to the Dutch legislation is not directly limited, as required, but indirectly controlled by accounting nitrogen inputs and outputs at farm level, with high authorized losses into the environment. The Commission is convinced that such high losses cannot avoid groundwater pollution by nitrates, and contribute to eutrophication problems of watercourses and particularly the North Sea. In addition levies (fines) for non-compliance with these authorised losses are not dissuasive.

There is no clear limitation of chemical fertilisation for each type of crop. The use of fertilizers in the Netherlands remains twice the average Northern Europe level, despite the excess of nitrogen available from livestock manure.

Moreover there is no legislation concerning the land application of fertilizers to steeply sloping ground. The 'buffer strips' to protect water courses from nutrient spreading are very narrow and no individual capacity of storage vessels for livestock manure is required. The legislation doesn't take sufficient account of climatic conditions and rainfall.

Finally in the opinion of the Commission additional measures for grasslands on sandy soils are insufficient to reach the goals of Directive 91/676/EEC.

The Commission sent a reasoned opinion to the Netherlands in August 1999. As a result of this the Dutch Minister of Agriculture has proposed an adaptation of the Dutch policy and legislation that may have far-reaching consequences for the agricultural sector in order to comply with the directive. The Commission welcomes the proposal as a promising step in the right direction, and has sought to facilitate progress by holding several meetings with the Dutch authorities. While these contacts still leave the main problems described above unresolved, they have confirmed that the Dutch authorities are aware of the scale of the challenge facing them and are also committed to change.

It is evident that the Netherlands does not comply with Directive 91/676/EEC at the moment, as the Dutch authorities themselves accept. Therefore the Commission has decided to make an application to the Court of Justice. The Commission has also decided to keep in touch with the Netherlands authorities in order to discuss the proposed Dutch policy.

Currently infringement proceedings are open against most Member States for non-compliance with the provisions of Directive 91/676/EEC.

Environment Commissioner Margot Wallström stated: "Soon after I was appointed Commissioner, I announced that protection of human health and protection of water quality were amongst my priorities. The 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".