Water pollution by nitrates: Commission moves against Finland

The European Commission has decided to send a second warning letter (reasoned opinion) to Finland for non-respect of the European Union's Nitrates Directive. Finnish rules are not sufficiently strict in relation to storage capacity for animal manure, the periods of prohibition on land spreading, and the restrictions on land application of fertilizers do not go far enough to avoid nitrate pollution. The decision is the latest in the Commission's ongoing concerted efforts to reduce water pollution by nitrates from agriculture across the Union. Most Member States are also the subject of legal action by the Commission.

Commenting on the decision, Environment Commissioner Margot Wallstrom, the Commissioner responsible commented: "While in many respects Finland has already responded positively to the Nitrates Directive, I would urge the Finnish authorities to take the extra steps necessary to bring Finland into line with the Directive. This will help better safeguard Finland's valuable water resources."

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 groundwater 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 December 1993. Action programmes for such zones were required to be established by December 1995 (December 1999 in the case of Finland) in order to control nitrate pollution from agricultural sources. Member States have the option of applying these action programmes throughout their territory.

Finland has chosen to apply the Nitrates Directive throughout its territory, which means that action programmes have to cover all of the country. However, there remain weaknesses in the Finnish legislation in relation to the content of the action programmes.

Following a first warning letter notified in April 2000, Finland has sent new draft legislation aimed at introducing more stringent provisions. Nonetheless, the Commission has decided to proceed to a second warning letter on the basis that the period of prohibition on spreading manure needs to be significantly longer than that applied in Finland, that the manure storage capacity must exceed that required for storage throughout that longest period, and that the present restrictions on land application of fertilizers do not go far enough to prevent water pollution.