Commission requests Austria to comply with laws on nitrates and water pollution

Brussels, 19 July 2002

The European Commission has acted to safeguard the environment by sending Austria a formal request to strengthen its measures to combat water pollution by nitrates from agricultural sources, in compliance with the EU's Nitrates Directive. The Directive aims to tighten controls on the use of nitrate fertilisers and the disposal of animal waste to avoid high nitrate levels in drinking water, and to help curb harmful plant growth in water bodies. Austria's non-compliance increases the risks of nitrates from agriculture causing or contributing to water pollution. Citizens will not therefore get the guarantee of better protection of water resources that the Directive promises. The request to Austria takes the form of a "Reasoned Opinion", the second stage of infringement procedures under Article 226 of the EC Treaty. In the absence of a satisfactory response within two months, the Commission may refer the case to the Court of Justice.

Commenting on the decision, Margot Wallström, the Environment Commissioner, said: "The Nitrates Directive is a crucial instrument for safeguarding the quality of the Community's water resources. It is essential that all Member States, including Austria, adhere fully to its requirements. There is no point in countries agreeing to EU laws if they won't abide by them."

The decision to send Austria a Reasoned Opinion follows the Commission's close examination of Austria's action programme under the Nitrates Directive. Austria treats all of its territory as 'vulnerable' under the Directive, so the Austrian action programme applies throughout the country. Many weaknesses are evident in the programme. Mountain areas have been exempted from important obligations. The required minimum storage capacity for animal wastes, currently ten weeks' worth, is much too short. Rules on the land application of fertilisers to steeply sloping ground and water-saturated, snow-covered or frozen ground are not sufficiently stringent. Although there have been constructive discussions with the Austrian authorities, and although a draft revised programme has been prepared which represents a considerable improvement on the existing programme, Austria has still not adopted and communicated the necessary measures to comply with the Directive.

Protecting Europe's water: Nitrates

The Nitrates Directive⁽¹⁾ aims to prevent the introduction into surface waters and ground waters of excessive levels of nitrates from agricultural fertilisers and agricultural waste. Excessive nitrate levels cause undesirable ecological changes in water and are a factor in the proliferation of harmful algal blooms. They also adversely affect public health. The Directive requires Member States to designate vulnerable zones (i.e. agricultural zones that include nitrate-polluted waters or could contain such waters if action is not taken) and to prepare action programmes for these. Action programmes must meet requirements set out in the Directive.

The Commission has already taken action against many other Member States for non-compliance with the Directive. Several cases have been decided by or are currently pending before the European Court of Justice

For current statistics on infringements against all Member States see:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions

^{(1) Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources}