Brussels, 13/01/2000 (Agence Europe) - Continuing the proceedings it has initiated against the Member States that do not respect the "nitrates" directive, the Commission decided to:
- open infringement proceedings against Greece at the Court of Justice,
- send further "reasoned opinions" to Austria and Luxembourg.
The three Member States have not fulfilled the obligations set by the directive regarding "national action plans" for fighting nitrate pollution of waters, and Greece is also guilty of other shortcomings.
At present, infringement proceedings are open against twelve Member States. The attention being paid to this by the European Commission can be explained by the severity of the facts noted (in some regions, the disposal in waters of nitrates from farming activities is the first source of water pollution) and by the major consequences of such pollution. Mrs Margot Wallström, Environment Commissioner, declared: "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".
A press release from the spokesman's service recalls that the Council directive on nitrates (91/676/EEC) "aims to curb the introduction of excessive levels of nitrates into surface waters and groundwaters from agricultural fertilisers 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 were also obliged to adopt codes of good agricultural practice (…) a binding part of action programmes.
The Greek case concerns the failure to adopt codes of good agricultural practices and the 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 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 fertilisers can be spread and the spreading of fertilisers 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 Directives".