Brussels, 01/08/2001 (Agence Europe) - The Commission has decided to start or pursue infringement proceedings against several Member States who are not respecting community legislation on the pollution of waters by nitrates (directive 91/676/CEE on the protection of waters against pollution by nitrates from farming sources). The details are as follows:
Spain will receive a formal letter of warning (first stage of the proceedings under article 228 of the Treaty) for not having carried out a decree by the Court of Justice (case 5-1998/274) commanding it to transfer to the Commission programmes aiming to reduce pollution in a certain number of vulnerable zones. These programmes are missing for Castille-Leon, Andalusia, Valencia and the Balearic islands.
Belgium will be brought before the Court of justice (third stage of the proceedings under article 226 of the Treaty) for a similar shortcoming and for the inadequacy of its anti-pollution programmes - gaps which it has not filled in spite of a reasoned opinion dated 13 April 2000.
Irland will be brought before the Court of justice for not having designated any «vulnerable zone » and for not having adopted any action plan in this area, although numerous internal and coastal waters are suffering from growing eutrophication.
Portugal will receive a reasoned opinion (second stage in the proceedings under article 226) for having designated an insufficient number of vulnerable zones: only three where there should be 22 others, notably huge irrigated areas in the Algarve or the region of Setubal. The situation has not changed despite the fact that a formal letter of warning was sent on 20 October 2000.
Directive 91.676/ EC aims to prevent the excessive concentration of nitrates from farming fertilisers and waste in surface water and subterranean water so as to avoid undesirable environmental changes and the harmful proliferation of algae, and makes Member States responsible for monitoring the waters, detecting water polluted by nitrates and designating (before December 1993) vulnerable zones. Action plans for these zones were to be adopted by December 1995. Member States were given the option to adopt action plans for the whole of their territory.