Brussels, 05/11/2001 (Agence Europe) - The European Commission has decided to send the United Kingdom a letter of formal notice for failure to take the necessary measures to comply with judgements of the Court of Justice regarding the December 2000 Nitrates Directive (91/676/EEC, concerning the United Kingdom's failure properly and comprehensively to identify ground waters and surface freshwaters affected by nitrate pollution. The Nitrates Directive requires Member States to designate "vulnerable zones" (i.e. zones which contribute to pollution) and establish action programmes for these zones that must include the measures prescribed in the codes of good agricultural practice (laid down in the Directive) and measures to limit the spreading on land of any fertiliser containing nitrogen and to set limits for the spreading of livestock effluent. Member States have the option of applying these action programmes on a nation-wide basis instead of designating specific vulnerable zones.
On 7 December 2000, the European Court of Justice criticised the United Kingdom for failing to identify its nitrate-polluted waters and to designate nitrate vulnerable zones in accordance with the Directive. London had chosen to omit nitrate-polluted ground waters and surface freshwaters that are not used for the abstraction of drinking water. The areas identified by the United Kingdom for clean-up operations under the Directive were, therefore, extremely limited. Since the judgement, the United Kingdom has confirmed that additional areas have been identified in England and are in the process of being designated as nitrate vulnerable zones. This could lead to about 80% of England being designated. The identification of additional areas is also underway in Wales and Scotland, but the process is less advanced than it is in England. Some questions also remain about the identification and designation of nitrate vulnerable zones in Northern Ireland. The Commission's Letter of Formal Notice will remind the United Kingdom of its obligation to complete the identification of all its nitrate-polluted waters. Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.