Brussels, 12/09/2007 (Agence Europe) - The European Commission suspended its decision to bring France before the European Court of Justice for a second time in a case concerning the pollution by nitrates of drinking water abstraction points in Brittany - an infringement of Community legislation in Court case C-266/99 of 8 March 2001.
This reprieve will allow France to enter into full compliance with Community legislation and subsequently remove the spectre of financial sanctions, which under Article 228 of the Treaty, the Commission had cited at the European Court of Justice for non-implementation of the first ruling.
The fact that France has taken measures to implement its March 2007 action plan of action to ensure that nitrate concentrations of all remaining non-compliant drinking water abstraction points do not exceed 50 mg/l by the end of 2009, in accordance with the Surface Water Directive (the value limit was set out under Directive 75/440/EEC on surface water quality) explains the clemency shown by the Commission. The reprieve granted to France, however, is accompanied by strict scrutiny of the progress accomplished. The French authorities will be obliged to provide the Commission with quarterly reports on implementation of the water quality action plan.
In a press release, Stavros Dimas, the Commissioner in charge of the environment, welcomed the moves, saying: "I am very pleased that France has now adopted measures to execute the ruling of the European Court of Justice…We will monitor the effective implementation on the ground of the French action plan, but I am confident that the measures now taken, combined with a proactive response by farmers, should lay the basis for more sustainable agricultural practices in Brittany and long term compliance with EC legislation."
In 2001, the European Court of Justice ruled that France had breached Directive 75/440/EEC on the protection of water used for the production of drinking water on the basis that 37 water abstraction points in Brittany had nitrate concentrations in excess of 50 mg/l. This water quality standard had to be met from June 1987 onwards.
In 2007, France proposed an action plan to rectify the inefficiency of measures previously taken on the reduction of nitrate pollution from agricultural sources. However, as the plan was not adequately implemented and nine water abstraction points remained non-compliant, the Commission confirmed in June 2007 its decision to bring the case before the Court for a second time. It also foresaw to ask the judge to impose upon France the payment of a lump sum (over €28 million) and of a daily fine (over €117 000).
The threat bore fruit: France has subsequently adopted a regulatory framework, which shall impose, from 1st January 2008, a legally-binding reduction of 30% of nitrate inputs spread over land in the river basins of the nine water abstraction points concerned. In addition, France has now taken measures to ensure the closure at fixed dates in the future of four drinking water abstraction points. These measures should lead to a level that respects the value limits by 31st December 2009 in water abstraction points remaining open. France is also committed to control annually 50 % of all farmers who work in the river basins of the nine water abstraction points, to make sure that they implement all measures aimed at reducing pollution. In that respect, the French government has set up a permanent task force whose objective is to help farmers to find the most suitable solutions to adapt to the new measures. (an)