Opinion of the Advocate General — ECLI:EU:C:2001:515
Date: 2001-10-04
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment 
Environment — Protection of waters against pollution caused by nitrates from agricul­
tural sources — Directive 91/676 — Implementation of action programmes in respect of 
vulnerable zones — Member States' obligation to limit the amount of livestock manure 
applied to the land each year — Criteria 
(Council Directive 91/676, Art. 5(4) and Annex III, point 2, first para.) 
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SUMMARY — CASE C-161/00 
The action programmes in respect of vul­
nerable zones referred to in Article 5(4) of 
Directive 91/676 concerning the protection 
of waters against pollution caused by 
nitrates from agricultural sources must 
contain measures which, as required by 
the first paragraph of point 2 of Annex III, 
limit the amount of livestock manure 
applied to the land each year per hectare. 
Given both the context and objectives of 
the directive, the decisive criterion which 
the directive lays down for limiting pollu­
tion by nitrates from agricultural sources is 
the amount of nitrogen applied to the land 
by spreading on its surface, by injection 
into the land, by placing below the surface 
of the land or by mixing with the surface 
layers of the land, and not the amount of 
nitrogen actually penetrating into the land. 
It follows that, in providing for the use of 
another criterion for calculating the maxi­
mum permissible amount of livestock 
manure to be applied each year per hectare, 
national rules are not in accordance with 
the directive. 
(see paras 36, 46-47) 
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