Opinion of the Advocate General — ECLI:EU:C:2003:379
Date: 2003-06-26
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Pollution
Procedure: Action for failure to fulfil obligations - successful
Origin: Ireland

Summary of the Judgment Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Identification of waters affected by pollution or waters which could be affected by pollution – Member States’ obligations – Scope (Council Directive 91/676, Arts 3(1), and 5, paras A(1), (2) and (3) of Annex I) Pursuant to Article 3(1) of Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources, read in conjunction with paragraphs A(1) and A(2) of Annex I thereto, the Member States are obliged to identify as waters affected by pollution, or as waters which could be affected by pollution, not only waters intended for human consumption but also all surface freshwaters and groundwaters which have or could have a nitrate concentration in excess of 50 mg/l. Moreover, pursuant to the same article, in conjunction with paragraph A(3) of Annex I to Directive 91/676, Member States are required to identify eutrophic freshwaters or freshwaters at risk of eutrophication in the near future if action pursuant to Article 5 of the directive is not taken. (see paras 25, 43)