26. 6. 89 Official Journal of the European Communities No C 159/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive concerning the protection of fresh, coastal 
and marine waters against pollution caused by nitrates from diffuse sources (*) 
(89/C 159/01) 
On 17 January 1989 the Council decided to consult the Economic and Social Committee, 
under Article 130 S of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, which 
was responsible for preparing the Committee's work on the subject, adopted its Opinion on 
4 April 1989 (rapporteur: Mr Sai'u). 
At its 265th plenary session (meeting of 26 April 1989) the Economic and Social Committee 
adopted by a large majority, with 3 votes against and 3 abstentions, the following Opinion. 
1. Introduction 
1.1. The rise in nitrate levels in Community waters 
poses two major environmental problems: (a) the safety 
of drinking water supplies, (b) the eutrophication of 
coastal and inland waters. 
1.2. The two main diffuse sources of nitrates are 
agriculture and municipal waste water discharges. 
Nitrate pollution from agricultural sources is caused by 
certain land and crop management practices and the 
excessive or inappropriate use of chemical fertilizers 
and manures. 
1.3. The Commission is proposing measures to con­
trol the discharge of nitrates into the aquatic environ­
ment. Member States wil have to identify vulnerable 
areas, i.e. those most affected by nitrate pollution, 
where action is required. Such measures include EC 
limits on quantities of animal manure applied to the 
land, national limits on the amount of chemical fertili­
zers used, the establishment of land management prac­
tices and limits on the nitrate content of municipal 
waste-water discharges. 
(!) OJ No C 54, 3. 3. 1989, p. 4. 1.4. The implementation of this Directive may 
impose a financial burden on some farmers in regions 
where soil nitrate content is already high for historical 
reasons. In this context, the Commission recalls its 
recent communication on environment and agriculture, 
in which it states that Member States should inter 
alia be allowed to include in their programmes the 
appropriate 'technical and/or financial assistance to 
help farmers adapt to the new agro-economic context'. 
2. General comments 
2.1. Nitrate concentrations in some areas have 
reached or even exceeded the 50 mg nitrate/litre limit 
for drinking water set by Directive 80/778/EEC. The 
Commission has therefore drafted a new Directive 
(COM(88) 708 final) which the Committee approves, 
on condition that its general and specific comments, 
particularly those concerning manure, are taken into 
account. 
2.2. The Commission's plans for the introduction 
of Community measures on manure application are 
acceptable provided that the guidelines set out by the 
Commission are adjusted in line with the heterogeneous 
climatic and soil conditions in the different regions of 
the Community. Responsibility for limits on the amount 
of chemical fertilizers used, land management practices 
No C 159/2 Official Journal of the European Communities 26. 6. 89 
and limits on the nitrate content of municipal waste­
water lies, however, with the national authorities. 
2.3. The new Directive will only be effective in terms 
of drafting an application if (a) agriculture, industry 
and local communities are all made aware of the prob­
lem and genuinely involved in finding a solution, and 
(b) the general public is regularly informed about 
changes in the quality of drinking water supplies and 
the nitrate content of municipal waste-water discharges. 
2.4. In many remote, rural communities, it is some­
times difficult to achieve the recommended nitrate level 
of 44 mg/1 necessary to avoid the risk of methaemoglo-
binaemia; this is particularly true of small, private 
springs. Programmes to set up mains drinking water 
supply networks in vulnerable areas should therefore 
be encouraged. 
2.5. The way in which vulnerable areas are defined 
and demarcated could have a considerable impact of 
farm incomes in these areas. Member States should 
therefore consult with each other before making any 
decisions, in order to avoid introducing disparate meas­
ures which would create distortions in competition 
between farmers in neighbouring countries. 
2.6. The matter of animal manure production, its 
storage and the specific periods when it can be applied 
to the land should be carefully reviewed, as should pre-
treatment by methanation which is designed to make 
storage more financially viable, particularly in the con­
text of the Valoren programme. 
2.7. The various requirements of different crops, 
levels of nitrate pollution in water, different types of soil 
and their consequently different capacities for nitrate 
production in line with their physical and biological 
composition, and different types of climate resulting 
from solar radiation, are all elements which call for a 
more rational application of chemical fertilizers and 
manure in farming. 
For this purpose, the Member States should be rec­
ommended to implement programmes encouraging a 
more rational application of fertilizers, taking into 
account systematic analyses of soil conditions and the 
use of other techniques. 
2.8. The Committee suggests that Member States set 
up such suitable programmes to be run by official 
institutions, or by private organizations which have 
concluded agreements with the State. 
2.9. Permission for land application of manure in 
vulnerable areas should only be granted if the manure has first been tested for its fertilizer content, particularly 
inorganic nitrates. 
2.10. As penalties do not constitute effective deter­
rents, the Directive should comprise recommendations 
to Member States regarding the role of the programmes 
in informing, advising and assisting both producers and 
users of manure and fertilizers, thus ensuring maximum 
impact in a short space of time. 
2.11. The definition of the periods when land appli­
cation of manure is not permitted should be sup­
plemented by a definition of 'recommended' periods 
for application; this should take account of optimum 
conditions for reducing pollution risks. When it is not 
possible to apply manure during these periods out of 
consideration for tourist requirements, Member States 
should provide for compensation. 
2.12. Conditions for the application of livestock 
manure and fertilizers must be taken into consideration 
when other agricultural measures such as land set-aside 
are implemented. 
2.13. Given the paramount importance of upgrading 
the environment, the provisions of Annex 3 should be 
viewed as essential requirements. For this reason Article 
4(3) should be mandatory, as well as Articles 4(1) and 
4(2). 
3. Specific comments 
3.1. Article 2(d) 
The Committee is surprised that the possibility of vary­
ing the number of animals according to the amount of 
nitrate produced by their manure, or by other manure 
considered in this proposal, has not been explored. 
The composition of animal manure is, in fact, extremely 
heterogeneous, due inter alia to the different feeding 
habits of different animals. 
For the purposes of Article 2(d), it is the surface over 
which the manure is applied, and not the number of 
animals on the holding, which indicates the actual 
number of livestock producing manure. For this reason, 
the term 'livestock' cannot be confined to animals kept 
for use or profit, but must also cover domestic animals 
and animals used for leisure or educational activities 
(pets, zoo and wild-life park animals). 
3.2. Article 2 (h) 
Discharge of waste into ditches or adjacent waterways 
cannot be considered as 'land application', because it is 
26. 6. 89 Official Journal of the European Communities No C 159/3 
likely to cause pollution without being of any economic 
benefit, as set out under the fourth recital. 
Discharges into ditches should be banned and the waste 
should be monitored and undergo special purification 
treatment. 
3.3. Article 4(1) (a) 
Particularly in vulnerable areas, the amount of waste 
cannot be calculated without first ascertaining the type 
of soil involved, the content of the waste and the 
number of animals in the area under study. It is there­
fore of prime importance to establish how many ani­
mals are on that area of land. Article 4(1) (a) should 
consequently be amended to take account of this. 
3.4. The Committee is of the view that Articles 6, 7 
and 8 should only cover technical requirements which 
Done at Brussels, 26 April 1989. 
1. General comments 
The Committee fully approves the proposed phasing-
out of imperial units. It is necessary to take account of 
(i) OJNoC31,7. 2. 1989, p. 7. are not likely to alter the scope of this Directive or to 
have serious economic consequences for the Member 
States. 
3.5. The reports drawn up under Article 10 should 
be forwarded to the Economic and Social Committee. 
3.6. Annex 2 
Horses should be added to the list of animals, while 
other ruminants used for leisure activities (zoo and 
wild-life park animals, etc.) such as fallow deer, roe 
deer and stags, should be included in the category of 
young stock and beef cattle. 
3.7. Annex 3 
Techniques such as lagooning and the use of bacteria 
and enzymes should be added to the list of measures. 
national customs which often date back a long time; 
any changes will pose problems for people of all ages 
but especially the elderly. 
1.1. The extension of the provisions to 1994 or 1999 
si therefore justified. The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Directive amending Directive 80/181/EEC on the 
approximation of the laws of the Member States relating to units of measurement (!) 
(89/C 159/02) 
On 16 January 1989, the Council decided to consult the Economic and Social Committee, 
under Article 100 A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 5 April 1989. The rapporteur 
was Mr Proumens. 
At its 265th plenary session (meeting of 26 April 1989) the Economic and Social Committee 
adopted the following Opinion unanimously.