A4-0284/98

Resolution on the Commission reports on the implementation of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources and on measures taken pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources - summary of reports submitted to the Commission by Member States under Article 11 (COM(97)0473 - C4-0040/98 - COM(98)0016)

The European Parliament,

- having regard to Article 130r of the EC Treaty,

- having regard to the proposal for a European Parliament and Council Decision on an action programme for integrated groundwater protection and management ((OJ C 355, 25.11.1996, p. 1.)),

- having regard to the Commission's report to the Council and the European Parliament on the implementation of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (COM(97)0473 - C4-0040/98),

- having regard to the Commission's report to the Council and the European Parliament on measures taken pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources - summary of reports submitted to the Commission by Member States under Article 11 (COM(98)0016),

- having regard to Court of Auditors' Special Report No 3/98 concerning the implementation by the Commission of EU policy and action as regards water pollution,

- having regard to the report of the Committee on the Environment, Public Health and Consumer Protection and the opinion of the Committee on Agriculture and Rural Development (A4-0284/98),

A. welcoming both Commission reports,

B. regretting that, at the date of notification of the first action programme - due on 20 December 1995 - only Luxembourg had handed in its action programme,

C. whereas in 1995, at the beginning of the first action programme, the health limit of 50 mg/l nitrate was exceeded in 22% of the agricultural area in Europe,

D. whereas in 1998, near the end of the first action programme, the health limit of nitrate in groundwater is exceeded significantly in 11 of the 15 Member States,

E. whereas the eutrophication limit is exceeded in practically all Member States; whereas eutrophication is in some cases very severe,

F. shocked by the lack of progress in addressing the problems of nitrate pollution in most Member States,

G. whereas there is an urgent need to implement awareness and information programmes on nitrates aimed at farmers; whereas effective implementation of Directive 91/676/EEC will depend in particular on real awareness on the part of the main parties concerned,

H. concerned by the lack of progress concerning the implementation of the nitrates directive,

I. whereas the abovementioned proposal for a Decision on an action programme for integrated groundwater protection and management pinpoints nitrates as one of the main causes of groundwater pollution,

J. whereas inadequate implementation in the Member States results in unfair competition,

K. whereas this Directive could improve not only water and air quality but also animal welfare, to the extent that fewer animals are kept per hectare,

L. whereas special efforts must be made to investigate the non-agricultural sources of pollution of water by nitrates so that farmers do not feel that they are unfairly being required to pay; whereas despite the difficulties involved, the designation of vulnerable areas should be made with the greatest possible accuracy by the Member States so that in this case too farmers do not have the impression that they are unfairly having to bear the costs,

M. whereas the technical back-up for farmers needs to be strengthened, for example by drawing up manure-spreading plans or soil analysis; whereas methods for converting livestock manures - biogas, composting, etc. - should also be further developed and encouraged,

1. Calls on the Member States concerned to implement the nitrates directive of 1991 fully and swiftly;

2. Calls on the Commission, in view of the Member States' unacceptable failure to act, to reflect on the advisability of using national action programmes as a means of solving the problem;

3. Calls upon the Commission and the Member States to achieve the objectives concerning eutrophication as set out in the framework of the OSPAR convention;

4. Calls on the Commission to speed up considerably the infringement procedures under Articles 169 and 171 of the Treaty against those Member States that do not implement or inadequately implement the nitrates directive;

5. Stresses the need for greater transparency and a more detailed approach in the Commission's reports, which should specify the progress still to be made by each country, and notes, in view of the non-implementation of the Directive in thirteen Member States, that their sense of right and wrong is inadequate as regards European jurisdiction; calls on the Commission to adopt measures which take account of this situation and, in relation to environmental and consumer protection in particular, to guarantee the consistent transposition of Community legislation, as only in this way will it be possible to ensure the positive cooperation of farmers and avoid distortions of competition caused by the differing levies which still exist;

6. Believes that Member States should respect the 'polluter pays¨ principle when considering solutions for nitrate problems;

7. Calls on the Commission to resolve the contradiction that exists between the dispersal of ERDF funding and the Commission's objectives as regards water quality, as noted in point 37 of the Court of Auditors' Special Report concerning implementation of Directive 91/676/EEC (nitrates directive);

8. Requests the Commission to come forward with a communication outlining promising and effective solutions for nitrate problems;

9. Calls on the Commission to make compliance with the code of good agricultural practice mandatory and to regard it as essential for ensuring a basic level of environmental quality;

10. Calls on the Commission to draw up specific requirements regarding the setting aside of protected areas;

11. Supports the idea of reducing the number of animals to a maximum number per hectare as a structural measure;

12. Advocates that the horizontal measures to promote environmental protection in farming (interaction between market-related direct payments and environmental levies) proposed by the Commission in the context of Agenda 2000 be made binding, especially with regard to nitrate pollution;

13. Advocates the promotion of energy production at small-scale biogas plants;

14. Asks the Commission to publish every year a report to the Council and European Parliament on the implementation of the nitrates Directive 91/676/EEC;

15. Instructs its President to forward this resolution to the Commission, the Council and the parliaments of the Member States.