Case C-322/00





Commission of the European Communities

v

Kingdom of the Netherlands





«(Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Article 5(4) and (5), paragraphs A(1), (2), (4) and (6) of Annex II and paragraph 1(2) and (3) and paragraph 2 of Annex III – Capacity of storage vessels for livestock manure – Limitation of the land application of fertilisers based on a balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation – Ensuring that the amount of livestock manure applied to land each year does not exceed a specified amount per hectare – Provisions contained in a code of good agricultural practice and covering periods, conditions and procedures for the land application of fertilisers – Obligation to adopt any additional measures or reinforced actions necessary)»

Opinion of Advocate General Léger delivered on 7 November 2002 I - 0000

Judgment of the Court (Sixth Chamber), 2 October 2003 I - 0000

Summary of the Judgment

1.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Obligation of Member States to limit the amount of livestock manure applied to land each year – Obligation of Member States to adopt binding provisions concerning livestock manure storage capacity – Possibility of derogation – None – Member States allowed to authorise certain farms to depart from the minimum standard set by those provisions – Condition – Disposal, in a manner which will not cause harm to the environment, of manure which cannot be stocked – Burden of proof

(Council Directive 91/676, Art. 5(4)(a) and Annex III, point 1(2))

2.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Mandatory measures for limiting the land application of fertilisers – Requirement as to maximum amounts of fertiliser which may not be exceeded – Need to adopt use standards – Inadequacy of loss standards introduced by a national system

(Council Directive 91/676, Arts 2 and 5(4)(a), and Annex III, points 1(3) and (2))

3.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Mandatory measures for limiting the land application of fertilisers – Taking into account of the balance between the foreseeable nitrogen requirements of crops and the nitrogen supply to crops from the soil and from fertilisation – Obligation of Member States to take into account both the supply of nitrogen from net mineralisation of reserves of organic nitrogen in the soil and all nitrogen inputs and outputs

(Council Directive 91/676, Art. 5(4)(a), and Annex III, point 1(3)(ii), second indent)

4.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Mandatory measures for limiting the land application of fertilisers – Requirement as to maximum amounts of fertiliser which may not be exceeded – Need to adopt use standards – Farms subject to making a declaration – Inadequacy of a system imposing loss standards – Farms exempt from making a declaration – Obligation of Member States to demonstrate the use of a permissible conversion method

(Council Directive 91/676, Art. 5(4) and Annex III, points 1(3) and 2, first subpara.)

5.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Mandatory measures for limiting the land application of fertilisers – Requirement as to maximum amounts of fertiliser which may not be exceeded – Application by a Member State seeking to obtain a derogation – Justification – Objective criteria – Commission's discretion

(Council Directive 91/676, Art. 9 and Annex III, point 2 subpara. 2(b))

6.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Obligation of Member States to establish codes of good agricultural practice and to adopt provisions relating thereto which are subject to the condition that they be relevant – Objective criteria

(Council Directive 91/676, Arts 2(e) and (f), 4(1)(a) and 5 and Annex II A(1))

7.. Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Implementation of action programmes applying to vulnerable zones – Obligation of Member States to take all additional measures necessary for the purpose of achieving the objective laid down by the Directive – Obligation to implement them at the outset of the first action programme or at the time when they are first found to be necessary

(Council Directive 91/676, Arts 1 and 5(4) and (5))

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