WRITTEN QUESTION P-3867/98

by Jan Lagendijk (V) to the Commission

(9 December 1998)

Subject: Refusal by the Netherlands to implement the Nitrates Directive

Is the Commission aware that the Netherlands Government decided in early December 1998 not to comply with the Nitrates Directive (91/676/EEC)(1), adopted in 1991 under the Netherlands Presidency? It appears from a letter to the Lower House of the Netherlands Parliament that the Government does not intend to comply with the provisions of the Nitrates Directive by 2002. Even by 2008 the Government does not intend to comply with the requirements of the directive, since it wishes to work on the basis of 2,5 cows per hectare. To comply with the Nitrates Directive the Swedish government has set the maximum number of cows per hectare at 1,6 and in Denmark the government has set a limit of 1,7 cows per hectare for 2003. Is it true that a limit of this order is necessary in order to comply with the Nitrates Directive? Does not the Commission consider that intensive livestock rearing in the Netherlands will thus obtain an unfair advantage over foreign competitors?

When does the Commission expect the infringement proceedings pursuant to Article 169 before the Court of Justice of the European Communities in Luxembourg to be completed? When does the Commission think it will be able to begin infringement proceedings pursuant to Article 171 against the Netherlands Government for failure to implement correctly the Nitrates Directive which it adopted itself? When does the Commission expect the Court of Justice will be in a position to rule on infringement proceedings against the Netherlands pursuant to Article 171 for failure to comply with the Nitrates Directive? Is there any chance of such a ruling by the year 2002? Is the Commission prepared to comply with the European Parliament's proposal to speed up considerably proceedings under Articles 169 and 171 against all Member States which fail to properly implement the Nitrates Directive? (McKenna Report, adopted by 446 votes to 44 with 13 abstentions on 20 October 1998)(2).

Answer given by Mrs Bjerregaard on behalf of the Commission

(8 February 1999)

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, the nitrates Directive, aims at a high level of environmental protection by reducing pollution from agricultural nitrates by means of the identification and designation of vulnerable zones where programmes and good agricultural practices code apply. This is necessary to ensure good quality drinking water, and to prevent nitrates from agriculture from damaging the environment by causing waters to become eutrophic. The Directive is obligatory in all Member States, although clearly it will have a greater impact on farmers in those Member States which have the greatest nitrate problem (due for example to high density of livestock production) of which the Netherlands is one.

As compliance with the nitrates Directive by Member States is one of the priorities of the Commission, it has started infringement cases against 12 Member States which do not comply with the Directive, including the Netherlands. The Commission is acting as fast as possible in each case. If the answer of the Netherlands to the Commission letter based on Article 169 of the EC Treaty is not satisfactory, the next step in the procedure is to send a reasoned opinion, which generally gives a Member State two months to comply. If the Member State does not comply, the Commission can bring the matter before the Court of justice. The time it takes for the Court of justice to reach a decision varies. If after a decision of the Court of justice, confirming that a Member State did not comply with the Directive, that Member State still does not take the appropriate measures, the Commission can start infringement proceedings based on Article 171 of the EC Treaty. The procedure based on Article 171 is similar to the procedure based on Article 169, with the important difference that the Court of justice can impose in its final decision a fine on a Member State for not complying with the previous judgement. The Commission is pleased with the McKenna report, which shows that the Parliament supports the Commission's approach to deal with the infringement cases efficiently.

Member States that do not comply with the nitrates Directive, could in principle gain a competitive advantage compared to Member States which do comply with the Directive. But even if that is the case, the only actual breach of Community legislation is related to the Directive, which is based on environmental considerations. With regard to the aspect of competitive advantage, it may be noted that when calculating the amount of the fine which the Commission may request the Court to impose on a Member State, it can take into account the eventual economic advantage which a Member State might gain and the distortion of competition which might occur due to the non-compliance.

(1) OJ L 375, 31.12.1991, p. 1.

(2) A4-0284/98.