WRITTEN QUESTION P-1725/99

by Jan Mulder (ELDR) to the Commission

(27 September 1999)

Subject: Implementing the nitrate directive

1. In its answer to my Question P-3176/98(1) on measuring the nitrate content of surface and ground water in the European Union, the Commission said that it would shortly be putting forward some practical proposals for this purpose. Can it say to what extent the proposals have taken shape?

2. Can the Commission say how far it is possible using these methods to establish whether the nitrate content of ground and surface water is caused by agriculture or industrial activities?

3. Can the Commission say whether the measurement methods take account of seasonal and climatic variations?

4. Can the Commission take the necessary steps to ensure that manure, and particularly dried manure (from poultry), is more freely marketable in the EU?

(1) OJ C 289, 11.10.1999, p. 25.

Answer given by Mrs Wallström on behalf of the Commission

(27 October 1999)

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(1) leaves the choice to Member States for precise sampling of their surface and ground water, only requiring that they must be representative of the quality of all national waters and indicating minimum frequencies. The Commission has however developed guidelines, the draft of which will be sent to the Honourable Member and to Parliament's Secretariat, in order to help harmonise the monitoring of waters, reporting on the evolution of their quality and on assessment of action programmes in vulnerable zones. The draft guidelines have been presented to Member States and will be examined at the next Nitrates Committee of 26 October 1999, before the year 2000 reporting exercise (end of 1st Action Programmes). Pages 4 to 6 and 13 to 14 of the monitoring guidelines give indications on surface and ground waters sampling.

The differentiation of whether Nitrogen (N) pollution arises from agricultural or industrial sources can be made in two ways. Firstly by evaluating inputs from the different sources in the water basin, with measurements at emission and models (cf. appendix 3 of the guideline, and OSPAR Harp guidelines for industrial pollution, and nitrogen retention in soil and water cycle), and secondly with the help of isotopic analysis (N15/N14 rate is different in organic N from human or animal origin, and in chemical N from fertilisers and factories, cf. page 10 of the guideline).

Exceptional climatic conditions such as drought and wet summers effectively influence nitrates leaching in sub soil or run off, and water quality. For that reason, it is proposed to study the evolution of nitrates in water at some representative points not only during one year in every four years (minimum required by the directive), but also through permanent monitoring (each month for surface water, twice a year for ground waters), in order to appreciate evolution on four year average values, with possible extrapolation to other sampling points (see pages 5-6 of reporting guidelines). In any case, action programmes should ensure enough precautionary measures (such as large manure storage, winter cover of soils, moderate fertilisation, buffer zones) to avoid major adverse effects of difficult climatic conditions in vulnerable zones.

The circulation of poultry and other livestock manure is restricted by Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC(2) and Commission Decision 96/103(3). They are organic waste with hygienic and toxicologic potential problems, and cannot circulate within the Community, or outside, without guarantees for environment, animal and human health. This circulation is possible only after appropriate treatment and quality controls (chemical and micro biological parameters). The Commission is not aware of particular limitations in the trading of this product resulting from the implementation of the above legislation. The Commission would welcome any additional information from the Honourable Member about any trade problems experienced by individuals in compliance with these criteria.

In addition, the shipment of poultry and other livestock manure is governed by Council Regulation 259/93(4) on the supervision and control of waste shipments based on the principle of prior informed consent.

(1) OJ L 375, 31.12.1991.

(2) OJ L 62, 15.3.1993.

(3) OJ L 24, 31.1.1996.

(4) OJ L 30, 6.2.1993.