WRITTEN QUESTION E-0738/00

by Joan Colom i Naval (PSE) to the Commission

(17 March 2000)

Subject: Application of Directives 91/676/EEC and 96/61/EC in Catalonia

Competence in the areas of the environment, agriculture and health has been transferred to the Autonomous Community of Catalonia (Spain), which is thus responsible for implementing Directive 91/676/EEC(1) concerning the protection of waters against pollution caused by nitrates from agricultural sources and Directive 96/61/EC(2) concerning integrated pollution prevention and control.

In this context the Ter Protection Group (Torroella de Montgrí, Gerona) has detected an increase in pollution levels in the Baix Ter aquifer at the lowest point of the river, shortly before it flows into the Mediterranean. That pollution is caused by various substances, including a high concentration of nitrates. The aquifer plays a vital role in supplying drinking water to the Baix Ter area, given that much of its flow is diverted before it reaches the area in order to supply water to the city of Barcelona and for other industrial uses, with the result that only a relatively small amount of water is left, particularly in summer, in which all the pollution accumulated further upstream is concentrated.

Despite the Catalan administration's delay in designating vulnerable areas (decree 283/1998), much of the Baix Ter area has been classed as vulnerable and is therefore covered by the code of good agricultural practices (order of 22 October 1998). Nevertheless, no environmental policy has been put in place: the impact on surface and ground water has been neither identified nor assessed, and the same applies to the impact on the soil, flora and fauna, i.e. there is no action plan aimed at reducing pollution in the aquifer as envisaged in Directive 91/676/EC. On the contrary, uncontrolled discharges of liquid manure continue.

Does the Commission have any record of significant pockets of pollution with a high concentration of nitrates and other substances which are evidently having and will continue to have an adverse effect on community life, public health and the environment around the Baix Ter aquifer?

Similar problems are to be found in other parts of Catalonia, notably the Osona district.

What measures will the Commission adopt to ensure that the above Directives are complied with in Spain, and in Catalonia in particular?

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

(2) OJ L 257, 10.10.1996, p. 26.

Answer given by Mrs Wallström on behalf of the Commission

(3 May 2000)

The Commission has been informed of the situation described by the Honourable Member regarding the pollution of the Baix Ter aquifer. A complaint on the same subject has just been recorded and is now being examined.

Aware of the problem to which the Honourable Member refers, the Commission is examining the problem of Spain's failure to designate zones, in Catalonia and other regions.

It should be noted that infringement proceedings (case 1996/2205) were initiated against Spain for failure to communicate the action programmes for vulnerable zones which are mandatory under Article 5 of Directive 91/676/EEC. The Commission took the matter to the Court of Justice.

According to the maps the Commission possesses, the sector mentioned in the written question was designated as a vulnerable zone by the Spanish authorities (Decree 283/1998 of 21 October 1998) but to date no official action programme has been established.

The Commission, in its role as guardian of the Treaties, will take all the necessary measures to ensure that Community law is complied with.

It should also be noted that codes of good agricultural practice must be applied both in nitrate vulnerable zones and in areas where Regulation No 1257/99(1) is applied (measures supporting rural development: agri-environmental measures and compensatory allowances).

(1) OJ L 160, 26.6.1999.