WRITTEN QUESTION E-0152/00

by María Sornosa Martínez (PSE) to the Commission

(31 January 2000)

Subject: Exceeding of maximum permissible nitrate levels in water for human consumption in the Community of Valencia (Spain)

At the end of last year a report by the water control unit of the government of the Community of Valencia was published showing that the water intended for human consumption in 46 municipal districts in the Community of Valencia contained more than the permitted amount of nitrates laid down by the European Union and the World Health Organisation. This means that more than 375 000 persons (10 % of Valencians) are exposed to the health risks posed by nitrates (notably, cancer in adults and anaemia in children).

The main source of this kind of water pollution is the excessive and improper use of nitrogenous fertilising for farming in the area. The Government of Valencia has responded to this serious situation merely by declaring 193 municipal districts to be at risk from nitrate pollution, without doing anything else to remedy the situation. In so doing, the government has merely applied Community legislation incorrectly by complying with formal requirements without attempting to remedy the problem.

Bearing in mind the provisions of Directive 98/83/EC on the quality of water intended for human consumption(1) and Directive 91/676/EC concerning the protection of waters against pollution caused by nitrates from agricultural sources(2) as well as the requirements to be laid down in the future framework directive on water, is the Commission aware of the breaches of Community legislation involving the exceeding of maximum permitted nitrate levels affecting the people of Valencia. If so, what measures has it taken or will it take to safeguard the health of these citizens?

(1) OJ L 330, 5.12.1998, p. 32.

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

Answer given by Mrs Wallström on behalf of the Commission

(30 March 2000)

The Commission is aware of the problem the Honourable Member has raised regarding the pollution of water intended for human consumption due to exceedance of the maximum authorised level of nitrates.

The Court of Justice has already condemned Spain for failing to comply with Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources. The failings noted by the Court included failure to designate vulnerable zones and failure to adopt codes of good agricultural practice(1).

In addition, the Commission has brought a further action(2) against Spain before the Court of Justice for failure to communicate the vulnerable zone action programmes required by Directive 91/676/EEC.

Regarding the drinking water problem, the Commission has recently instituted infringement proceedings in respect of the poor quality of drinking water in several municipalities of the Autonomous Community of Valencia, invoking improper application of Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption(3).

The Commission hopes these proceedings will help resolve the problem raised by the Honourable Member. It will, in addition, take all useful steps to ensure that Spain makes a full designation of vulnerable zones in all provinces in which nitrates from agricultural sources are threatening the quality of fresh or sea water, and that it introduces action programmes rapidly.

The Commission would point out that, pursuant to Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(4), good farming practice is now a precondition for payment of compensatory allowances (Chapter V of the Regulation) and in the implementation of agri-environmental measures (Chapter VI of the Regulation).

(1) Case C-71/97. Judgment of 1.10.1998.

(2) Case C-274/98.

(3) OJ L 229, 30.8.1980, amended by OJ L 224, 3.9.1993.

(4) OJ L 160, 26.6.1999.