WRITTEN QUESTION E-1822/02

by Alexander de Roo (Verts/ALE) to the Commission

(27 June 2002)

Subject: Failure of Dutch manure policy to comply with EU standards

The Dutch National Institute for Public Health and the Environment (RIVM) has advised the Dutch government to tighten up the regulations on spreading nitrogen on farmland and extend significantly the acreage of dry sandy soil subject to extra strict standards in 2003. If the Netherlands fails to do so, the EU Nitrates Directive (91/676/EEC(1)) will be exceeded in 2003.

On 31 May 2002 the outgoing government decided not to take a decision on manure policy in 2003. The new government which will probably be drawn from the CDA, VVD and LPF parties will have to resolve the problem. It was reported in the agricultural daily, Agrarisch Dagblad, on 31 May that the new government coalition of CDA, VVD and LPF does not intend to make the 2003 manure regulations more stringent than those in force in 2002.

Hitherto the European Commission has been extremely strict and clear in implementing the Nitrates Directive. At the end of May 2002 Environment Commissioner Wallström informed the Belgian government that she intended to withdraw or suspend the EUR 200 million rural development subsidy if slurry policy in Flanders failed to comply with the EU directive.

Is the European Commission prepared in line with its position on Belgium to place monies for subsidies for the Dutch intensive livestock farming industry in the reserve until the policy of the new Dutch government for 2003 complies with EU standards for nitrates?

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

Answer given by Mrs Wallström on behalf of the Commission

(9 September 2002)

The Commission is following closely the implementation of the Nitrates Directive (91/676/EEC) in The Netherlands. The Netherlands has not designated specific nitrate vulnerable zones but has made use of Article 3(5) of the directive and established an action programme for its national territory. An infringement procedure against The Netherlands (1998/2158) was opened in 1998 due to the failure to include in the action programme all the measures required pursuant to Articles 5(4) and 5(5) and annexes II and III of the Nitrates Directive. The case has been referred to the Court of Justice and is presently in its final stage as a judgment of the Court is expected.

In order to assure coherence of Community environmental and rural development policies, clear and irrevocable commitments were included in each of the Community co-financed rural development programmes. For the Nitrates Directive the commitments in the Dutch rural development programmes concern sufficient progress to be made by 31 December 2000 to comply with the Nitrates Directive, essentially involving modification and completion of the Dutch mineral policy.

In his letter dated 25 May 2000 the Member of the Commission in charge of Agriculture and Fisheries informed the Member States that the Commission will be formally notifying them when it is about to take immediate action in the event of irregularities concerning the conditions of implementation of the Nitrates Directive, especially concerning a failure to comply with the commitment to designate nitrate vulnerable zones. Such appropriate actions may include recourse by the Commission to Article 7(4) of Council Regulation No 1258/1999 of 17 May 1999 on the financing of the Common Agricultural Policy(1).

The letter from the Member of the Commission in charge of Environment dated 27 May 2002, referred to in the written question, was addressed to Mr Bart Staes, Member of the Parliament, in reply to his letter on the subject. It concerned the recent proposal for designation of nitrate vulnerable zones in Flanders. The Member of the Commission's letter refers to the commitment the Flemish region made in the context of its rural development programme. It made no reference to the specific withdrawal of funds as suggested in this question.

Designation of nitrate vulnerable zones in Flanders has been very limited (9 % of its territory) for several years. On 25 June 2002 the Flemish authorities submitted formally to the Commission and through the Permanent Representation of Belgium at the Union, a new proposal. The Commission is currently analysing this new proposal. As indicated above The Netherlands has established an action programme for its entire territory. Therefore, despite of a number of similarities between Dutch and Flemish agriculture, the approach applied for designation of nitrate vulnerable zones has been very distinct in Flanders as compared to The Netherlands.

(1) OJ L 160, 26.6.1999.