EN Official Journal of the European Union CE 65/87

(2004/C 65 E/098)

WRITTEN QUESTION E-1624/03

by Patricia McKenna (Verts/ALE) to the Commission

(13 May 2003)

Subject: Designatiin of nitrate-vulnerable zones in Ireland

Ireland has yet to designate nitrate-vulnerable zones as required by the Nitrates Directive 91/676/EEC (1). Two years ago the then Minister for the Environment promised to do so, but nothing has happened. What steps is the Commission taking to ensure that Ireland meets its obligations under the Nitrates Directive? Is the Commission threatening to withhold farm support payments unless Ireland complies? Has the Irish Government provided details of remedial measures proposed and a timescale for their implementation?

Joint answer

to Written Questions E-1622/03, E-1623/03 and E-1624/03

given by Mrs Wallström on behalf of the Commission

(26 June 2003)

The Commission is committed to ensuring that all Member States, including Ireland, comply with the requirements of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources. On 10 October 2001, it referred Ireland to the Court of Justice for failure to comply with these requirements (2). More specifically, the Commission drew attention to the lack of designation of nitrate vulnerable zones and the failure to establish action programmes for these. A decision of the Court is awaited.

With reference to Community funds and in particular rural development (Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (3), Commission guidelines in relation to the implementation of Directive 91/676/EEC were sent to Member States in May 2000. These guidelines required that for relevant countries, the rural development programming documents must contain clear and irrevocable commitments to guarantee consistency of their programmes with the protection of vulnerable zones as provided for under Directive 91/676/EEC.

Rural development programming documents were required to include:

— a commitment to make substantial progress in completing the designation of nitrate vulnerable zones as soon as possible;

— a commitment to make sufficient progress in defining and implementing the binding measures of the nitrates code of good farming practice (GFP) and/or the action programme and adapting and/or completing the general GFP as defined in Commission Regulation (EC) No 1750/1999 of 23 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 1257/1999 (4) accordingly.

In the guidelines, the Commission indicated that it would be formally notifying Member States when it was about to take immediate and appropriate action in the event of irregularities concerning the conditions of implementation, in accordance with Council Regulation (EC) No 1257/1999 and Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (5), i.e. in this case specifically a failure to comply with the commitment to designate nitrate vulnerable zones.

Ireland undertook these commitments in its Rural Development Plan approved by the Commission by the end of 2001.

On 23 February 2003, the Irish authorities communicated their intention to apply an action programme throughout the territory of Ireland, as permitted under Article 3(5) of Directive 91/676/EEC. It was indicated that an action programme would be developed by June 2003.

With reference to derogations, it is premature to comment, since the action programme from which any derogation would seek to depart is still lacking.

As regards the Acceding States, all have committed themselves, in the context of accession negotiations, to fully transpose and implement the Directive at the latest by accession, including the establishment of action programmes. The Commission is closely monitoring these preparations.

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

(2) Case C-2001/396, Commission v. Ireland.

(3) OJ L 160, 26.6.1999.

(4) OJ L 214, 13.8.1999.

(5) OJ L 160, 26.6.1999.