WRITTEN QUESTION E-2610/96 by Nel van Dijk (V) to the Commission (11 October 1996)

Subject: Netherlands policy on manure in conflict with the nitrates directive

Is the Commission aware that the Netherlands Government is about to propose to the Netherlands Parliament new nitrogen and phosphate waste standards for the period 1998-2010 as part of the policy on manure?

Is the Commission aware that the Netherlands Government itself admits in its proposals to the Lower House that it will not be possible to achieve the objectives of the EU nitrates directive for 15% of all agricultural land even in 2008/2010?

Does the Commission consider that the Netherlands Government has disregarded Article 5(5) of the nitrates directive in that it has not proposed any supplementary measures to deal with the excessive nitrate levels on 15% of agricultural land?

Does the Commission agree with the Netherlands Government's proposal to alter the standard and increase the levels of nitrogen for pasture to 250 kg per hectare instead of the 210 kg per hectare laid down in the first action programme? How can this adjustment be reconciled with the Esbjerg North Sea Conference agreements to achieve balanced manuring between 2000 and 2002?

Is the Commission aware that as a result of the manure action programme proposed by the Netherlands Government the nitrate content of surface water in the Netherlands will remain much too high to combat manure pollution until long after 2020? Even after 25 years there will be too much nitrogen in almost all Dutch ditches (350 000 km), algal blooms will occur, and it will become increasingly difficult and more expensive to produce drinking water which meets the standards of the directive on drinking water.

Is the Commission willing to call the Netherlands Government to order and not to grant the exemptions requested by the Netherlands Government (15% and 250 kg)? Is the Commission willing to take on its traditional role as guardian of the implementation of directives and to require strict compliance with the Directive on nitrates by the Netherlands and the other Member States?

Answer given by Mrs Bjerregaard on behalf of the Commission (5 December 1996)

The Commission has for some time been aware of the problems of groundwater pollution by nitrates, and of eutrophication in the Netherlands. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources ((OJ L 375, 31.12.1991. )) represents one of the pillars of Community water policy and as such the Commission is very keen to see that it is implemented fully, both in the Netherlands and all other Member States. Nevertheless the Commission is cognisant of the intensity of agriculture within much of the Netherlands and realises that the measures required by the Directive will necessitate significant changes in Dutch agricultural practices.

The action programme submitted by the Dutch authorities to the Commission was accompanied by a letter formally informing the Commission that it would derogate from the quantities of manure laid down in Annex III.2 of the Directive. Before the conclusion of the procedure in Article 9 of the Directive, the Dutch authorities decided to withdraw both their derogation and their action programme. As a result of this decision, the question has been overtaken by events and is no longer relevant. It is however the Commission's understanding that the Dutch authorities intend to submit a second request when they consider it appropriate to do so. In the meantime, the Commission will continue to follow developments closely and to take any appropriate action necessary to ensure Dutch compliance with the Directive.