WRITTEN QUESTION P-2301/99

by Jan Mulder (ELDR) to the Commission

(29 November 1999)

Subject: Implementation of the nitrates directive (No 91/676/EEC)

1. In reply to my question P-1725/99(1) of 15 September 1999 the Commission said that it was possible to distinguish between nitrates derived from industrial sources and from other sources. Does the Commission intend to recommend that the requisite monitoring should be carried out for this purpose?

2. The Commission also says in its reply that it is possible by means of isotope analysis to distinguish between organic N of human or animal origin on the one hand and chemical N from artificial fertiliser or factories on the other. Does the Commission consider that organic N of human origin can affect the readings, and hence also the implementation of the nitrates directive (no 91/676/EEC)(2)? Does the Commission believe that leaky sewers in the Netherlands could have a distinct impact on nitrate readings?

(1) See page 14.

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

Answer given by Mr Wallström on behalf of the Commission

(16 December 1999)

The question posed is basically whether there are other relevant sources of nitrates pollution of waters by nitrates than those from agriculture, in particular waste water.

It is significant, both as regards the political decision and the practical implementation, that the European legislator addressed, within the same year of 1991, nitrates pollution of waters (groundwaters and surface waters, including marine waters) from agricultural sources by Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources(1), and nitrates and other pollution of waters from waste water sources by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment(2).

Wherever such nitrates pollution (elevated concentrations of nitrates in surface waters or groundwaters; eutrophication of surface waters including marine waters) is observed, the necessary measures have to be implemented, targeted on agricultural and waste water sources. A 1999 judgement by the European court(3) confirms in this context that mandatory measures (action programmes) under the nitrates directive have to be established and implemented even if in a particular situation agriculture is not the main source of pollution.

The choice of the necessary monitoring is the responsibility of Member States. The draft guidelines on monitoring currently discussed with Member States will list elements of monitoring, including various methods of analysis and assessment, but do not give recommendations in individual

situations. Amongst the methods of analysis and assessment, isotope analysis is one, based on the fact that the ratio between two nitrogen isotopes, N14 and N15, is different for organic fertilisers (manure, slurry etc.) and chemical fertilisers. Such analyses can be done by specialised laboratories, but are however rather expensive ( 100 per analysis). Such analysis might therefore be advisable in particularly complex cases, together with other methods, to assess the different origins of nitrogen, as well as to assess the impact of changing practices in a particular area. Other analytic techniques for similar purposes complementing these are tracing boron (as boron is present in domestic waste waters), or fat acids and other organic compounds specific of different types of animals. Given the particular conditions, isotope analyses on hydrogen and oxygen might prove useful as well (to show the age of groundwaters, and times of transfer of polluted waters in the soil and subsoil).

Directive 91/271/EEC concerning urban waste-water treatment obliges Member States to take the necessary steps, in accordance with best technical knowledge not entailing excessive costs, for the prevention of leaks in urban waste water collecting systems. According to information provided by the Dutch Ministry of the Environment, concentrations of nitrates are generally lower in groundwaters under urban areas than in rural areas with intensive agriculture.

Nitrates pollution of waters (groundwaters and surface waters, including marine waters) has several main sources such as agriculture and waste water. Existing Community legislation addresses, in a legally binding way, both agricultural and waste water-related nitrates pollution. A range of methods to analyse and assess the impact from different sources exist. The Commission will carefully observe the implementation, and will take the necessary legal steps (infringement procedures, including request for the imposition of penalty payments) where appropriate.

(1) OJ L 375, 31.12.1991.

(2) OJ L 135, 30.5.1991.

(3) Judgment in case C-293/97 of 29.4.1999, The Queen / Minister of Agriculture, Fisheries and Food, ex parte Standley and others.