WRITTEN QUESTION E-0190/02

by Jan Mulder (ELDR) to the Commission

(6 February 2002)

Subject: Implementation of Directive 91/676/EEC (the Nitrates Directive)

On 17 January 2001, the European Parliament adopted a resolution (2002/2110/INI(1)) on the implementation of Directive 91/676/EEC(2) (the Nitrates Directive). In that resolution, the Commission was asked to explain why the Directive was not being implemented effectively. Suggestions were also made for improvements to the implementation of that Directive.

1. The European Parliament takes the view that, on scientifically justified grounds, Member States should be able to derogate from the limit of 170 kg N/ha, on condition that the 50 mg nitrate/l is not exceeded in groundwater under any circumstances. What action has the Commission taken on this issue set out in Parliament's resolution?

2. In its resolution, the European Parliament urged the Commission to have a study carried out into the proportion of the nitrate content of groundwater coming from non-agricultural sources. Has that study been carried out? If so, what were its findings?

3. In answer to my Written Question P-1725/99(3), the Commission answered that new guidelines designed to harmonise the measurement and reporting of the nitrate content of groundwater would be implemented in the Member States. What do those guidelines entail, and are they already in force? Do the guidelines stipulate the depth at which the nitrate content of groundwater is to be measured? Does the European Commission take the view that all the Member States are currently supplying objectively comparable statistics so that a direct comparison is possible between the Member States?

(1) OJ C 262, 18.9.2001, p. 128.

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

(3) OJ C 225 E, 8.8.2000, p. 14.

Answer given by Mrs Wallström on behalf of the Commission

(26 March 2002)

1. Pursuant to provisions of Annex III Paragraph 2 (b) of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (hereafter the Nitrates Directive), Members States already have the possibility to derogate from the limit of 170 kilogram Nitrate per hectare per year (Kg N/ha/year), on condition that this measure does not prejudice the achievement of the objectives of the Directive, which implies the condition that the concentration of 50 miligram per liter (mg/l) nitrates is not exceeded in groundwater under any circumstances. In conformity with the above-mentioned provisions, however, the derogation must be justified on the basis of objective criteria including, for example, long growing season, crops with high nitrogen uptake, high net precipitation in the vulnerable zone, and soils with exceptionally high denitrification capacity. Moreover, the Member State concerned must inform the Commission, which is called upon to examine the justification presented and take a decision, following the opinion of the Committee established pursuant to provisions of Article 9 of the Directive (the Nitrates Committee). So far, two Member States have notified the Commission of a request for derogation: Denmark and the Netherlands. The Nitrates Committee has recently expressed a positive opinion on a Draft Commission Decision concerning the Danish request, and the corresponding written procedure is in progress. For the Dutch request, an independent expert group has been set up in 2000/2001 with the aim of providing advice to the Commission on the technical justifications presented by the Dutch authorities. The expert group provided in September 2001 scientific advice and recommendations, in order to avoid excessive risk of nitrates leaching to groundwater or drainage waters in the Dutch context. The conclusions and recommendations formulated by that expert group will be the basis for drafting a Commission Decision on the matter, to be submitted to the opinion of the Nitrates Committee, as soon as an agreement will be reached with the Netherlands on the application of these recommendations.

2. The assessment of different nitrogen origins (domestic, industrial and agricultural sources) must be done at the level of each main water body (groundwater, lake, or river watershed), it implies important analytical and modelling tools, and local monitoring and statistics. Pursuant to provisions of Article 5, paragraph 3(a), of the Nitrates Directive, such assessment is a specific task to be fulfilled by each Member State in order to establish action programmes in respect of designated vulnerable zones. The general assessment already made by some Member States shows a contribution of agriculture to nitrogen fluxes in water between 50 % (Belgium, France) and 70-80 % (Germany, Ireland). The draft monitoring guidelines under elaboration, as referred to in point 3 below, identify the tools which can be used at a lower scale for a more precise assessment.

3. Groundwater monitoring is a complex item as well, on which complementary proposals will be presented to the next Nitrates Committee in June 2002.

From the year 2000 Member State reports and scientific discussions, it appears clearly that a two levels monitoring is generally necessary in main waterbodies:

- sampling at the depth where groundwater drains naturally to surface water, or is pumped for human use, which gives its general quality status and trends;

- sampling in upper layers (oxygenated first meters of the saturated area), which shows more quickly the impact of farmers' practices and preventive measures impact.

A proposal in that direction, to be included in the monitoring guidelines, will be presented to the next Nitrates Committee. With the view to securing reliability and comparability of statistics, frequency of sampling will also be precised in that proposal, taking into account the hydrogeological context (e.g. increased frequency for karstic subsoil with quick circulation of waters).