EN Official Journal of the European Union CE 78/53

(2004/C 78 E/0051)

WRITTEN QUESTION E-1900/03

by María Sornosa Martínez (PSE) to the Commission

(6 June 2003)

Subject: Nitrate pollution in the Valencia region

Despite the various procedures for non-compliance which the Commission has initiated and the various judgments issued by the European Court of Justice (1), Spain (and, in particular, the Valencia Regional Government) repeatedly fails to meet the standards applicable to water and nitrates.

According to data recently published by Miliarium (2), a total of 192 aquifers in various parts of the Community are still at risk of nitrate pollution, with Valencia province (with 152 ‘blackspots’) being the worst affected.

Discharges of harmful substances (mainly nitrates) originate in factories, urban-waste dumps and intensive farming practices involving excessive use of manure and fertilisers.

Since a quantity of nitrate exceeding 10 milligrammes per litre is (according to some estimates) sufficient to produce a detrimental effect on human health, Miliarium's recent measurements — according to which the 192 aquifers affected contain between 50 and 100 milligrammes per litre — are particularly worrying. In this connection, particular attention should be drawn to the disturbing measurements taken from the waters of the river Vinalopó, where the nitrate concentration has been found to exceed 100 milligrammes per litre.

Since the European Court of Justice judgments have had little effect on the attitudes of Spain's central and regional authorities in this area, and since people's health is being put at risk (whereby the right to public health as laid down in the treaties is not being upheld), what further action is the Commission intending to take in order to ensure that water-quality standards are met in the Valencia region and in Spain as a whole?

Answer given by Mrs Wallström on behalf of the Commission

(4 August 2003)

The Commission was not aware of the data published by Miliarium and mentioned by the Honourable Member in this written question. However, this data will be fully considered in light of the information already in its possession in order to be able to verify whether the Spanish Authorities are correctly applying Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (3).

The Honourable Member might wish to note that the Commission has already started infringement proceedings against Spain for the failure to designate a sufficient number of vulnerable zones in various Autonomous Communities, among them the Valencian Community. Within the framework of these infringement proceedings, the Commission has sent a letter of formal notice to the Spanish authorities. Their reply is currently under assessment.

In the same way, the Commission is investigating the application of the relevant dispositions of Community Law in the field of water protection by the Spanish authorities, in particular Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment (4). Consequently, the Commission will adopt all measures necessary in order to ensure that these dispositions are properly observed.

(1) Case C-214/96 for failure to comply with Directive 76/464/EEC; Case C-71/97 and Case C-274/98 for failure to comply with Directive 91/676/EEC

(2) http://www.miliarium.com/monografías/nitratos.

(3) OJ L 375, 31.12.1991.

(4) OJ L 135, 30.5.1991.