WRITTEN QUESTION E-3020/02

by Alexander de Roo (Verts/ALE) to the Commission

(23 October 2002)

Subject: Adoption of a less stringent policy on fertiliser in the Netherlands

In May 2002, on the basis of the 2002 evaluation of the implementation of the Fertilisers Act, the Netherlands National Institute of Public Health and the Environment (RIVM) advised the Netherlands Government then in office to adopt more stringent rules on the spreading of fertilisers containing nitrogen on agricultural land in 2003. Unless the Netherlands did so, the EU nitrates directive (91/676/EEC(1)) would be violated in 2003. On 31 May the Netherlands Government, then acting in a caretaker capacity, decided not to adopt any decision on fertiliser policy in 2003. The new government has informed the Netherlands Parliament (by letter no TRC 2002/8255 of 4 October 2002) that it intends to assign priority to the interests of agriculture and therefore to increase the scope for farmers to pursue free-enterprise objectives. In effect the Netherlands Government wishes to adopt a policy which is less, rather than more, stringent. In this connection, the international frameworks are the point of departure.

This is surprising, as the international framework (the nitrates directive) lays down clearly what rules the Netherlands is required to comply with. At the same time an infringement procedure (initiated in 1998) is pending because according to the Commission the nitrates directive has not been implemented sufficiently.

So far the Commission has been quite clear and precise about the implementation of the nitrates directive. What will it do in the light of the above letter to the Lower House of the Dutch Parliament?

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

Answer given by Mrs Wallström on behalf of the Commission

(29 November 2002)

So far, the Commission has received no recent formal communication from the Dutch government regarding new intentions either to tighten or loosen its laws governing nitrogen fertilisation. The Commission is grateful for the information concerning the recommendations of the Dutch National Institute of Public Health and Environment (RIVM) on the need for stricter norms for the spread of manure on agricultural land.

As the Honourable Member might know, on 20 April 2000, the Netherlands informed the Commission of their intention to apply a derogation under the Annex III, paragraph 2(b) of the Nitrates Directive(1), regarding the mandatory application limit of 170 kilograms/hectare/year (kg/ha/yr) of nitrogen from livestock manure. The Dutch request for derogation involves the possibility to apply up to 250 kg/ha/yr of nitrogen from livestock manure to all types of grassland (both permanent and temporary). In order to justify the derogation, the Netherlands provided a series of technical studies, including by the above-mentioned RIVM. These studies were examined by an ad hoc expert group established by the Commission, which presented its conclusions and recommendations in August 2001. The Commission has been discussing with the Dutch authorities these conclusions and recommendations for over one year.

These discussions, unfortunately, have not led to a situation where the Dutch approach could be approved. Whereas the Commission has not yet taken a formalised position concerning the above-mentioned notification of derogation, it is continuing to affirm the need for the full implementation of the Nitrates Directive both through the infringement proceedings mentioned by the Honourable Member and in discussions on the derogation.

(1) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.