WRITTEN QUESTION No. 3316/98 by Nelly MAES to the Commission. The Flemish Fertiliser Action Plan (MAP) and Flanders' compliance with Directive 91/676/EEC on nitrates
Date: 1998-10-27
Institutions: European Parliament, MAES
Subjects: Brussels region, Flanders (Belgium), chemical salt, infringement procedure (EU), pollution from agricultural sources, water pollution













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91998E3316

WRITTEN QUESTION No. 3316/98 by Nelly MAES to the Commission. The Flemish Fertiliser Action Plan (MAP) and Flanders' compliance with Directive 91/676/EEC on nitrates  


Official Journal C 142 , 21/05/1999 P. 0119 





WRITTEN QUESTION P-3316/98by Nelly Maes (ARE) to the Commission(27 October 1998)Subject: The Flemish Fertiliser Action Plan (MAP) and Flanders' compliance with Directive 91/676/EEC on nitratesOn 28 May 1995 and 28 October 1997 the Commission wrote to the Kingdom of Belgium concerning the application of Directive 91/676/EEC on nitrates(1) in the Brussels Capital Region and the Flemish Region. Pursuant to Article 169 of the Treaty, the competent authorities were asked to respond to the Commission's remarks on the failure to comply with this directive. In particular, these remarks referred to the failure to identify vulnerable areas, the absence of a code of good agricultural practice, the incorrect and incomplete transposition of the directive into provisions of internal law, the specification of larger quantities of nitrogen applied per hectare and year than permitted (in Flanders 450 kg rather than a maximum of 210 kg as of December 1998!) and the absence of an action programme.1. How did the competent Belgian, Flemish and/or Brussels authorities react to the letters forwarded by the Commission on 28 May 1995 and 28 October 1997?2. How far did the competent authorities comply with the Commission's remarks?3. Is the Commission considering legal steps to force the Flemish Region and Brussels Capital Region to ensure the correct implementation of the directive referred to above? If so, what legal steps? Can the Commission also provide a timetable?4. What sanctions can the Commission impose in this case?Answer given by Mrs Bjerregaard on behalf of the Commission(27 November 1998)Under Article 155 of the EC Treaty, the Commission must ensure that measures taken by the institutions under the Treaty are applied. To this end, the Commission was required to verify the implementation by the Member States of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources.In this context, the Commission has started infringement proceedings, as provided for in Article 169 of the EC Treaty, against Belgium and decided to issue a reasoned opinion. As the Commission points out in the press release which it issued on that occasion(2), the reasoned opinion raises several problems, in particular the insufficient number of vulnerable areas in Flanders, the lack of surveillance in Brussels and the absence of an action programme for the Walloon region and for Brussels.If Belgium failed to conform to this reasoned opinion, the Commission might have to bring the matter before the Court of Justice for a ruling on whether Belgium has failed to meet its obligations.Lastly, it should be pointed out that, under the rules regarding publicity about infringement proceedings, the details of these proceedings are confidential. With regard to any comments made by a Member State in the framework of such proceedings, it is for the authorities of that State to decide whether or not the public should be allowed access to the comments.(1) OJ L 375, 31.12.1991, p. 1.(2) IP/98-367, 7.7.1998.