WRITTEN QUESTION P-2854/00 by Joan Colom i Naval (PSE) to the Commission. Infringement proceedings against the Kingdom of Spain for pollution of aquifers.
Date: 2000-09-05
Institutions: European Parliament, Provisional data
Subjects: Spain, action for failure to fulfil an obligation, groundwater, infringement procedure (EU), judgment of the Court (EU), pollution from agricultural sources, water pollution

C 113 E/194

Official Journal of the European Communities

EN

18.4.2001

(2001/C 113 E/206)

WRITTEN QUESTION P-2854/00

by Joan Colom i Naval (PSE) to the Commission

(5 September 2000)

Subject: Infringement proceedings against the Kingdom of Spain for pollution of aquifers

In its answer of 3 May 2000 to my Written Question E-0738/00 (1) concerning the pollution of aquifers in
certain areas of Catalonia, in particular Baix Empord(cid:224) and Osona, and the failure on the part of the
administration of the Autonomous Community of Catalonia (Executive Council of the Generalitat) to
comply with the judgment of the Court of Justice in Case C-71/97 of 1 October 1998, the Commission
said that infringement proceedings had been opened against the Kingdom of Spain in connection with this
matter.

Will the Commission say when exactly the proceedings were opened, what stage has been reached and
what results it expects?

(1) OJ C 53 E, 20.2.2001, p. 21.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(9 October 2000)

In respect of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters
against pollution caused by nitrates from agricultural sources (1), the Commission has instituted two
infringement proceedings against Spain, in the course of which it has brought actions before the Court
of Justice.

In the first judgment of 1 October 1998 in Case C-71/97, the Court declared that Spain had failed to
comply with the provisions of Directive 91/676/EEC. It found that Spain had failed to designate vulnerable
zones and to establish codes of good agricultural practice pursuant to Articles 3 and 4 of the Directive.
Following the judgment, Spain forwarded information on the designation of vulnerable zones for the
whole of its territory. It also notified its codes of good agricultural practice.

In the second judgment of 13 April 2000 in Case C-274/98, the Court declared that Spain had failed to
establish action programmes for the vulnerable zones, as required by Article 5 of the Directive. The
Commission is currently examining the Spanish authorities(cid:146) compliance with this judgment.

The Commission has, in addition, instituted infringement proceedings against Spain following a petition
made to Parliament(cid:146)s Committee on Petitions regarding the nitrate pollution of drinking water in the
Osona area of Catalonia. Following an official notification, the Spanish authorities informed the Com-
mission that a plan covering all
the municipalities in the area had been adopted and was being
implemented to resolve the problem.

The Commission hopes these procedures will help resolve the problem the Honourable Member is
referring to. The Commission will in addition take any useful step to ensure that Spain completes a full
designation of vulnerable zones in all provinces where nitrogen from agricultural sources is threatening the
quality of fresh or sea water and that it acts rapidly to set up action programmes.

(1) OJ L 375, 31.12.1991.