WRITTEN QUESTION E-1822/02 by Alexander de Roo (Verts/ALE) to the Commission. Failure of Dutch manure policy to comply with EU standards.
Date: 2002-06-27
Institutions: European Parliament, Provisional data
Subjects: EU financing, Flanders (Belgium), Netherlands, action programme, agricultural policy, application of EU law, chemical salt, pollution control measures, pollution from agricultural sources, rural development

6.2.2003

EN

Official Journal of the European Union

C 28 E/143

German authorities in Rhineland-Palatinate and Saarland for an emergency vaccination. The two respective
German eradication plans (Saarland, Rhineland-Palatinate) for the eradication of classical swine fever in
feral pigs were approved by Commission Decision 2002/161/EC (2). The experience gained may contribute
to improve future control strategies.

(1) OJ L 316, 1.12.2001.
(2) Commission Decision of 22 February 2002 approving the plans submitted by Germany for the eradication of
classical swine fever in feral pigs in Saarland and the emergency vaccination against classical swine fever in feral
pigs in Rhineland-Pfalz and Saarland, OJ L 53, 23.2.2002.

(2003/C 28 E/165)

WRITTEN QUESTION E-1822/02

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

(27 June 2002)

Subject: Failure of Dutch manure policy to comply with EU standards

The Dutch National Institute for Public Health and the Environment (RIVM) has advised the Dutch
government to tighten up the regulations on spreading nitrogen on farmland and extend significantly the
acreage of dry sandy soil subject to extra strict standards in 2003. If the Netherlands fails to do so, the EU
Nitrates Directive (91/676/EEC (1)) will be exceeded in 2003.

On 31 May 2002 the outgoing government decided not to take a decision on manure policy in 2003. The
new government (cid:1) which will probably be drawn from the CDA, VVD and LPF parties (cid:1) will have to
resolve the problem. It was reported in the agricultural daily, Agrarisch Dagblad, on 31 May that the new
government coalition of CDA, VVD and LPF does not intend to make the 2003 manure regulations more
stringent than those in force in 2002.

Hitherto the European Commission has been extremely strict and clear in implementing the Nitrates
Directive. At
the end of May 2002 Environment Commissioner Wallström informed the Belgian
government that she intended to withdraw or suspend the EUR 200 million rural development subsidy if
slurry policy in Flanders failed to comply with the EU directive.

Is the European Commission prepared (cid:1) in line with its position on Belgium (cid:1) to place monies for
subsidies for the Dutch intensive livestock farming industry in the reserve until the policy of the new
Dutch government for 2003 complies with EU standards for nitrates?

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

Answer given by Mrs Wallström on behalf of the Commission

(9 September 2002)

The Commission is following closely the implementation of the Nitrates Directive (91/676/EEC) in The
Netherlands. The Netherlands has not designated specific nitrate vulnerable zones but has made use of
Article 3(5) of the directive and established an action programme for its national territory. An infringement
procedure against The Netherlands (1998/2158) was opened in 1998 due to the failure to include in the
action programme all the measures required pursuant to Articles 5(4) and 5(5) and annexes II and III of the
Nitrates Directive. The case has been referred to the Court of Justice and is presently in its final stage as a
judgment of the Court is expected.

In order to assure coherence of Community environmental and rural development policies, clear and
irrevocable commitments were included in each of
the Community co-financed rural development
programmes. For the Nitrates Directive the commitments in the Dutch rural development programmes
concern sufficient progress to be made by 31 December 2000 to comply with the Nitrates Directive,
essentially involving modification and completion of the Dutch mineral policy.

C 28 E/144

Official Journal of the European Union

EN

6.2.2003

In his letter dated 25 May 2000 the Member of the Commission in charge of Agriculture and Fisheries
informed the Member States that the Commission will be formally notifying them when it is about to take
immediate action in the event of irregularities concerning the conditions of implementation of the Nitrates
Directive, especially concerning a failure to comply with the commitment to designate nitrate vulnerable
zones. Such appropriate actions may include recourse by the Commission to Article 7(4) of Council
Regulation No 1258/1999 of 17 May 1999 on the financing of the Common Agricultural Policy (1).

The letter from the Member of the Commission in charge of Environment dated 27 May 2002, referred to
in the written question, was addressed to Mr Bart Staes, Member of the Parliament, in reply to his letter on
the subject. It concerned the recent proposal for designation of nitrate vulnerable zones in Flanders. The
Member of the Commission’s letter refers to the commitment the Flemish region made in the context of its
rural development programme. It made no reference to the specific withdrawal of funds as suggested in
this question.

Designation of nitrate vulnerable zones in Flanders has been very limited (9 % of its territory) for several
years. On 25 June 2002 the Flemish authorities submitted formally to the Commission and through the
Permanent Representation of Belgium at
the Union, a new proposal. The Commission is currently
analysing this new proposal. As indicated above The Netherlands has established an action programme for
its entire territory. Therefore, despite of a number of similarities between Dutch and Flemish agriculture,
the approach applied for designation of nitrate vulnerable zones has been very distinct in Flanders as
compared to The Netherlands.

(1) OJ L 160, 26.6.1999.

(2003/C 28 E/166)

WRITTEN QUESTION E-1832/02

by Graham Watson (ELDR) to the Commission

(27 June 2002)

Subject: Recreation horse riding

Is the Commission aware of the regulations restricting recreational horse riding on fields set aside for the
Arable Area Payments Scheme?

Is it not possible for these fields to be used for the purposes of exercising horses in a recreational manner,
as opposed to using public roads, in areas where there are limited options?

Answer given by Mr Fischler on behalf of the Commission

(26 July 2002)

Article 1(6) of Commission Regulation (EC) No 327/2002 of 21 February 2002 amending Regulation (EC)
No 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No 1251/1999
establishing a support system for producers of certain arable crops (1) states that set-aside areas may not be
used for any agricultural production other than provided for in Article 6(3) of Council Regulation (EC) No
1251/1999 of 17 May 1999 establishing a support system for producers of certain arable crops (2), nor
put to any agricultural or lucrative use which would be incompatible with growing an arable crop.
Article 6(3) of Regulation (EC) No 1251/1999 allows the use of land set-aside for the provision of
materials for the manufacture within the Community of products not primarily intended for human or
animal consumption.

Set-aside was introduced as a market regulation instrument, mainly for cereals and plays an important role
in limiting production. Land used for recreational horse riding is frequently arable land eligible under the
arable crop regime. To allow set-aside land to be used for recreational horse riding, or similar purposes,