WRITTEN QUESTION E-1943/03 by Alexander de Roo (Verts/ALE) to the Commission. Nitrates Directive and restructuring of intensive livestock farming.
Date: 2003-06-13
Institutions: European Parliament, Provisional data
Subjects: Netherlands, agricultural area with environmental restrictions, agricultural waste, environmental standard, groundwater, intensive livestock farming, pollution control measures, pollution from agricultural sources, water protection

C 33 E/192

Official Journal of the European Union

EN

6.2.2004

Fishing was excluded from the scope of Directive 93/104/EC (1) concerning certain aspects of
the
is now covered by Directive 2000/34/EC (2), which has to be
organisation of working time, but
incorporated into the national legislation of Member States no later than 1 August 2003 (1 August 2004
in the case of doctors in training).

In any event, it is the task of the competent national authorities (judicial or other authorities), to ensure the
correct application of the provisions of national or Community law, also with regard to the fight against
undeclared work. In its Communication of 3 June 2003 (3) the Commission notes that undeclared work
seems to be on the increase in many Member States. However, since 2000, and especially in 2003, the
employment policy guidelines have included a commitment to combat this phenomenon. Furthermore,
one of the essential aspects of the common immigration policy is to combat illegal immigration, as set out
in the recent conclusions of the Thessaloniki European Council.

(1) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time,

OJ L 307, 13.12.1993.

(2) Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000 amending Council Directive
93/104/EC concerning certain aspects of the organisation of working time to cover sectors and activities excluded
from that Directive, OJ L 195, 1.8.2000.

(3) Communication on the development of a common policy on illegal immigration, smuggling and trafficking of

human beings, external borders and the return of illegal residents, COM(2003) 323 final.

(2004/C 33 E/195)

WRITTEN QUESTION E-1943/03

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

(13 June 2003)

Subject: Nitrates Directive and restructuring of intensive livestock farming

In a letter dated 4 January 2003, the Twente region agriculture section of the Dutch environmental group
Milieudefensie drew the Commission’s attention to the ‘restructuring of concentration areas’, an attempt to
restructure intensive livestock farming in some areas of the Netherlands.

Originally it was intended that this measure should also achieve environmental objectives, for example as
regards levels of nitrates in groundwater, which in some areas far exceed the European norm. Regrettably,
in the course of the administrative decision-making, this and other environmental objectives have gradually
been lost from sight and no effort is even being made to pursue them any longer, to say nothing of their
being achieved.

This is revealed by the Initial Memorandum on Environmental Impact Assessments of the Restructuring of
the Salland-Twente Concentration Areas (Startnotitie Milieu Effectrapportage Reconstructie Concentratiege-
bieden Salland-Twente), which Milieudefensie has also forwarded to the Commission.

In some areas (cid:1) the so-called ‘agricultural development areas’ (cid:1) indeed, autonomous growth of livestock
numbers is being permitted, as the ‘area visions’ indicate.

Despite this, the Netherlands authorities are continuing with the restructuring plans, and Overijssel
provincial authority has decided to allocate EUR 40 million to them.

Does the Commission agree that policy, both on this restructuring and in general, should be designed to
pursue and ensure compliance with European environmental objectives?

To what extent does Dutch authorities’ support for this restructuring policy violate the Nitrates Directive
(91/676/EEC (1))?

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

6.2.2004

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Official Journal of the European Union

C 33 E/193

Answer given by Mrs Wallström on behalf of the Commission

(7 August 2003)

With specific reference to the Nitrates Directive, the Netherlands suffers from the highest environmental
pressure from livestock manure and agricultural activities in Europe. Taking into consideration, as an
indicator, the annual nitrogen (N) input per hectare from livestock manure and mineral fertilisers, the
average value, is estimated in 486 kilogram (kg) N/year, of which 265 kg from livestock manure and
184 kg from mineral fertilisers (reference year 1997, Eurostat, Statistic in focus, environment and energy,
Theme 8 (cid:1) 16/2000).

Water quality is strongly affected by agricultural activities and the whole territory of the Netherlands has
been declared as nitrate vulnerable zone under the Nitrates Directive. An action programme must,
therefore, be implemented for the whole territory.

The action programme requires measures such as,
inter alia: a minimum capacity of manure storage
vessels, periods when the land application of certain types of fertiliser is prohibited, application of
fertilisers based on a balance between the foreseeable nitrogen requirements of the crops and the nitrogen
supply to the crops from the soil and from fertilisation.

A specific ceiling for annual nitrogen application from livestock manure is set by the Directive, and the
measures of the action programme have to ensure that, for each farm or livestock unit, the ceiling is not
exceeded.

In order to ensure a high level of protection of the Union’s water resources, the Commission has already
taken legal actions against several Member States, which, it feels, are not complying with the obligations
under the Nitrates Directive.

An infringement case against the Netherlands is currently before the European Court of Justice for the
failure to implement an action programme in compliance with the Nitrates Directive on the most
important points and the judgement is awaited within a few months.

Concerning the restructuring of intensive livestock areas in the Netherlands, the Dutch Authorities have
provided the following information:

(a)

the aim of the Law for the Reconstruction of Concentration Areas (Reconstruction Law; Staatsblad
2002-115) is to promote a good spatial structure of the concentration areas, especially concerning
agriculture, nature, forest, landscape, recreation, water, environment and infrastructure, and also to
improve the living and working circumstances and economic structure. I.e. the Reconstruction Law is
meant to reduce the problems of intensive livestock by improving the spatial structure;

(b) each reconstruction region (such as Salland/Twente) has to present a reconstruction plan that
improves the spatial structure for agriculture, nature, landscape, environment and water. In such a
plan both extensification areas and intensification areas have to be designed. In extensification areas
livestock numbers are too high compared to the vulnerability of nature, landscape, environment and
water. In intensification areas livestock numbers can be increased without damage to other interests.
Also the transfer of farms from concentration areas to other regions is promoted. The plan recently
drafted for Salland/Twente contains extensification and intensification areas, but an overall increase of
livestock numbers will not occur;

(c)

the Reconstruction Law is not the only law governing the development of livestock husbandry in the
Netherlands. For instance livestock numbers are regulated by the system of manure production quotas,
pig quotas, poultry quotas and milk quotas. In the last few years Dutch Authorities have spent over
EUR 800 million to buy up pig and poultry quotas for a total of 12 million kg phosphate. One of the
aims of the reconstruction plans is to adapt to these developments.

The Commission notes, based on the provided information of the Dutch Authorities, that the Law for the
Reconstruction of Concentration Areas should not lead to an overall
increase of livestock numbers.
Therefore, the general conditions exist, for which this Law, in pursuing its own general aim, would not
contrast with the objectives of the Nitrates Directive.