WRITTEN QUESTION E-4045/03 by Joan Colom i Naval (PSE) to the Commission. Contamination of groundwater in Catalonia.
Date: 2004-01-12
Institutions: European Parliament, Provisional data
Subjects: Catalonia, eutrophication, groundwater, pollution control measures, pollution from agricultural sources, water pollution, water protection

C 84 E/288

Official Journal of the European Union

EN

3.4.2004

As regards the point made by the Honourable Member concerning the increase in the basic price of cars in
Portugal, the Commission would point out that a pricing policy determined on an independent basis by a
motor vehicle manufacturer is strictly the business of that manufacturer. The Commission has no mandate
to intervene in respect of manufacturers’ business decisions.

However, price increases decided by joint agreement between a manufacturer and its independent dealers,
or between competing manufacturers, are generally prohibited under European competition law.
If
evidence were found of concerted price increases the Commission would not hesitate to take action in
accordance with its role as guardian of fair competition in the internal market.

To date, however, no information of concerted price increases on the Portuguese market has come to light.

(1) Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to

categories of vertical agreements and concerted practices in the motor vehicle sector, OJ L 203, 1.8.2002.

(2004/C 84 E/0334)

WRITTEN QUESTION E-4045/03

by Joan Colom i Naval (PSE) to the Commission

(12 January 2004)

Subject: Contamination of groundwater in Catalonia

According to the 2003 risk report produced by the foundation ‘Instituto de Estudios de Seguridad’, a third
of all Catalan municipalities (306 out of 946) experience a high level of groundwater contamination owing
to nitrates originating from excess slurry.

On 1 October 1998, Spain was found guilty by the Court of Justice, in Case C-71/97, of failing to comply
with Directive 91/676/EEC (1). The Court of Justice subsequently found Spain guilty,
in its ruling of
13 April 2000 on Case C-274/98, of failing to comply with Article 5 of Directive 91/676/EEC.

Can the Commission indicate what
types of control procedure have been followed to verify the
implementation of the directive in question? How does the Commission explain the fact that the number
of communities affected by nitrate contamination of groundwater has increased by over 50 %? What
measures will
the Commission take to solve this problem, which affects a third of all Catalan
municipalities, without endangering their populations? Does it consider these circumstances to square
with transferring water from the Ebro to other parts of Spain?

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

Answer given by Mrs Wallström on behalf of the Commission

(24 February 2004)

Pursuant to the judgements of the European Court of Justice in cases C-71/97 and C-274/98, Spain has
adopted different measures to ensure compliance with the provisions of Council Directive 91/676/EEC of
12 December 1991 concerning the protection of waters against pollution caused by nitrates from
agricultural sources, hereafter ‘Nitrates Directive’. Nonetheless, the Commission, in exercising its controlling
powers, has subsequently observed that these measures might be insufficient.

Regarding the situation in Catalonia, it should be noted that the Spanish authorities designated six Nitrate
Vulnerable Zones (NVZs) in 1998 (1) within this Autonomous Community. According to the Commission
Assessment, further designations were required in Catalonia.

The proper designation of NVZs represents the first step to controlling nitrate pollution. Appropriate
action programmes should be established in NVZs, ensuring the implementation of a comprehensive set of
measures for fertilisation, soil management, livestock manure management and the compulsory application
of the Code of Agricultural Practice.

3.4.2004

EN

Official Journal of the European Union

C 84 E/289

The Autonomous Community of Catalonia has established a Code of Good agricultural practice (2),
an Action Programme in designated NVZs (3), and a Decree on manure management (4). However,
the effects of the measures on water quality, in particular in the case of groundwater, could be expected to
be significant only after some time, due to the ‘tank effect’ of soil and groundwater. Moreover, according to
the Commission Assessment, the Action Programme of the Autonomous Community of Catalonia needs to
be improved to bring it fully in line with the Nitrates Directive.

In the main, the amendments required could be summarised as follows:

(cid:1) a reduction in total nitrogen application rates, at present very high for some crops;

(cid:1) an indication of minimum storage capacity for livestock manure with, for example, a six-month
guidance value (5) (including reference values for calculation of compliance), as the present provisions
linking the minimum storage capacity to the fertilisation plan requirements are too vague);

(cid:1) a quantification of maximum allowable nitrogen volatilisation losses for animal manure as mentioned

in Decree 220/2001, Annex (e);

(cid:1) a definition of minimum nitrogen efficiency requirements in the application of livestock manure;

(cid:1) compliance with the 170 kilogram (kg) N per hectare (ha) limit for livestock manure (210 kg/ha is
foreseen in the Action Programme and no modification has been communicated to the Commission
since December 2002, the deadline set for the entry into force of the 170 kg/ha N standard).

Pursuant to these verifications, the Commission has taken action to ensure that the provisions of Directive
91/676/EEC are correctly applied by the Spanish authorities. Following Commission intervention, the
Spanish authorities have announced their intention to amend the Action Programme established by the
Autonomous Community of Catalonia.

Finally, the Commission does not see any link between this case and the project to transfer water from the
Ebro to other parts of Spain.

(1) Decree No 283 of 21 October 1998.
(2) Orden de 22 de Octobre de 1998 DOGC 2761, 9 November 1998.
(3) Decree No 205, 13 June 2000.
(4) Decree 220/2001, 1 August 2001, DOCG 3477 of 7 August 2001.
(5) At present the reference to a minimum storage capacity of four to six months is made in the code of good

agricultural practice (paragraph 8.2.1.b), which implementation is obligatory in NVZs.

(2004/C 84 E/0335)

WRITTEN QUESTION E-4046/03

by Raffaele Costa (PPE-DE) to the Commission

(12 January 2004)

Subject: Software and filtering systems

In October 2000, the European Commission issued, in connection with the programme relating to safe use
of the Internet, a call for proposals for projects to demonstrate filtering software and services, with a
budget allocation of EUR 5 million. Can the Commission reveal which companies were awarded this
contract and the amounts allotted to them? What results have been achieved?

Answer given by Mr Liikanen on behalf of the Commission

(24 February 2004)

Information about all projects funded by the Safer Internet Action Plan, including the funding per project
and the names of the beneficiaries, can be found on the Europa Web site at (http://europa.eu.int/iap).