The European Commission decided to refer Belgium to the Court of Justice of the European Union for failing to take sufficient action on nitrate pollution in the Flemish region, as required by the Nitrates Directive (Council Directive 91/676/EEC). The Directive aims to protect surface and ground waters against nitrates pollution from agricultural sources. Where monitoring shows pollution caused by nitrates, Member States are required to set up action programmes to prevent and reduce such pollution. Where existing measures do not reduce pollution, additional measures must be taken immediately.
The European Green Deal, with its zero pollution ambition, calls for air, water and soil pollution to be reduced to levels no longer considered harmful to human health and natural ecosystems. Nitrates in water are responsible for negative health effects and for damaged ecosystems in freshwater and coastal waters. In recent years, pollution of ground and surface waters has worsened significantly in the Flemish region and these waters are amongst the most polluted in the European Union. Reports by the Flemish authorities clearly show that successive Flemish nitrate action programmes have failed to deliver results and, to date, pollution levels remain excessively high, posing a risk to humans and the environment.
The Commission sent a letter of formal notice to Belgium in February 2023 calling on the Flemish authorities to take urgent action on nitrate pollution. This was followed by a reasoned opinion in September 2023. Almost five years after the need for urgent action was first recognised by the Belgian authorities, the Flemish region has still not taken the required action. Therefore, the Commission considers that efforts by the Belgian authorities have, to date, been insufficient and is, therefore, referring Belgium to the Court of Justice of the European Union.
Background
The Nitrates Directive aims to protect water quality across Europe by preventing nitrates from agricultural sources that pollute ground and surface waters, and by promoting the use of good farming practices. The Nitrates Directive forms an integral part of the Water Framework Directive and is one of the key instruments in the protection of waters against agricultural pressures.
Excess levels of nitrates can damage freshwaters and the marine environment by promoting excessive growth of algae that chokes other life and kills fish in lakes and rivers – a process known as ‘eutrophication'. Purifying excess nitrates from drinking water is also a very costly process – a cost which is often borne by water distribution companies and sometimes water users such as households.
In February 2023, the Commission referred Belgium to the Court of Justice of the European Union for poor water quality due to nitrates pollution in Wallonia. This case has been closed following the adoption in March 2023 of the Walloon revised nitrates action programme.
