Keywords
Summary

Keywords

Environment - Protection of waters against pollution caused by nitrates from agricultural sources - Directive 91/676 - Scope - Identification of waters affected by pollution - Criteria

(Council Directive 91/676, Art. 3(1) and (2))

Summary

$$Restricting the scope of Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources to exclude certain categories of water owing to the supposedly fundamental role of phosphorus in the pollution of those waters is incompatible with both the logic and the objective of the Directive.

First, notwithstanding the role that phosphorus may play in eutrophication, plant species whose growth is accelerated by nitrogen may appear in such waters, giving rise to a disturbance of the balance between the different organisms which are present there. Secondly, taking account of the fact that the obligations arising from Article 3(1) and (2) of the Directive are intrinsically linked, a restrictive identification of waters affected by pollution or which could be so affected under Article 3(1) would result in an incomplete designation of vulnerable zones under Article 3(2). Finally, while it is true that the Member States have been granted a wide discretion in the identification of waters referred to in Article 3(1) of the Directive, because of the complexity of the assessments which they are called upon to carry out in that context, it nevertheless remains the case that when they carry out that identification, they are obliged to respect the objectives of the Directive, namely, the reduction of water pollution caused by nitrates from agricultural sources.

( see paras 45, 50-51, 53 )