Belgium referred to Court for insufficient action on nitrate pollution

The European Commission refers Belgium to the EU Court of Justice for insufficient action on nitrate pollution in the Flemish region. In recent years, pollution of ground and surface waters has worsened significantly in Flanders. 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.

In a Press Release published the 25^th of July 2024 the European Commission writes they 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.

Nitrates Directive

The Nitrates 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.

Risks of high levels of nitrates

High 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. According to a Danish study nitrates in groundwater and drinking water are suspected of increasing the risk of colon and rectal cancer. A new study from Aarhus University shows there is a correlation between the concentration of nitrate and colon and rectal cancer even if the concentration is much smaller than the European norm of 50 milligram per litre. The Danish researchers now plea to lower the norm of nitrate in the Drinking Water Directive.

Wallonia

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.