The latest figures submitted by Germany in 2012 and several recent reports from the German authorities show worsening nitrate pollution in groundwater and surface waters, including the Baltic Sea.
Despite these trends, Germany has not taken sufficient additional measures to effectively address nitrates pollution and revise its relevant legislation to comply with the EU rules on nitrates (Council Directive 91/676/EEC). Since the Commission considers that the water pollution by nitrates is also not sufficiently addressed in the framework of the ongoing revision of the national action programme, it has decided to refer Germany to the Court of Justice of the EU.
Background
The Nitrates Directive (Council Directive 91/676/EEC of 12 December 1991) aims to protect water quality across Europe by preventing nitrates from agricultural sources, polluting ground and surface waters, and by promoting the use of good farming practices. It requires Member States to monitor their waters and identify those affected by pollution as well as set up appropriate action programmes aiming at preventing and reducing such pollution. This Directive forms an integral part of the Water Framework Directive (Directive 2000/60/EC) 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 the growth of algae which chokes other life. This process, known as eutrophication, entails a serious deterioration of water quality and loss of biodiversity. The Presence of nitrates in drinking waters above 50 mg/l can have considerable health impacts on populations, especially on pregnant women and babies. Purifying excess nitrates from drinking water is also a very costly process, mainly supported by households and public authorities.