The Court of Justice of the European Union (CJEU) has condemned Spain this Thursday for not having taken sufficient measures against water contamination by nitrates used in agriculture in eight autonomous communities (Aragón, Balearic Islands, Castilla-La Mancha, Castilla y León, Community of Madrid, Valencian Community, Extremadura and Murcia).
The nitrates directive establishes that EU countries must monitor their waters and identify those affected or likely to be affected by pollution produced by nitrates from agricultural sources. They are also obliged to classify the surfaces whose runoff flows into these waters as zones vulnerable to nitrates and to establish appropriate action programs to prevent and reduce pollution due to this cause.
Excessive levels of nitrates can harm freshwater and the marine environment through a process known as eutrophication, stimulating excessive algae growth that suffocates other life forms and kills fish in lakes and rivers.
The European Commission opened the infringement file in November 2018 by sending a letter of formal notice to Spain, which was followed by a reasoned opinion in June 2020, when it found Spain's non-compliance with the provisions of the Nitrates Directive.
The CJEU ruled that Spain has failed to comply with the Directive on the protection of waters against pollution produced by nitrates from agricultural sources by not having designated as places vulnerable to nitrates some areas of water collection by runoff (surface water) or by infiltration (groundwater) in the Balearic Islands, Community of Madrid and Valencian Community.
Likewise, the Court indicated that Spain has not established all the necessary mandatory measures in action programs of Aragon, Castilla-La Mancha, Castilla y León, Community of Madrid and Extremadura.
The European Justice considered that Spain has not adopted additional measures or reinforced actions in relation to nitrate pollution in Aragon, Castilla-La Mancha, Castilla y León, and Murcia.
