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On Monday, the European Union announced that it plans to take France to court over the country’s failure to prevent water pollution from nitrate runoff.

The EU’s number one agricultural producer has still not designated a number of nitrate vulnerable zones which are more susceptible to pollution and subject to special measures under EU law. The commission said France’s failure to designate the zones means the country has not adopted effective measure to combat pollution in NVZs

The EU is taking France before the European Court of Justice over its inaction, as it claims the country’s farmers could be contributing to severe water pollution, if special measures, including using less nitrogen fertilisers in vulnerable zones, are not observed.

According to the Commission, NVZs should have "closed periods when manure and chemical fertilisers cannot be spread, a capacity for storing manure when it cannot be spread, and limitations on fertiliser application."

Following a warning letter sent in October 2011, the Commission announced this week it would step up its action against France, which has still not designated the zones, an oversight the Commission claimed is having a marked effect, according to water quality analysis from the country.  A Commission spokesperson said that the proceedings had been launched due to the country’s "slow progress and insufficient proposed changes."

In the UK, EU rules over nitrate vulnerable zones have also irked farmers. As part of Defra’s NVZ consultation, the department is proposing changes to silage, slurry and agricultural fuel oil storage regulations which would remove previous exemptions on facilities build before 1991.

This would see all businesses storing slurry having to provide 5 months capacity, Silage clamps being required to have impermeable bases, effluent storage tanks of a certain size, and all fuel oil tanks having to be fully bunded. The NFU has complained that the proposed changes would come at great expense for some farmers, and would be better served on a risk-based rather than blanket approach.

62 per cent of England is currently designated as Nitrate Vulnerable Zone.

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