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C-396/01 Commission of the European Communities v Ireland

Date
Mar 11, 2004
Source
UNEP, InforMEA
Nom du tribunal
CJEU - Judgment of the Court (Fifth Chamber) of 11 March 2004
Résumé
Case C-396/01 Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Identification of waters affected by pollution and waters which could be affected by pollution – Designation of vulnerable zones which contribute to pollution – Establishment of action programmes in respect of designated vulnerable zones – Monitoring and review) Summary of the Judgment Environment – Protection of waters against pollution caused by nitrates from agricultural sources – Directive 91/676 – Identification of waters affected by pollution or waters which could be affected by pollution – Member States’ obligations – Scope (Council Directive 91/676, Arts 3(1), and 5, paras A(1), (2) and (3) of Annex I) Pursuant to Article 3(1) of Directive 91/676 concerning the protection of waters against pollution caused by nitrates from agricultural sources, read in conjunction with paragraphs A(1) and A(2) of Annex I thereto, the Member States are obliged to identify as waters affected by pollution, or as waters which could be affected by pollution, not only waters intended for human consumption but also all surface freshwaters and groundwaters which have or could have a nitrate concentration in excess of 50 mg/l. Moreover, pursuant to the same article, in conjunction with paragraph A(3) of Annex I to Directive 91/676, Member States are required to identify eutrophic freshwaters or freshwaters at risk of eutrophication in the near future if action pursuant to Article 5 of the directive is not taken. (see paras 25, 43) JUDGMENT OF THE COURT (Fifth Chamber) 11 March 2004(1) (Failure of a Member State to fulfil its obligations – Directive 91/676/EEC – Protection of waters against pollution caused by nitrates from agricultural sources – Identification of waters affected by pollution and waters which could be affected by pollution – Designation of vulnerable zones which contribute to pollution – Establishment of action programmes in respect of designated vulnerable zones – Monitoring and review) applicant, v defendant, THE COURT (Fifth Chamber),, gives the following On those grounds, THE COURT (Fifth Chamber), Jann Timmermans von Bahr R. Grass V. Skouris Registrar President
Texte intégral
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