Judgment_paragraph 5 · Proceedings brought by Wasserleitungsverband Nördliches Burgenland and Others (C-197/18)

5The 1st, 3rd, 5th, 6th and 10th to 13th recitals of Directive 91/676 provide:‘Whereas the nitrate content of water in some areas of Member States is increasing and is already high as compared with standards laid down in Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States [(OJ 1975 L 194, p. 26)], as amended by [Council] Directive 79/869/EEC [of 9 October 1979 (OJ 1979 L 271, p. 44)], and Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption [(OJ 1980 L 229, p. 11)], as amended by the 1985 Act of Accession;…Whereas the reform of the common agricultural policy set out in the Commission’s green paper “Perspectives for the common agricultural policy” indicated that, while the use of nitrogen-containing fertilisers and manures is necessary for Community agriculture, excessive use of fertilisers constitutes an environmental risk …;…Whereas the main cause of pollution from diffuse sources affecting the Community’s waters i[s] nitrates from agricultural sources;Whereas it is therefore necessary, in order to protect human health and living resources and aquatic ecosystems and to safeguard other legitimate uses of water, to reduce water pollution caused or induced by nitrates from agricultural sources and to prevent further such pollution; whereas for this purpose it is important to take measures concerning the storage and the application on land of all nitrogen compounds and concerning certain land management practices;…Whereas it is necessary for Member States to identify vulnerable zones and to establish and implement action programmes in order to reduce water pollution from nitrogen compounds in vulnerable zones;Whereas such action programmes should include measures to limit the land-application of all nitrogen-containing fertilisers and in particular to set specific limits for the application of livestock manure;Whereas it is necessary to monitor waters and to apply reference methods of measurement for nitrogen compounds to ensure that measures are effective;Whereas it is recognised that the hydrogeology in certain Member States is such that it may be many years before protection measures lead to improvements in water quality.’