1
In this introductory session, remind the participants that although a Directive
usually fixes the objectives to reach and leaves the choice of means up to the
MS, they still have a number of obligations to fulfill.
-In the 80’s increase of pollution is inter alia due to the introduction of intensive
farming methods – emphasize already here the link between environment and
agriculture.
-EU legislation on water was limited and not streamlined
-The combination of these elements lead to the Frankfurt conference which in
turn lead to the adoption of these two directives in 1991.
During this slide, the participants should have the directive in front of them.
Explain the nature of the amendments, in the sens that they refer to the
possibility for the Commission to adopt implementing acts in order to modify
the annexes of the Directive – see articles 8 & 9 of the Directive.
Quote article 10 from the WFD or make the participants read the explicit
reference to the nitrates directive (and others) made in this article.
CAP= Common agricultural policy. This link is important in the light of the
integration principle contained in Art. 11 of the TFEU. Need for cross-
compliance with EU environmental legislation in all EU policies.
Remind the usual structure of a directive: Art 1 states the objectives, following
articles give the key definitions etc.
Self-explanatory
Emphasize the importance of monitoring and reporting obligations contained in
Art 5(6)
Quote and link articles 3(2) and 5.
Self-explanatory
Self-explanatory
More stringent measures because the nitrates Directive is not a full
harmonisation directive but a minima. Explain the difference stressing the fact
that harmonisation a minima does not mean lower standards of protection.
Self-explanatory
The case-law quoted is about France’s failure to designate vulnerable zones
and consequently take preventive measures in these zones.