The Court of Justice of the European Union (CJEU) has found a number of communities throughout Spain in breach of the 1991 nitrates directive.

The European Commission filed a complaint in 2022 in relation to the breaches, with information dating back to 2015.

The information was relevant to investigations by the commission on monitoring the designation of nitrate vulnerable zones and the measures provided for in the corresponding action programmes in Spain.

Following investigations at the time, the EU Commission decided to initiate infringement proceedings against Spain.

The areas affected included: Comunidad de Castilla y León; Comunidad Autónoma de Extremadura; Comunidad Autónoma de Galicia; Comunidad Autónoma de Baleares; Comunidad Autónoma de Canarias; Comunidad de Madrid; and in the Comunidad Valenciana.

The EU Court found that Spain failed to include all the necessary mandatory measures in those areas.

The nitrate regulations contain specific measures to protect surface waters and groundwater from nutrient pollution arising from agricultural sources.

Under EU law, framework states that 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.

The framework adds that 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.

CJEU found that Spain also did not designate vulnerable zones for the water catchment areas by run-off (surface water) or seepage (groundwater) corresponding to each of the following areas:

Autonomous Community of the Balearic Islands; Community of Madrid; and Community of Valencia.

The court has ordered both the Spanish government and the European Commission to pay their independent legal fees.