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NVZ’s

Christopher Booker's Notebook

Daily Telegraph
(Filed: 22/09/2002)

 

Pointless prohibition - NVZ’s

For an example of the malevolence with which our Brussels/Whitehall system of government treats Britain's countryside, you could not do better than the bizarre story of the EU's nitrates directive.

Thousands of already beleaguered livestock farmers will shortly be forced by Defra to pay out £50 million a year to comply with this 11-year-old directive, based on bogus science, to which our government was initially opposed and which is so absurd that the European Commission has threatened 13 governments with legal proceedings for failing to obey it.

What makes this even odder, as has been pointed out to Defra by Alan Monckton, a Staffordshire dairy farmer who is a technical expert on the directive, is that, under a new Brussels directive, the UK Government has the right to refuse to enforce this nonsensical law because it will damage both public health and the environment.

The story of directive 91/676 goes back more than 20 years. A small number of scientists had claimed that nitrates of the kind produced by nitrogen-fixing crops or by putting animal manure on fields were harmful on two grounds.

First, if leached into drinking water, they caused a very rare condition known as "blue baby syndrome".

Second, they caused algal blooms in estuaries, or eutrophication. Brussels therefore issued a law prohibiting farmers in "nitrate vulnerable zones" (NVZs) from growing certain crops or spreading muck on their fields for several months a year. Providing storage for the forbidden muck could cost a large pig or dairy farm as much £100,000.

Even before the directive came into force, new research from Sweden, Britain, France and Ireland showed how the scientists had got it totally wrong.

Not only were nitrates not the cause of blue baby syndrome, they were actually good for human health - nitrate deficiency can promote conditions such as diabetes and asthma. Furthermore, it is not nitrates that cause eutrophication in rivers but phosphates.

The directive seemed ridiculous and was widely ignored. Brussels, however, can never admit that it is wrong. Once a directive is issued, it is virtually impossible to repeal. Thirteen of the EU's 15 member states were threatened with legal proceedings.

The European Court of Justice, hearing the case against the UK for failing to designate enough NVZs, said it would impose a fine of £50 million if the directive was not fully enforced.

Still odder, however, was the fact that the British government did not even contest the commission's case.

The reason was that in 1991, when the nitrates scare was at its height, the government forced our 29 new private water companies to instal denitrification plants, which to date have cost shareholders£3 billion. If the Government now admits that nitrates are not harmful after all, this might lay it open to a massive compensation claim.

Faced with this embarrassment, Defra has resorted to concealing the likely cost of the directive to farmers with figures which the National Farmers Union has shown, through a detailed survey, to be wild underestimates.

Defra claims that the total cost will be £21 million a year, including £12 million for paperwork. As the NFU shows, the true figure will be well over twice that. Yet, as Mr Monckton has explained to Defra, it has been presented with a perfect get-out by the EU's 2000 water directive.

This would permit Britain to cancel NVZs on health grounds, thus averting a fine from the ECJ and saving farmers £50 million a year. But Margaret Beckett and her fellow farm ministers are now dead-set on enforcing a directive which their own officials opposed as unnecessary and misconceived.

Christopher Booker

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