According to two Commission orders sent out 27 October, France needs "to take stronger measures to combat water pollution caused by nitrates" and identify all vulnerable areas. The EU executive notes that France's rules on the spreading of manure and nitrogen-rich fertiliser are not strict enough.
"We expect France, like any other member state, to meet its obligations under EU environmental law and to adopt effective plans to prevent nitrates pollution," Environment Commissioner Janez Potočnik told EurActiv.
"The Commission has a duty to ensure that EU legislation is respected and will not hesitate to bring member states before the court if necessary," he added.
Already in June 2007, the Court of Justice had threatened France on the same issue with a €28 million fine, which the country was ultimately not made to pay.
On 10 October French Environment Minister Nathalie Kosciusko-Morizet issued a decree revising the country's action plans to protect waters from nitrates. This decree had been criticised by environmental groups, saying it increased the ceilings for the spreading of nitrates on farms.
French Green MEP Sandrine Bélier, who had recently petitioned the Parliament to pressure the Commission on the issue, accused the French government of using delaying tactics.
"[The government] has announced a certain number of measures to be taken in 2012, but without any guarantees ... The entire process is being pushed back to June 2012, therefore after the [presidential] elections," she said.
Noting that the European rules in question date from 1991, Bélier added: "We are 20 years late. That's starting to be a long time."
For its part, the Commission considers that "France has agreed to amend its legislation but progress and the proposed changes are insufficient."
Algae in Brittany
The Commission has simultaneously asked information from the French authorities specifically on policies against green algae in Brittany.
In a 17 July letter, the Commission stressed that this year the phenomenon was "of unprecedented magnitude", given that the amount of green algae collected by 30 June on the coasts of Brittany (25,000 m³) was double that picked up at by same time last year.
The Commission further asked for an updated appraisal of all the regulatory, administrative, financial and other measures against green algae, accompanied by a 10-page annex of questions.
France had obtained an additional month to respond but nonetheless missed the 21 October deadline, ultimately replying to the Commission on 23 October. The Commission's official response is expected within a few weeks.
Paris has long been considered a laggard in implementing EU water quality rules. In addition to threat of a fine in June 2007, France was convicted in March 2001 by the Court of Justice for the excessive concentration of nitrates in waters to be used for human consumption.
