Commission’s Nitrates Directive weakening draws EU watchdog scrutiny in broader maladministration case
28 May 2026, Brussels – The European Commission’s move to fast-track controversial legislative amendments has sparked a wave of complaints to the European Ombudswoman, the EU’s top watchdog on maladministration. Among them was a complaint filed by the European Environmental Bureau in April 2026 over the ‘RENURE’ act – a change that dramatically increases the amount of manure permitted on agricultural land.
In response to the complaint, Ombudswoman Teresa Anjinho acknowledged the EEB’s concerns that the Commission had departed from its own Better Regulation standards in authorising the use of manure-based fertilisers (RENURE products) above the limits set under the Nitrates Directive [1]. She noted similarities with procedural failings identified in three earlier complaints.
In these cases, the Ombudswoman found the Commission had committed maladministration, prompting written recommendations from the Ombudswoman in November last year. The Ombudswoman indicated that the EEB’s claims appeared consistent with a broader pattern of dubious policymaking already identified as “maladministration”, and the newly presented concerns will therefore be considered in the next steps of the ongoing inquiry.
Sara Johansson, Policy Manager for Water, European Environmental Bureau, said:
“Rushing through weakening of environmental and health protections without proper evidence or assessment of impacts is policymaking behind closed doors. Nitrate pollution already costs taxpayers 60 million euros a day to deal with water pollution alone. Decisions with such high stakes demand transparency.
The Commission failed to carry out proper due diligence – the basic safeguard meant to ensure transparent and responsible decision-making. Crucially, the change was pushed through before the evaluation of the Nitrates Directive had even concluded. The Commission also failed to ensure coherence with other legislations, base the amendment on the best available evidence or to properly consult the public.
The EEB therefore welcomes the Ombudswoman’s decision to forward the EEB’s concerns to the Commission and take them into consideration when preparing the final decision on the Commission’s response to her recommendations.
While the watchdog waits for a response, the Commission ploughs on
While the Ombudswoman’s response is welcome, civil society organisations are concerned about the impacts of the Commission’s announcement, in its Fertiliser Action Plan (see our press release), to further expand the RENURE act, to allow also the application of digested manure above the manure limit in Nitrogen Vulnerable Zones [2]. This risks leading to further water pollution and delay work to close implementation gaps.
ENDS
[1] The Nitrates Directive is a key tool to reduce and prevent water pollution by nitrates from agricultural sources, but it remains poorly implemented, costing EU taxpayers 22 billion euros/year in water pollution alone. In some cases, pollution has resulted in restricted access to drinking water: In 2024, more than 220,000 people in Spain lacked access to drinkable tap water due to unsafe levels of nitrates, caused by excess fertilisers and manure from industrial animal farming.
[2] Nitrogen Vulnerable Zones: areas designated as being at risk from agricultural nitrate pollution.
Notes to editor:
- EEB press release RENURE complaint submission (April 2026)
- EEB reaction following the adoption of RENURE (Feb 2026)
- EEB letter to Commissioner Roswall on initiative to amend Nitrates Directive (Oct 2025)
- EEB response to the RENURE feedback consultation (May 2024)

