Belgium asks EU Court to rule on small-scale groundwater abstractions

The Flemish Council for Permit Disputes (RvVb) asked the European Court of Justice in August 2025 to rule on small-scale, permit-exempt groundwater abstractions. Should they be assessed for their effects on nearby nature reserves? The ruling of the EU Court could have far-reaching consequences for small-scale groundwater abstractions in all European Member States.

In Flanders in Belgium there are around 12,000 small-scale, permit-exempt groundwater abstractions. The Flemish environmental organisation Dryade protested against a groundwater abstraction in the municipality of Peer. According to the organisation, the abstraction is causing drought in a nearby nature area, and the effects on the protected environment have not been properly examined.

Natura 2000 site Abeek

The abstraction site in Peer in Belgium is located about 500 meters from the lowland stream Abeek in the province of Limburg. The nature area surrounding the Abeek has been designated as a Natura 2000 site. The groundwater is being extracted from a depth of up to 60 meters, with a maximum of 175 m³ per day and 5,000 m³ per year. The groundwater is used for irrigating five hectares of farmland.

No permit required for small-scale abstraction

Under the Flemish Nature Decree, abstractions of this size (< 5,000 m³) are subject only to a notification requirement. This is why the municipality did not investigate the environmental effects. An assessment is only required when a permit must be issued. Dryade argues that the distinction between permit-required and notification-required activities is inconsistent with European law, specifically in the Habitats Directive. That is why Dryade asked the Flemish Council for Permit Disputes RvVB to rule on the matter and RvVB decided to ask the European Court of Justice for a ruling.

Ruling with far-reaching consequences

The ruling could have far-reaching consequences, says Dryade. According to the environmental group, Flanders has about 12,000 small-scale, permit exempt groundwater abstractions out of a total of 34,000. A judgment by the European Court of Justice could mean that these permit-exempt abstractions require an environmental impact assessment. According to Dryade-director Dries Verhaeghe this would be a major step in the fight against drought.