Written Answers. - EC Directives.
John Bruton
Question:
117
Mr. J. Bruton
asked the
Minister for the Environment
the reason Ireland has not yet transposed into Irish law Directive 87/217/EEC concerning the prevention and reduction of environmental pollution by asbestos; if the State or any local authority here has been sued by any individual who has suffered a loss because of the failure of Ireland to transpose this directive into domestic law; and if the implementation of this directive in Irish law will require legislation to be enacted by Dáil Éireann or if the matter will be dealt with by regulation.
John Bruton
Question:
118
Mr. J. Bruton
asked the
Minister for the Environment
the reason Ireland has not yet transposed into Irish law Directive 91/157/EEC concerning batteries and accumulators containing certain dangerous substances; if the State or any local authority here has been sued by any individual who has suffered a loss because of the failure of Ireland to transpose this directive into domestic law; and if the implementation of this directive in Irish law will require legislation to be enacted by Dáil Éireann or if the matter will be dealt with by regulation.
John Bruton
Question:
119
Mr. J. Bruton
asked the
Minister for the Environment
the reason Ireland has not yet transposed into Irish law Directive 85/337/EEC concerning the assessment of the effects of certain public and private projects on the environment; if the State or any local authority here has been sued by any individual who has suffered a loss because of the failure of Ireland to transpose this directive into domestic law; and if the implementation of this directive in Irish law will require legislation to be enacted by Dáil Éireann or if the matter will be dealt with by regulation.
John Bruton
Question:
120
Mr. J. Bruton
asked the
Minister for the Environment
the reason Ireland has not yet transposed into Irish law Directive 76/464/EEC concerning pollution caused by certain dangerous substances discharged into the aquatic environment; if the State or any local authority here has been sued by any individual who has suffered a loss because of the failure of Ireland to transpose this directive into domestic law; and if the implementation of this directive in Irish law will require legislation to be enacted by Dáil Éireann or if the matter will be dealt with by regulation.
John Bruton
Question:
122
Mr. J. Bruton
asked the
Minister for the Environment
if his attention has been drawn to any EC action within his area of departmental responsibility against this State in respect of the failure of the State to transpose into Irish law an EC Directive; if so, if he will give details of each such directive; the purpose of the directive; and the reason for his Department's failure to transpose it into domestic Irish law to date.
I propose to take Questions Nos. 117, 118, 119, 120 and 122 together.
European Commission proceedings under Article 169 of the Treaty are in train in relation to transposition of the directives listed in the following schedule. I am not aware of any legal suits of the kind referred to in the questions.
Schedule
Directive 76/160/EEC concerning the quality of bathing water.
This directive has been transposed into Irish law by the Quality of Bathing Waters Regulations, 1992 (S.I. No. 155 of 1992). My Department is currently considering a point raised by the EC Commission regarding criteria for designation of waters.
Directive 76/464/EEC on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community.
The Water Pollution and Environmental Protection Agency Acts already provide the means for transposing the requirements of Directive 76/464/EEC into Irish law and further legislation is not required. Regulations are made as necessary to give effect to the requirements of directives dealing with individual dangerous substances adopted within the framework of Directive 76/464/EEC which provides for combating pollution caused by discharges of such substances to the aquatic environment. The Local Government (Water Pollution) Act 1977, (Control of Cadmium Discharges) Regulations, 1985 (S.I. No. 294 of 1985) and the Local Government (Water Pollution) Act, 1977 (Control of Hexachlorocyclohexane and Mercury Discharges) Regulations 1986 (S. I. No. 55 of 1986) give effect to "daughter" directives of Directive 76/464/EEC. Regulations to give effect to subsequent "daughter" directives establishing emission limit values for particular processes are in preparation.
Directive 85/337/EEC concerning the assessment of the effects of certain public and private projects on the environment.
The provisions of Directive 85/337/EEC have been transposed into Irish law primarily by—
—the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S. I. No. 221 of 1988),
—the European Communities (Environmental Impact Assessment) Regulations, 1989 (S. I. No. 349 of 1989), and
—the Local Government (Planning and Development) Regulations, 1990 (S.I. No. 25 of 1990).
The Commission has raised a number of concerns on the adequacy of these transposing measures not all of which are agreed by my Department. Correspondence with the Commission is continuing.
Directive 87/217/EEC on the provision and reduction of environmental pollution by asbestos.
This directive was transposed into national law by the following Regulations: Air Pollution Act, 1987 (Emission Limit Values for Use of Asbestos) Regulations, 1990 (S. I. No. 28 of 1990), European Communities (Control of Water Pollution by Asbestos) Regulations, 1990 ((S. I. No. 31 of 1990) and European Communities (Asbestos Waste) Regulations, 1990 (S. I. No. 30 of 1990). The Commission has stated its view that the latter Regulations do not fully transpose certain provisions of the directive. It is intended to address this matter in further Regulations to be made shortly.
Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances.
Regulations to be made shortly by the Minister for the Environment and the Minister for Enterprise and Employment will, together with appropriate administrative measures, give effect as far as possible to Council Directive 91/157/EEC. It was envisaged that member states should transpose this directive before 18 September 1992. However, some provisions of the Directive cannot be fully implemented because of delay at EC level in drawing up certain detailed arrangements pursuant to Article 4. A Commission Directive incorporating these arrangements is likely to come into force on 1 January 1994 and will require further national regulations for its transposition.
Directive 75/442/EEC on waste and 78/319/EEC on toxic and dangerous waste.
These directives were transposed into national law by the European Communities (Waste) Regulations, 1979 (S. I. No. 390 of 1979) and the European Communities (Toxic and Dangerous Waste) Regulations, 1982 (S. I. No. 33 of 1982) respectively. My Department was satisfied at the time that the regulations gave effect to and respected the essential obligations of these directives. It is intended that certain matters now raised by the Commission will be addressed in the context of the forthcoming Waste Bill.
Directive 79/923/EEC on the quality required of shellfish waters.
Regulations are being drafted to deal with points raised by the Commission on the designation of shellfish areas.
