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Dáil Éireann debate -
Wednesday, 26 Jan 2000

Vol. 513 No. 1

Written Answers. - EU Directives.

Eamon Gilmore

Question:

87 Mr. Gilmore asked the Minister for the Environment and Local Government the action, if any, he will take on foot of the decision of the European Commission to take legal action against Ireland arising from the failure to comply with EU directives regarding water quality and asbestos; the other directives in the environment area in respect of which the commission has opened infringement proceedings against Ireland; the steps, if any, being taken to ensure that the requirements of the two directives are met; and if he will make a statement on the matter. [1569/00]

Bernard J. Durkan

Question:

99 Mr. Durkan asked the Minister for the Environment and Local Government if his attention has been drawn to the action being taken by the European institutions against the Government in relation to water quality; if so, when his attention was drawn to the likelihood of these proceedings; the action or actions, if any, he has taken or will take in response; and if he will make a statement on the matter. [1692/00]

John Gormley

Question:

138 Mr. Gormley asked the Minister for the Environment and Local Government if he will make a statement in relation to legal action being taken by the European Commission against the State for a clear breach of a number of environmental directives. [1739/00]

Bernard J. Durkan

Question:

595 Mr. Durkan asked the Minister for the Environment and Local Government the reason this country has not complied with European regulations in respect of water quality; and if he will make a statement on the matter. [2024/00]

I propose to take Questions Nos. 87, 99, 138, and 595 together.

Infringement proceedings have been notified by the European Commission in respect of environmental directives affecting certain policy areas within my Department's remit.

In the first instance, proceedings have been initiated before the European Court of Justice in respect of failure to implement Directive 97/68/EC concerning emissions of pollutants from engines in non-road mobile machinery. My colleague, the Minister of State Deputy Dan Wallace, made the European Communities (Control of Emissions of Gaseous and Particulate Pollutants from Non-Road Mobile Machinery) Regulations, 1999 (S.I. No. 396 of 1999) on 14 December 1999. These fully transpose the directive into Irish law and I expect they will enable the court proceedings to be concluded without further action.

Secondly, the Commission has initiated court proceedings in respect of failure to implement Directive 75/442/EEC, as amended, on waste, Directive 91/689/EEC on hazardous waste, and Directive 94/62/EC on packaging and packaging waste, with regard to the making of waste management plans. Ireland was originally given until 13 January 2000 to lodge a defence. The Attorney General's office has, with the support of the Commission, formally requested an extension of time which would allow the now advanced waste management planning process to be fully completed.

A press release by the European Commission on 11 January, 2000 indicated its intention to initiate court proceedings relating to two directives; formal notification of these proceedings has not yet been received in my Department. The first of these concerns drinking water quality problems associated with private group water schemes and the adequacy of national regulations, having regard to the requirements of Directive 80/778/EEC. I refer the Deputies to the reply to Question No. 77 on today's Order Paper in which I have outlined the extensive programme under way, and substantial funding in place, to resolve quality problems in rural water supplies.
The second relates to the incomplete transposition of Article 7 of Directive 87/217 EEC on the prevention and reduction of environmental pollution by asbestos. This is now the responsibility of the Department for Enterprise, Trade and Employment. I understand that regulations to complete the implementation of Article 7 of the directive are currently being examined by the Office of the Attorney General. The regulations have been prepared by the Health and Safety Authority and it is anticipated that, when made, they will fully address the Commission's concerns in this case.
Proceedings at an earlier stage, by way of reasoned opinion under Article 226 of the Treaty on European Union, have been notified to Ireland by the Commission in relation to specific issues arising under Directive 76/464/EEC on the protection of water against pollution by dangerous substances, Directive 75/442/EC, and amendments, on compliance with waste legislation and Directive 91/692/EEC on the submission of reports on the implementation of water directives. A reply has issued in each case and the Commission response is awaited.
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