Dáil Éireann debate -
Thursday, 25 May 2000

Vol. 519 No. 7

Written Answers. - EU Investigations.

Jan O'Sullivan

Question:

50 Ms O'Sullivan asked the Minister for the Environment and Local Government the legal actions and complaints being investigated by the European Commission in regard to environmental matters in Ireland; the current position in respect of each; and if he will make a statement on the matter. [14707/00]

Minister for the Environment and Local Government (Mr. Dempsey):

The position with regard to legal actions and complaints being investigated by the European Commission in regard to environmental matters in Ireland which fall within the remit of my Department is as follows.

Waste Management PlansThe European Commission has initiated court proceedings in respect of the 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 plans. Ireland lodged a defence on 30 March 2000 seeking a suspension of the proceedings for three months by which time it is expected all plans will have been adopted.

Private Rural Water SuppliesOn 11 January 2000 the European Commission announced that it had decided to take Ireland to the European Court of Justice for non-respect of certain aspects of Directive 80/778/EEC on the quality of water intended for human consumption. While my Department has not been formally advised of the terms of the court action, it is understood that the Commission is concerned at the relatively high level of microbiological contamination of private group water supplies. It is also concerned that Irish legislation does not provide sufficient legal basis for addressing quality problems in such supplies.

The Commission has been informed of a package of measures being introduced to tackle the water quality problems confronting the group water sector, including a record £420 million investment to improve rural water infrastructure over the period of the National Development Plan 2000-2006 and a major revamp of the grant and subsidy schemes which support the group water sector.

The Commission was also notified of new drinking water regulations made in November 1999 which strengthened the statutory basis for action to improve the quality of deficient group water supply schemes. A further amendment will shortly be made to the regulations to require full compliance with statutory drinking water standards within a specified period.

Proceedings 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 the following.

Council Regulation 259/93 (EEC) – Shipment of WasteThese proceedings arise from non-submission of annual reports under this regulation which covers the supervision and control of shipments of waste, within, into and out of the European Community. The Commission is aware that the information required for the reports is complex and must be gathered from a number of sources. It is intended that completed reports will be submitted by mid-end June 2000.

Directive 76/464/EEC – Protection of Water against Pollution by Dangerous SubstancesThese proceedings refer to specific issues arising under Directive 76/464/EEC on the protection of water against pollution by dangerous substances. A reply has issued to the Commission. New regulations in request of a number of these substances are currently being finalised in my Department.

Reporting Directive (91/692 EEC)This complaint refers to the submission of reports on the implementation of water directives under Directive 91/692/EEC. A reply has issued to the Commission.

A further 15 preliminary complaints have been notified to my Department and the current position is as set out in the following table.

Complaints at Preliminary Stage

Subject Matter	Current Position
Industrial development within an indicated proposed SAC in County Donegal	Reply will issue in June.
Impact assessment of a pig rearing installation at Stradbally, County Waterford	Reply will issue in June.
Waste disposal facility operating without permit in County Laois.	Interim reply issued, waiting on further information from the local authority
Landfills allegedly operating without permits at Kilbarry and Tramore, County Waterford	Information has been received from the EPA and Waterford County Council. A reply will issue shortly.
Alleged illegal waste disposal at Poolbeg Peninsula.	A reply will issue on completion of necessary investigations.
Alleged illegal deposition at Hopeland, Wexford Harbour	Wexford County Council has provided a report on the matter. A reply will issue to the Commission shortly.
Concerns regarding Pollardstown Fen and the Kildare by-pass	Interim replies were issued in June and December 1999.A final reply will issue shortly.
Failure to fulfil obligations under Directive 96/59/EC on the disposal of PCBs and PCTs	The Commission has issued warning letters to 14 member states, including Ireland, non-compliance with certain provisions of the directive.The information as required by the Commission is currently being compiled and will issue shortly.
Implementation of Directive 96/61/EC on Integrated Pollution Prevention Control	An interim reply issued in April 2000. While Environmental Protection Agency Act, 1992, substantially meets requirements involved, proposals for legislation are in preparation to ensure full compliance.
Subject Matter	Current Position
Waste facility allegedly operating without a permit at Cullenagh, County Cork	Information has been received from Cork County Council and the EPA and a reply will issue shortly.
Pollution damage to fish hatchery on a tributary of the River Liffey.	June
Pollution damage to Lough Gill	The local authority and various agencies have provided information in relation to this complaint.A reply will issue shortly.
Impact assessments on pig rearing installations including catchment area of the River Nore.	Reply will issue in June.
Incomplete transposition of Directive 91/676/EEC on Pollution caused by nitrates from agriculture.	Interim replies issued in June and November 1999. Regulations to complete the transposition of the directive are currently being drafted.
Incorrect application of Directive 79/409/EEC (Wild Birds) & 92/43/EEC (Habitats) to Dublin Bay in respect of a range of plans and projects.	Reply will issue in June.