Dáil Éireann debate -
Thursday, 29 Jun 2000

Vol. 522 No. 4

Written Answers. - Environmental Policy.

Ruairí Quinn

Question:

52 Mr. Quinn 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 here; the current position in respect of each; and if he will make a statement on the matter. [18663/00]

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

The position on 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:

The 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 would have been adopted.

On 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 recently notified of new drinking water regulations made on 20 June 2000, which amend previous regulations and 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:

Proceedings arise from non-submission of annual reports under Council Regulation 259/93 (EEC) – Shipment of Waste 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 now be submitted by mid July 2000.

Further 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 respect of a number of these substances are near finalisation in my Department.

A complaint under Reporting Directive (91/692 EEC) 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	Interim reply issued in June on basis that matter is subject of judicial review; a reply will issue following its conclusion.
Impact assessment of a pig rearing installation at Stradbally, County Waterford	Reply will issue in July.
Subject Matter	Current Position
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 Waterford Corporation, Waterford County Council and the EPA. 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 have provided a report on the matter. A reply will issue to the Commission shortly.
Concerns regarding Pollardstown Fen and the Kildare by-pass	An Interim reply issued in June 1999 and the full reply issued in December 1999.A reply to further issues raised by the commission will issue within one week.
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) regarding 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 the Environmental Protection Agency Act, 1992, substantially meets requirements involved, proposals for legislation are in preparation to ensure full compliance.
Waste facility allegedly operating without a permit at Cullenagh, County Cork	Information has been received from Cork County Council and the EPA. A reply is being finalised and will issue in July.
Pollution damage to fish hatchery on a tributary of the River Liffey.	Information has been received from various agencies and a reply will issue very shortly.
Pollution damage to Lough Gill	Reply issued in June.
Impact Assesments on pig rearing installations including catchment area of the River Nore.	Reply will issue in July.
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 July.