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Dáil Éireann debate -
Wednesday, 8 Nov 2000

Vol. 525 No. 3

Written Answers. - EU Directives.

Brian O'Shea

Question:

159 Mr. O'Shea asked the Minister for the Environment and Local Government if he will list 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. [24782/00]

Ivan Yates

Question:

259 Mr. Yates asked the Minister for the Environment and Local Government the number of directives his Department and the Government are in breach of in relation to environmental issues; and the precise stage that each directive is at in terms of implementation. [24899/00]

I propose to take Questions Nos. 159 and 259 together.

The position on directives which have yet to be fully transposed or implemented and other legal actions and complaints being investigated by the European Commission in regard to environmental matters, which fall within the remit of my Department, is as follows:

Infringement Proceedings under Article 226 of the Treaty on European Union

Directive Number

Subject

Current Position

75/442/EEC91/689/EEC94/62/EC

Concerning the making of waste management plans

The European Commission has initiated court proceedings. Ireland has requested an oral hearing in this case and awaits the response of the European Court in this regard.28 of 34 county councils-county boroughs have adopted waste management plans.

76/464/EEC

Establishment of water quality standards for certain dangerous substances under the Dangerous Substances Directive

The European Commission has issued a Reasoned Opinion under Article 226 of the Treaty in relation to specific issues arising under this Directive. A reply has issued to the Commission. Water quality standards for phosphorus were made in July, 1998 and statutory provision will shortly be made for water quality standards for a range of other dangerous substances.

80/778/EEC

Drinking water

Implemented by European Communities (Quality of Water for Human Consumption) Regulations 1988 and subsequent amending regulations. The most recent amending regulations were made on 20 June 2000.European Court of Justice proceedings have been initiated in relation to statutory obligations on private rural water supplies. Ireland is required to lodge a Defence by 18 December, 2000 and this is currently being prepared.

Directive Number

Subject

Current Position

91/676/EEC

Pollution caused by nitrates from agriculture

The European Commission has issued a Reasoned Opinion under Article 226 of the Treaty. Groundwaters in five counties have been recently identified as being polluted or susceptible to pollution by nitrates from agricultural sources. Specific statutory provision to be made and vulnerable zones to be designated early in 2001. A comprehensive response is being prepared to the complaint.

96/59/EC

Disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

The European Commission has issued Reasoned Opinions to eight member states including Ireland regarding non compliance with certain provisions of the Directive. The EPA has been asked to address the issue in the proposed National Hazardous Waste Management Plan. A reply will issue following the adoption of the plan.

Preliminary Investigation prior to Article 226 proceedings.

Directive Number

Subject Matter

Current Position

85/337/EECas amended by97/11/EC

On the assessment of the effects of certain public and private projects on the environment

Substantially implemented by European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 and the Local Government (Planning and Development ) Regulations, 1999. A number of issues raised in the ruling by the European Court of Justice in September 1999 (Case C-392/96) are being addressed in consultation with the Commission Services. A further letter has been received from the European Commission and a reply will issue shortly.

96/61/EC

Integrated pollution, prevention and control

European Commission was advised that Directive has been substantially anticipated by EPA Act, 1992; will be fully implemented by means of appropriate amendments to the Act.

98/08/EC

The placing of biocidal products on the market

Consideration being given, by Departments and Agencies concerned, to arrangements for transposition and implementation of the Directive. A letter will issue to the European Commission shortly.

98/69/EC

Emission standards for the registration of new passenger cars and some light commercial vehicles

Regulations to transpose the Directive to be made shortly.

98/77/EC

Standards for replacement catalytic converters for vehicles and emission standards for the registration of new smaller LPG/CNG-fuelled vehicles

Regulations to transpose the Directive to be made shortly.

98/81/EC

Contained use of genetically modified micro-organisms

Regulations are in preparation. A letter will issue to the European Commission shortly.

99/32/EC

Relating to a reduction in the sulphur content of certain liquid fuels

Regulations in preparation.

91/271/EEC

Obligations associated with Directive concerning urban waste water treatment.

Interim letter will issue in November.

75/442/EEC

Re-opening of landfill at Drumabodan on the River Lenna, County Donegal

Information has been requested from Donegal County Council and EPA. Letter to issue on completion of investigations.

75/442/EEC

Illegal waste disposal at Poolbeg Peninsula

A letter is currently being prepared on the basis of information received from Dublin Corporation.

75/442/EEC80/68/EEC

Licencing of Municipal Waste Disposal facility, Powerstown, County Carlow

Initial response in February 2000; now subject to further queries from the Commission.

94/62/EC

Packaging Waste

Complaint received very recently.

75/442/EEC80/68/EEC

Waste facility allegedly operating without a permit at Cullenagh, County Cork.

A letter is in preparation based on information received from Cork County Council and the EPA.

In respect of a number of complaints, the subject matter involved is under examination in consultation with the appropriate bodies or local authorities, and replies will issue to the European Commission as soon as possible. The complaints involved are as follows:
Subject Matter
Sewage Pollution at Tramore Pier, County Waterford.
Waste disposal facility at Killurin, County Wexford.
Alleged illegal waste disposal on wetlands on foreshore at Greenore, County Louth.
Proposed construction of incinerator on the Poolbeg Peninsula, Dublin.
Exclusion of area previously proposed for inclusion in Sandymount Strand and Tolka Estuary SPA, Dublin.
Urban development associated with a proposed inner relief road in Sligo (Mid-block Route).
Urban Development at Stepaside, County Dublin.
Failure to undertake EIA on Urban Development at Leixlip, County Kildare.
Alleged peat extraction at Mouds Bog, County Kildare, a proposed National Heritage Area.
Road development in Mitchelstown, County Cork.
Powerline project between the townlands of Tursillagh and Ballybegan, near Tralee, County Kerry.
Housing Development in Lough Muckno Park (Hopecastle), County Monaghan.
Wind Farm project in SAC on Inis Meáin.
Waterways Project Phase II – Fishmarket to Eglington Pier in Galway City.
Road and street development in Galway.
Street enhancement scheme through the medieval core of Galway.
Development consent for gas-fired powered plant at Platin, County Meath.
Proposed Cement works at Kinnegad, County Meath.
Proposed imposition of participation fees on citizens wishing to make submissions on development consent procedures.
Waste disposal at Ballymurtagh, County Wicklow.
Industrial development within an indicated proposed SAC in County Donegal.
Failure to comply with Waste legislation in County Laois.
Hopeland, Wexford Harbour.
Dumping/Dyke construction.
Landfills allegedly operating without permits at Kilbarry and Tramore County Waterford.
Alleged illegal disposal of waste on wetlands in County Waterford.
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