I have received a lengthy letter, dated 13 October 2000, from the Environmental Directorate of the European Commission, which provided an analysis of complaints received by the Commission from the public in Ireland. This is part of an ongoing exchange of views with the Commission, which I initiated last year, in relation to implementation and enforcement of Community legislation in Ireland, including the handling of complaints received by the Commission.
The correspondence recognised improvements made by Ireland in the implementation of Com munity directives and offered a number of observations on possibilities for reducing numbers of complaints and or refining the roles of the relevant authorities involved. It was not suggested that the Irish authorities were not complying adequately with the Commission on environmental issues.
The most recent Commission report on the monitoring of Community legislation, published in June 2000 confirmed that at 31 December 1999 in the environment area Ireland had implemented 96.6% of environment related directives. There are more than 200 separate pieces of EU. legislation relating to the environment.
It is my Department's policy to respond as promptly as practicable to correspondence from the Commission in relation to environmental matters.
I have arranged to circulate in the Official Report a tabular statement of the position concerning infringements and complaints currently notified.
While my Department has responded to the Commission in recent months on a range of specific issues, and maintained contacts with the Environment Directorate, a comprehensive reply will issue to the letter of 13 October last on completion of consultations with the range of other Departments and agencies directly concerned.
Reasoned Opinions under Article 226
Commission'sReference
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Subject Matter
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Current Position
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1994/2238
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Directive 91/676/EECPollution caused by nitrates from agricultural sources
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A comprehensive response is being prepared.Specific statutory provision to be made and nitrate vulnerable zones to be designated in 2001 in respect of identified groundwaters in five counties.
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1994/4274
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Directive 76/464/EECPollution caused by certain dangerous substances
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Water Quality (Dangerous Substances) Regulations, 2001 which were made on 30 January 2001, prescribe water quality standards for a range of dangerous substances.
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1999/2262
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Directive 96/59/ECDisposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)
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The Environmental Protection Agency is expected to address the safe disposal of PCB/PCT in the proposed National Hazardous Waste Management Plan.
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2000/0267
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Directive 98/101/EECBatteries and accumulators containing certain dangerous substances
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The Waste Management (Hazardous Waste) (Amendment Regulations, 2000 (S.I. No. 73 of 2000) which came into operation on 1 May 2000 gave effect to the provisions of Commission Directive 98/101/EC. A copy of the Regulations was sent to the European Commission on 10 May 2000 as formal notification of compliance with the Directive. The Commission have been advised that this issue has been addressed already. A response is awaited from the Commission.
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2000/0628
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Directive 98/08/ECThe placing of biocidal products on the market
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Consideration being given, by Departments/Agencies concerned, to arrangements for transposition and implementation of the Directive.
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2000/0626
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Directive 98/81/ECContained use of genetically modified micro-organisms
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Regulations to transpose the Directive will be made shortly.
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Preliminary Investigation prior to Article 226 proceedings.
Commission'sReference
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Subject Matter
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Current Position
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1997/4703
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Directive 85/337/EEC as amended by 97/11/ECGeneral Implementation in Ireland of the Environment Impact Assessment Directive
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Letter received 12 February 2001; is under consideration and reply is being prepared.
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1999/0111
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Directive 98/77/EC Standards for replacement catalytic converters for vehicles and emission standards for the registration of new smaller LPG/CNG-fuelled vehicles
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Main provisions (covering new vehicles) were transposed by regulations made in December 2000. A residual provision on replacement catalytic converters will be transposed in regulations currently being drafted.
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1999/4099
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Directive 94/62/ECRecovery targets for Packaging Waste
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Reply being prepared.
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1999/4351
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Directives 75/442/EEC; 80/68/EC
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Initial response in February 2000; now subject to further queries from the Commission including a legal analysis.
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1999/4449
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Directive 85/337/EEC as amended by 97/11/EC.Proposed urban development at the existing urban district of Ballymun, Dublin
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Reply in preparation in consultation with Ballymun Regeneration Company.
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99/4478
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Directives 75/442/EEC; 80/68/EEC Waste facility at Cullenagh, County Cork.
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A reply is in preparation based on information received from Cork County Council and the EPA.
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1999/4801
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Directive 75/442/EEC Waste disposal at Poolbeg Peninsula
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A reply has issued; further investigations are being made.
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2000/0081
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Directive 96/61/EC Integrated Pollution, Prevention and Control
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European Commission was advised that the directive has been substantially anticipated by EPA Act, 1992; will be fully implemented by means of appropriate amendments to the Act in the EPA (Amendment) Bill, the General Scheme for which has been approved by Government.
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2000/2047
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Directive 91/271/EEC Obligations associated with Directive concerning urban waste water treatment.
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Interim reply issued on 6 February 2001.
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2000/2195
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Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.
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Reply issued 8 January, 2001. As a result of this complaint a minor amendment is required to regulation S.I. 148 of 1998.
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Preliminary Investigation prior to Article 228 proceedings.
Commission'sReference
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Subject Matter
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Current Position
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C-392/96
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On the assessment of the effects of certain public and private projects on the environmentDirective 85/337/EECas amended by 97/11/EC
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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 are being addressed in consultation with the Commission Services. A detailed letter issued to the European Commission on 14 November 2000 and further follow-up consultations are taking place with the Commission.
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Initial letters of enquiry received from the European Commission.
In respect of a number of complaints, the subject matter involved is under examination in con sultation 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
Implementation of Directive 76/160/EEC concerning the quality of bathing water.
IPC licences for Killamuck bog, County Laois.
Waste disposal on wetlands on foreshore at Greenore, County Louth.
Exclusion of area from Sandymount Strand and Tolka Estuary SPA, Dublin.
Urban development associated with a proposed inner relief road in Sligo (Mid-block Route).
EIA on Urban Development at Leixlip, County Kildare.
Peat extraction at Mouds Bog, Co. Kildare, a proposed National Heritage Area.
Road development in Mitchelstown, County Cork.
Housing development in Lough Muckno Park (Hopecastle), County Monaghan.
Western Distribution road-route into Galway from the western suburb of Knocknacarra.
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.
Waste disposal at Ballymurtagh, County Wicklow.
Industrial development within an indicated proposed SAC in County Donegal.
Hopeland, Wexford Harbour – Dumping/Dyke construction.
Disposal of waste on wetlands in County Waterford.