Written Answers. - EU Directives.
Pat Rabbitte
Question:
151
Mr. Rabbitte
asked the
Minister for the Environment and Local Government
the number of cases in which the European Commission has initiated legal action or announced that it intends to take legal action, arising from the failure by this country to implement EU directives for which his Department has responsibility; the steps he is taking to ensure that all of these directives are implemented in full; and if he will make a statement on the matter.
[2391/03]
The first case concerns the nitrates directive 91/676/EEC. Ireland's defence and rejoinder have been lodged and the opinion of the Advocate General and the judgment of the European Court of Justice (ECJ) are awaited. With regard to implementation of this directive, proposals are being developed for an action programme, including regulations, to strengthen the application of good agricultural practice in all areas and to give further effect to the nitrates directive and other directives in relation to waste and water quality. The detailed provisions of these regulations and the action programme will be developed in consultation with farming and other interests.
The Government has, recently, in the context of discussions for development of a new national partnership agreement, indicated its position that the action programme should be applied to all areas (whole territory approach) and has also indicated the limits on land spreading of organic nitrogen (in animal slurry) that will apply generally and in derogations.
The second case concerns the adoption of programmes for the protection of designated shellfish in waters in accordance with Article 5 of Council Directive 79/923/EEC. The directive has been fully transposed into Irish law, and action programmes recently made by the Minister for Communications, Marine and Natural Resources are now under consideration by the European Commission.
The third case concerns the dangerous substances directive (76/464/EEC). Ireland lodged its defence by the due date, 29 November 2002. This directive has been substantially implemented by the Local Government (Water Pollution) Acts 1977 and 1990 and related legislation. For the purposes of the directive, water quality standards have been established for phosphorous and 14 other substances including certain pesticides, solvents and metals. Monitoring by the EPA indicates that the main threat to Irish water quality is eutrophication due to excess nutrient inputs and that dangerous substances are generally not a problem. It is envisaged that the directive will be further implemented in the context of implementation of the water framework directive (60/2000/EEC). The European Commission's response to Ireland's defence is awaited.
The fourth case relates to a number of waste issues, including progress in the licensing by the EPA of municipal waste landfills, and the regulatory control of waste activities by local authorities and the EPA. Ireland's defence, which has been submitted, is based in part on the fact that relevant requirements of Council Directive 75/442/EEC have been fully transposed under the Waste Management Act 1996 and subordinate regulations, and that the process of licensing municipal landfills is virtually completed.
The fifth case relates to the volatile organic compounds directive (1999/13/EC). Regulations transposing the directive into Irish law were made on 28 November 2002 and forwarded to the European Commission on 2 December 2002. The Commission has now indicated its view that Ireland has completed transposition of the directive, and a decision withdrawing proceedings before the European Court is awaited.
The Commission announced on 20 December 2002 that it intends to refer Ireland to the European Court of Justice to propose a daily fine in respect of non-compliance with the environment impact assessment directive with regard to peat extraction. In its press statement announcing its intention, the Commission indicated its hope that this case may be closed in light of my Department's programme of designations for the protection of raised bogs and sensitive peatlands.
Question No. 152 answered with Question No. 123.
