Written Answers. - EU Directives.
Ruairí Quinn
Question:
175
Mr. Quinn
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 Ireland 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.
[12967/03]
There are currently six cases in respect of which the European Commission has initiated legal action, or announced that it intends to take legal action, in areas for which my Department has responsibility.
The first case concerns the Dangerous Substances Directive (1976/464/EEC). This directive has been substantially implemented by the Local Government (Water Pollution) Acts 1977 and 1990 and by related Acts and regulations e.g. Environmental Protection Agency Act 1992 and the Waste Management Act 1996. Water quality standards for phosphorus were made in July 1998 and water quality standards for a range of other dangerous substances were made in January 2001. Monitoring by the EPA indicates that the main threat to water quality in Ireland is eutrophication due to excess inputs of phosphorus and, to a lesser extent, nitrates, and that dangerous substances are generally not a problem in Irish waters. It is envisaged that the Directive will be further implemented in the context of implementation of the Water Framework Directive (60/2000/EEC).
The second case concerns the Nitrates Directive (1991/676/EEC) and the designation of areas as vulnerable zones and the development of action programmes to protect water quality in these areas. The Government position is that an action programme, including regulations, will be applied in the whole country and will provide statutory support for the application of established standards of good agricultural practice. The detailed provisions of the action programme and related research and monitoring programmes will be developed as a matter of urgency, in consultation with the main farming organisations and other interests, with a view to completion this year.
The third 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 have recently been made by the Minister for Communications, Marine and Natural Resources and notified to the Commission. The need for any additional measures is being considered in the Department of Communications, Marine and Natural Resources.
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 related regulations, and that the process of licensing municipal landfills has been completed.
The fifth case concerns the stated intention by the Commission to refer Ireland to the European Court of Justice, and seek the application of a daily fine, in order to enforce a previous judgment of the Court issued in September 1999 in relation to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, particularly in relation to peat extraction. Environmental impact assessment and planning regulations of December 2001 have addressed the legal implications of the ECJ ruling.
I announced proposals for the protection of more than 100 raised bogs on 18 December 2002. The Commission press release also acknowledged that this was an important step towards making Ireland's new system of protection fully operational. Public consultation on the designations of the majority of these peatland sites is now complete. The transmission to the Commission of the Natura sites that were part of these proposals will commence this week. In the light of the good progress being achieved here it is expected that the Commission will not proceed further with the case.
The Commission announced in a press release of 8 April 2003 that Ireland is to be referred to the European Court of Justice for failing to meet the deadline for transposition of the Directive concerning the keeping of wild animals in zoos. My Department is proceeding to transpose the directive into Irish law by way of regulations under the European Communities Act 1972. Consultations have taken place with a view to completing the new regulations later this year.
