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Dáil Éireann díospóireacht -
Tuesday, 12 Dec 2000

Vol. 528 No. 1

Written Answers. - European Commission Investigation.

Willie Penrose

Ceist:

19 Mr. Penrose asked the Minister for the Environment and Local Government if he will list both the legal actions and complaints being investigated by the European Commission in regard to environmental matters in Ireland; the position in respect of each; and if he will make a statement on the matter. [29450/00]

The position on 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.

There are two cases currently before the European Court of Justice. The first concerns the making of waste management plans. Ireland has submitted its defence and requested an oral hearing in this case, and the response of the European Court is awaited in this regard. In the second case court proceedings have been initiated in relation to statutory obligations primarily on certain private rural water supplies. Ireland is required to, and will, lodge a defence by 18 December 2000.

Current reasoned opinions under Article 226 of the Treaty concern the establishment of water quality standards for certain dangerous substances and the safe disposal of polychlorinated biphenyls and polychlorinated terphenyls. Water quality standards for phosphorus were made in July 1998. Draft regulations for water quality standards for a range of other dangerous substances are being finalised and will be made early in 2001. The Environmental Protection Agency is expected to address the safe disposal of PCB/PCT in the proposed national hazardous waste management plan.

A further 15 complaints are at a preliminary stage of investigation and another 21 are the subject of correspondence with the Commission. Details of these are set out in the following tables which will also be sent to the Deputy and circulated with the Official Report.

Preliminary Investigation prior to Article 226 proceedings.

Commission'sReference

Subject Matter

Current Position

2000/0835

Directive 99/32/EC Reduction in the sulphur content of certain liquid fuels.

Regulations to transpose the Directive in preparation.

2000/0081

Directive 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 in the EPA (Amendment) Bill, the General Scheme for which has been approved by Government.

2000/0628

Directive 98/08/EC The placing of biocidal products on the market.

Consideration being given, by Departments/Agencies concerned, to arrangements for transposition and implementation of the Directive.

2000/0626

Directive 98/81/EC Contained use of genetically modified micro-organisms.

Regulations to transpose the Directive to be made shortly

99/0111

Directive 98/77/EC Standards for replacement catalytic converters for vehicles and emission standards for the registration of new smaller LPG/CNG-fuelled vehicles.

Interim reply issued 18/09/2000. Regulations to transpose the Directive to be made shortly.

99/521794/2238

Pollution caused by Nitrates from Agriculture Directive 91/676/EEC.

A comprehensive response is being prepared. Specific statutory provision to be made and vulnerable zones to be designated early in 2001.

2000/408

Directive 75/442/EEC Re-opening of landfill at Drumabodan on the River Lenna, County Donegal.

Reply to issue to the Commission very shortly.

99/4801

Directive 75/442/EEC Waste disposal at Poolbeg Peninsula.

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

99/4478

Directives 75/442/EEC; 80/68/EEC Waste facility at Cullenagh, County Cork.

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

99/4351

Directives 75/442/EEC; 80/68/EC Licensing of Municipal Waste Disposal facility, Powerstown, County Carlow.

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

99/4099

Directive 94/62/EC Recovery targets for Packaging Waste.

Reply being prepared.

2000/2047

Directive 91/271/EEC Obligations associated with Directive concerning urban waste water treatment.

Interim letter will issue soon.

2000/2195

Directive 86/278/EEC on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.

Reply due by 30 December, 2000.

2000/0261

Directive 99/100/EC adapting to technical progress Directive 80/268/EEC relating to carbon dioxide emissions and the fuel consumption of motor vehicles.

Interim reply issued 18/09/2000.

Preliminary Investigation prior to Article 228 proceedings.

Commission'sReference

Subject Matter

Current Position

C-392/96

On the assessment of the effects of certain public and private projects on the environment Directive 85/337/EEC as amended by 97/11/EC

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 consultations with the Commission will take place in early 2001.

Complaints at Preliminary Stage
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
Urban waste water treatment plant at Innishannon, County Cork
IPC licences for Killamuck bog, County Laois
Waste disposal on wetlands on foreshore at Greenore, County Louth
Proposed construction of incinerator on the Poolbeg Peninsula, Dublin
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, County Kildare, a proposed National Heritage Area
Road development in Mitchelstown, County Cork
Housing Development in Lough Muckno Park (Hopecastle), County Monaghan
Wind Farm project in SAC on Inis Meain.
Waterways Project Phase II – Fishmarket to Eglington Pier in Galway, City
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
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.
Hopeland, Wexford Harbour – Dumping/Dyke construction.
Disposal of waste on wetlands in County Waterford
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