Vol. 531 No. 2
43 Mr. Rabbitte asked the Minister for the Environment and Local Government the legal actions and complaints being investigated by the European Commission in regard to environmental matters here; the position in respect of each complaint; and if he will make a statement on the matter. [5159/01]
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 in relation to statutory obligations primarily on certain private rural water supplies, Ireland has submitted its defence, and the Commission must lodge its reply with the European Court of Justice by 6 March 2001.
The Commission has also recently issued press releases announcing its intention to initiate European Court of Justice proceedings in two further cases concerning the establishment of water quality standards for certain dangerous substances and the communication of inventories required under the PCBs and PCTs Directive.
Currently the Department is dealing with six Reasoned Opinions under Article 226 of the treaty. A further 11 complaints are at a preliminary stage of investigation under Articles 226/228 and another 17 are the subject of correspondence with the Commission. Details of these are set out in the following tables:
|
Commission'sReference |
Subject Matter |
Current Position |
|
1994/2238 |
Directive 91/676/EECPollution caused by nitrates from agricultural sources |
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. |
|
1994/4274 |
Directive 76/464/EECPollution caused by certain dangerous substances |
Water Quality (Dangerous Substances) Regulations, 2001 which were made on 30 January 2001, prescribe water quality standards for a range of dangerous substances. |
|
1999/2262 |
Directive 96/59/ECDisposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) |
The Environmental Protection Agency is expected to address the safe disposal of PCB/PCT in the proposed National Hazardous Waste Management Plan. |
|
2000/0267 |
Directive 98/101/EECBatteries and accumulators containing certain dangerous substances |
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. |
|
2000/0628 |
Directive 98/08/ECThe 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/ECContained use of genetically modified micro-organisms |
Regulations to transpose the directive will be made shortly. |
|
Commission'sReference |
Subject Matter |
Current Position |
|
1997/4703 |
Directive 85/337/EEC as amended by 97/11/ECGeneral Implementation in Ireland of the Environment Impact Assessment Directive |
Letter received 12 February 2001; is under consideration and reply is being prepared. |
|
1999/0111 |
Directive 98/77/EC Standards for replacement catalytic converters for vehicles and emission standards for the registration of new smaller LPG/CNG-fuelled vehicles |
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. |
|
1999/4099 |
Directive 94/62/ECRecovery targets for Packaging Waste |
Reply being prepared. |
|
1999/4351 |
Directives 75/442/EEC; 80/68/EC |
Initial response in February 2000; now subject to further queries from the Commission including a legal analysis. |
|
1999/4449 |
Directive 85/337/EEC as amended by 97/11/EC.Proposed urban development at the existing urban district of Ballymun, Dublin |
Reply in preparation in consultation with Ballymun Regeneration Company. |
|
99/4478 |
Directives 75/442/EEC; 80/68/EEC Waste facility at Cullenagh, County Cork. |
A reply is in preparation based on information received from Cork County Council and the EPA. |
|
1999/4801 |
Directive 75/442/EEC Waste disposal at Poolbeg Peninsula |
A reply has issued; further investigations are being made. |
|
2000/0081 |
Directive 96/61/EC Integrated Pollution, Prevention and Control |
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. |
|
2000/2047 |
Directive 91/271/EEC Obligations associated with Directive concerning urban waste water treatment. |
Interim reply issued on 6 February, 2001. |
|
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 issued 8 January, 2001. As a result of this complaint a minor amendment is required to regulation S.I. 148 of 1998. |
|
Commission'sReference |
Subject Matter |
Current Position |
|
C-392/96 |
On the assessment of the effects of certain public and private projects on the environmentDirective 85/337/EECas 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 follow-up consultations are taking place with the Commission. |
