Vol. 534 No. 2
8 Mr. Penrose 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; and if he will make a statement on the matter. [10157/01]
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 making waste management plans. Ireland has submitted its defence and requested an oral hearing in this case. 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, the Commission has responded to Ireland's defence and Ireland has a further right of reply by 23 May, 2001.
The four current reasoned opinions under Article 226 of the treaty, concern the establishment of water quality standards for dangerous substances, the protection of water against pollution caused by nitrates from agricultural sources, the full implementation of the directive on polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT), and the placing of biocidal products on the market. Regulations for water quality standards for a range of dangerous substances were made in January, 2001. Specific statutory provision will be made, and nitrate-vulnerable zones will be designated this year in respect of already identified ground waters in five counties. The Environmental Protection Agency is expected to address the full implementation of the PCB/PCT directive in the proposed National Hazardous Waste Management Plan, and will engage consultants to assist in the development of an inventory of PCB-contaminated equipment. Consideration is being given by the Department and agencies concerned to arrangements for transposition and implementation of the biocides directive.
While the Commission recently announced its intention to initiate European Court of Justice proceedings in relation to the control of dangerous substances in the aquatic environment, and the implementation of the PCB/PCT directive, no formal notifications have been received.
A further eleven complaints are at a preliminary stage of investigation under Articles 226 and 228, and another 16 are the subject of correspondence with the Commission. Details of these are set out in tables which will be sent to the Deputy and circulated in the Official Report.
Preliminary Investigation prior to Article 226 proceedings
|
Commission'sReference |
Subject Matter |
Current Position |
|
1997/4703 |
Directive 85/337/EEC as amended by 97/11/EC.General Implementation in Ireland of the Environment Impact Assessment Directive. |
Letter of 9 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/EC.Recovery targets for Packaging Waste. |
Reply being prepared. |
|
1999/4351 |
General Application of 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. |
|
Commission'sReference |
Subject Matter |
Current Position |
|
2000/2047 |
Directive 91/271/EEC Obligations associated with Directive concerning urban waste water treatment. |
Interim reply issued on 6 February, 2001.Further reply being prepared. |
|
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. |
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 follow-up consultations are taking place with the Commission. |
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
Implementation of Directive 76/160/EEC concerning the quality of bathing water.
IPC licences for Killamuck bog, County Laois.
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.
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.
Industrial development within an indicated proposed SAC in County Donegal.
Hopeland, Wexford Harbour – Dumping/Dyke construction.
Removal of spoil from Stagrennan Polder, County Louth, and the restoration of this part of the SPA.
Disposal of waste on wetlands in County Waterford.
An Leas-Cheann Comhairle: A brief supplementary question from Deputy Penrose. Deputy Gilmore will substitute.
The Deputy is not half the man.
I am catching up. Is the Minister not ashamed at the number of cases which are being brought by the European Commission against him and against this Government, for their failure to protect the Irish environment? Has the Minister yet responded to the damning letter which was sent by the Environment Commissioner on 9 February, which criticised him for not responding to earlier correspondence which had been sent in August of last year?
I would obviously prefer that there were no complaints. If the Deputy has a look at the table accompanying my answer, there are a whole range of directives which were supposed to be put in place before I became Minister for the Environment and Local Government. We have at the moment by the Commission's own admission, transposed 96.6% of all environmental directives. I accepted that there were difficulties in some cases about replying promptly to the Commission. Many of the letters of complaint relate to matters that are not directly within the control of the Department. They are within the remit of other agencies.
