European Council Directive 76/464/EEC of 4 May 1976, generally known as the Dangerous Substances Directive, relates to the prevention and reduction of pollution of waters by certain dangerous substances. The directive has been very substantially implemented in Ireland by the Local Govern ment (Water Pollution) Acts and related legislation on water quality, waste management and environmental protection generally.
The 1976 directive generally requires member states to establish an authorisation system in relation to discharges to waters; require that authorisations specify emission limit values in relation to dangerous substances present in the discharges; establish water quality objectives – standards – in relation to dangerous substances; prepare and implement pollution reduction programmes in relation to dangerous substances; and prevent any deterioration of water quality.An authorisation or permit system in relation to discharges to waters has been in place in Ireland since 1978 under the Local Government (Water Pollution) Acts and provides for the attachment of conditions, including emission limit values, in relation to discharges. The Acts generally prohibit the discharge, directly or indirectly, of polluting matter to waters other than discharges in relation to which a permit has been granted. All of the emission standards established under the directive have been transposed into Irish law by a series of regulations under the Acts and related legislation. In addition, water quality standards have been established under Irish law in relation to phosphorus and 14 other dangerous substances including certain pesticides, solvents and metals. Successive studies have shown that the main threat to water quality in Ireland is eutrophication of inland surface waters due to excess inputs of phosphorus, mainly from agricultural sources. A major catchment-based national strategy is in place to combat the eutrophication of rivers and lakes.
The European Commission agrees that phosphorus is the substance of main concern in relation to Irish water quality. The Commission takes the view, however, that Ireland has failed to give full effect to certain aspects of the dangerous substances directive including, for example, to establish water quality standards in relation to all the substances covered by the directive, to prevent an increase in the extent of eutrophication of surface waters subsequent to 1976 when the directive was adopted, to apply the phosphorus standards to all waters and to require authorisation for certain discharges by local authorities from sewers. While no formal notification has been received, the Commission recently indicated its intention to proceed to the European Court of Justice in relation to alleged incomplete implementation of the directive by Ireland.
