Written Answers. - EU Directives.
Jan O'Sullivan
Ceist:
20
Ms O'Sullivan
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 to implement EU directives for which his Department has responsibility; the steps he is taking to ensure all these directives are implemented in full; and if he will make a statement on the matter.
[17352/02]
Bernard Allen
Ceist:
167
Mr. Allen
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 the Government to implement EU directives for which his Department has responsibility; the steps he is taking to ensure all these directives are implemented in full; and if he will make a statement on the matter.
[17528/02]
Bernard Allen
Ceist:
237
Mr. Allen
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 to implement EU directives for which his Department has responsibility; the steps he is taking to ensure all these directives are implemented in full; and if he will make a statement on the matter.
[17620/02]
I propose to take Questions Nos. 20, 167 and 237 together.
There are five cases in respect of which the European Commission has initiated legal action in areas for which my Department has responsibility.
The first case relates to the drinking water directive, 80/778/EEC, and concerns drinking water quality particularly in relation to private group water schemes. The Advocate General gave his opinion on the case in April 2002 and the judgment of the ECJ is awaited. The major drive to tackle quality deficiencies in this sector is being maintained and expanded, with a focus on all areas of relevance – sources, distribution, analytical programmes and services, full definition of quality problems, management aspects, treatment options and costings. This is being underpinned by a commitment of €644 million, current prices, under the National Development Plan 2000-2006 for the rural water programme and a radically improved grants scheme.
Other measures being pursued in partnership with the National Federation of Group Water Schemes, NFGWS, include the establishment of the national rural water monitoring committee, the provision by my Department of financial support to the NFGWS and the introduction on a pilot basis of a quality assurance scheme for the group sector by the NFGWS with the backing of my Department. A new comprehensive group water scheme monitoring programme, beginning later this month, will sample and analyse drinking water in the estimated 1500 group schemes falling within the remit of the European Communities (Drinking Water) Regulations, 2000 which come into operation on 1 January 2004.
The second case concerns the nitrates directive, 91/676/EEC. Ireland's defence and rejoinder have been lodged and the opinion of the Advocate General and the judgment of the ECJ are awaited. The position with regard to implementation of this directive is set out in my reply to Question No. 1491 on 9 October 2002. The third case concerns the quality of shellfish waters, Council Directive 79/923/EEC. The European Commission has initiated proceedings in relation to Ireland's failure to fulfil its obligations under Council Directive 79/923/EEC on the quality required of shellfish waters by reason of its failure to adopt programmes for the protection of designated shellfish in accordance with Article 5 of the directive. The directive has been fully transposed into Irish law and action programmes recently made by the Minister for Communications, Marine and Natural Resources are now under consideration by the Commission.
The fourth case concerns the dangerous substances directive, 76/464/EEC, in relation to which the Commission initiated legal action on 31 July 2002. Ireland is required to lodge its defence by 25 November 2002. This directive has been substantially implemented by the Local Government Water Pollution Acts 1977 and 1990 and related legislation. Also, for the purposes of this directive water quality standards have been established for phosphorous and 14 other substances including certain pesticides, solvents and metals. However, EPA monitoring indicates that dangerous substances, other than phosphorous, are not a problem in Irish waters generally. It is envisaged that the directive will be further implemented in the context of implementation of the water framework directive, 60/2000/EEC.
The fifth 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. The deadline for the submission of Ireland's defence was extended to 30 October 2002. That defence has been submitted and is based in part on the fact that relevant requirements of Council Directive 75/442/EEC have been fully transposed under the Waste Manage ment Act, 1996 and subordinate regulations and that the process of licensing municipal landfills is virtually completed.
The Commission has announced its intention to take legal action, but no formal notice has issued, in one other case, in relation to the volatile organic compounds, VOC, directive. A Commission press statement dated 8 July 2002 stated that Italy, Ireland, the United Kingdom, Greece and Spain are to be referred to the European Court of Justice and, with Austria, are to receive formal requests to adopt and notify to the Commission all the national measures required to implement the volatile organic compounds directive.
