Dáil Éireann díospóireacht -
Thursday, 28 Nov 2002

Vol. 558 No. 3

Written Answers. - EU Directives.

Kathleen Lynch

Ceist:

62 Ms Lynch 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 Ireland to implement EU directives for which his Department has responsibility; the steps he is taking to ensure that all of these directives are implemented in full; and if he will make a statement on the matter. [23876/02]

Minister for the Environment and Local Government (Mr. Cullen)

There are currently five cases in respect of which the European Commission has initiated legal action, or announced that it intends to take legal action, in areas for which my Department has responsibility. The first case concerns the Nitrates Directive 91/676/EEC. Irelands 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 the reply to Question No. 1491 of 9 October 2002.

The second case concerns the adoption of programmes for the protection of designated shellfish in waters in accordance with Article 5 of Council Directive 79/923/EEC. 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 third case concerns the Dangerous Substances Directive 76/464/EEC. Ireland is required to lodge its defence by 29 November 2002. This directive has been substantially implemented by the Local Government (Water Pollution) Acts, 1977 and 1990, and related legislation. For the purposes of this directive, water quality standards have been established for phosphorous and 14 other substances including certain pesticides, solvents and metals. Monitoring by the EPA indicates that the main threat to water quality in Ireland is eutrophication due to excess inputs of phosphorus and, to a lesser extent, nitrates and that dangerous substances are generally not a problem in Irish waters. It is envisaged that the directive will be further implemented in the context of implementation of the Water Framework Directive 60/2000/EEC.

The fourth 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. Ireland's defence, which has been submitted, is based in part on the fact that relevant requirements of Council Directive 75/442/EEC have been fully transposed under the Waste Management Act, 1996, and subordinate regulations, and that the process of licensing municipal landfills is virtually completed.

The fifth case relates to the Volatile Organic Compounds (VOC) Directive 1999/13/EC. Regulations transposing the directive into Irish law are at an advanced stage of preparation and will be the primary defence in this case.