Vol. 568 No. 5
124 Mr. Rabbitte asked the Minister for the Environment Heritage 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 that all of these directives are implemented in full; and if he will make a statement on the matter. [16523/03]
There are currently six 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 Dangerous Substances Directive (1976/464/EEC). This directive has been substantially implemented by the Local Government (Water Pollution) Acts 1977 and 1990 and by related Acts and regulations, that is, the Environmental Protection Agency Act 1992 and the Waste Management Act 1996. Water quality standards for phosphorus were made in July 1998 and water quality standards for a range of other dangerous substances were made in January 2001. 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 second case concerns the Nitrates Directive (1991/676/EEC) and the designation of areas as vulnerable zones and the development of action programmes to protect water quality in these areas. Regulations have recently been made which identify on a statutory basis the whole territory of Ireland as the area to which the action programme will be applied. The detailed provisions of the action programme and related research and monitoring programmes will be developed as a matter of urgency, in consultation with the main farming organisations and other interests, with a view to completion this year.
The third 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 have recently been made by the Minister for Communications, Marine and Natural Resources and notified to the Commission. The need for any additional measures is being considered in the Department of Communications, Marine and Natural Resources.
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.
