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Dáil Éireann - Volume 531 - 22 February, 2001

Other Questions. - Environmental Matters.

9. Mr. Howlin asked the Minister for the Environment and Local Government his response to the allegation made by a person (details supplied) that the Irish authorities were not complying adequately with Brussels on environmental issues; the steps he is taking to ensure full co-operation with the European Union on all environmental matters; and if he will make a statement on the matter. [5142/01]

Mr. Dempsey: I have received a lengthy letter, dated 13 October 2000, from the Environmental Directorate of the European Commission, which provided an analysis of complaints received by the Commission from the public in Ireland. This is part of an ongoing exchange of views with the Commission, which I initiated last year, in relation to implementation and enforcement of Community legislation in Ireland, including the handling of complaints received by the Commission.

The correspondence recognised improvements made by Ireland in the implementation of Com[348] munity directives and offered a number of observations on possibilities for reducing numbers of complaints and or refining the roles of the relevant authorities involved. It was not suggested that the Irish authorities were not complying adequately with the Commission on environmental issues.

The most recent Commission report on the monitoring of Community legislation, published in June 2000 confirmed that at 31 December 1999 in the environment area Ireland had implemented 96.6% of environment related directives. There are more than 200 separate pieces of EU. legislation relating to the environment.

It is my Department's policy to respond as promptly as practicable to correspondence from the Commission in relation to environmental matters.

I have arranged to circulate in the Official Report a tabular statement of the position concerning infringements and complaints currently notified.

While my Department has responded to the Commission in recent months on a range of specific issues, and maintained contacts with the Environment Directorate, a comprehensive reply will issue to the letter of 13 October last on completion of consultations with the range of other Departments and agencies directly concerned.

Reasoned Opinions under Article 226

Commission's

Reference

Subject Matter

Current Position

1994/2238

Directive 91/676/EEC

Pollution caused by nitrates from agricultural sources

A comprehensive response is being prepared.

Specific statutory provision to be made and nitrate vulnerable zones to be designated in 2001 in respect of identified groundwaters in five counties.

1994/4274

Directive 76/464/EEC

Pollution caused by certain dangerous substances

Water Quality (Dangerous Substances) Regulations, 2001 which were made on 30 January 2001, prescribe water quality standards for a range of dangerous substances.

1999/2262

Directive 96/59/EC

Disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

The Environmental Protection Agency is expected to address the safe disposal of PCB/PCT in the proposed National Hazardous Waste Management Plan.

2000/0267

Directive 98/101/EEC

Batteries and accumulators containing certain dangerous substances

The Waste Management (Hazardous Waste) (Amendment Regulations, 2000 (S.I. No. 73 of 2000) which came into operation on 1 May 2000 gave effect to the provisions of Commission Directive 98/101/EC. A copy of the Regulations was sent to the European Commission on 10 May 2000 as formal notification of compliance with the Directive. The Commission have been advised that this issue has been addressed already. A response is awaited from the Commission.

2000/0628

Directive 98/08/EC

The placing of biocidal products on the market

Consideration being given, by Departments/Agencies concerned, to arrangements for transposition and implementation of the Directive.

2000/0626

Directive 98/81/EC

Contained use of genetically modified micro-organisms

Regulations to transpose the Directive will be made shortly.

[349] Preliminary Investigation prior to Article 226 proceedings.

Commission's

Reference

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 received 12 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

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.

2000/2047

Directive 91/271/EEC Obligations associated with Directive concerning urban waste water treatment.

Interim reply issued on 6 February 2001.

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's

Reference

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.

Initial letters of enquiry received from the European Commission.

In respect of a number of complaints, the subject matter involved is under examination in con[350] sultation 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:

[351] Subject Matter

Implementation of Directive 76/160/EEC concerning the quality of bathing water.

IPC licences for Killamuck bog, County Laois.

Waste disposal on wetlands on foreshore at Greenore, County Louth.

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, Co. 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.

Waste disposal at Ballymurtagh, County Wicklow.

Industrial development within an indicated proposed SAC in County Donegal.

Hopeland, Wexford Harbour – Dumping/Dyke construction.

Disposal of waste on wetlands in County Waterford.

Mr. Gilmore: How many legal actions have been commenced or are under consideration by the European Commission against Ireland for non-implementation of EU directives on the environment? What reply, if any, did the Minister give to the director general's observation that with 1% of the population of the European Union, Ireland has 10% of the entire number of environmental complaints made to the Commission? What reply did he give to the director general's criticism of what he called a policy of non-prosecution, which was being pursued by the Environmental Protection Agency, Dúchas, and the local authorities in respect of various environmental matters?

Mr. Dempsey: There are currently two cases before the European Court of Justice.

Mr. Gilmore: How many have started and how many are in the pipeline?

Mr. Dempsey: There are only two cases. There are a number of stages. Complaints can generally be defined as cases referred by the European Commission to the European Court of Justice. There are two such cases. Reasoned Opinions are issued under Articles 226 and 228 of the treaty. That is the first formal step in initiating infringement proceedings. Letters are then sent under Articles 226 and 228.

Mr. Gilmore: How many have been sent?

Mr. Dempsey: I will try to obtain that information for the Deputy. I do not keep—

Mr. Gilmore: I am surprised the Minister does not. Are there too many to count?

Mr. Dempsey: I would not say so.

Mr. Gilmore: How many?

Mr. Dempsey: Does the Deputy want me to answer the other questions and then return to this or does he want me to look through my notes for the figure?

[352] Mr. Gilmore: I do not mind as long as the Minister answers the question.

Mr. Dempsey: That is what I am here for. I have no problem whatsoever answering questions. I have not formally replied to the letter of 13 October because I am co-ordinating responses, as agencies, other than my Department, are involved. I initiated the contacts with the Commission. I discussed the matter with the Commissioner and the legal services to ascertain whether the procedure could be streamlined. While I would like a scenario where there would be no complaints before the European Commission, it is a good reflection on the Irish people that they are taking such an interest in the environment. I have increased the public's awareness in the past three or four years.

Mr. Gilmore: The Minister has done that all right.

Mr. Dempsey: I am not ducking the issues, unlike the Labour Party in its waste policy.

Mr. Gilmore: The Government voted it down.

An Ceann Comhairle: Will the Deputy, please, allow the Minister to conclude?

Mr. Gilmore: The Minister did not give me the number.

Mr. Dempsey: We have the Paul Daniels solution from the Green Party and the Walter Mitty solution from the Labour Party. There are two cases before the European Court of Justice. Reasoned Opinions have been issued in six cases. One Article 228 letter and one Article 226 letter have been issued.

Mr. Gilmore: Why has the Minister not replied to the letter of 13 October?

Mr. Dempsey: Because I am giving it every consideration.

Mr. Gilmore: How big will the file be?

Mr. Dempsey: We must get that far.

[353] Mr. Gilmore: We are getting there quickly under the Minister.

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