Brussels, 25/01/2001 (Agence Europe) - The European Commission has decided to enter another stage in two infringement proceedings initiated against Ireland which, despite appeals to return to order, continues in its non-compliance with Community legislation on protecting water against pollution. The infringement committed and the stage in the proceedings underway are given below for each case:
1. Dangerous substances. Ireland will be taken before the Court of Justice (third stage in the procedure under Article 226 of the Treaty) for failure to comply with the directive concerning pollution caused by discharging certain dangerous substances into the Community's aquatic environment (76/464/EEC). The directive makes it compulsory for the Member States to finalise programmes for reducing pollution by a whole series of dangerous substances (biocides, heavy metals, fertilisers such as phosphorous, etc.), together with binding objectives concerning the quality of water and a waste authorisation system. The Spanish programmes for reducing pollution do not comply with the requirements of the directive for most of the substances covered. The Commission above all reproaches the Spanish legislation for: a) not fixing a binding target for the content of heavy metals and biocides; b) unduly exempting the local authorities from any obligation to authorise waste; c) not comprising any precise condition that makes authorisation of waste from Irish sea farms subject to the obligation that water quality targets should be respected; d) allowing, in some cases, an unwarranted official tolerance for phosphorous content, a substance that is mainly responsible for the fall in the water quality of Irish lakes and rivers over recent years. In addition, the reports on measures to be taken to reach the quality objectives set for this substance are neither comprehensive nor coordinated.
In a press release, the Commission stresses that the Court has already recalled in a ruling that the programmes for reducing pollution should be precise, comprehensive and coordinated.
Farm nitrates pollution. Ireland will receive a reasoned opinion (second stage in the procedure) for failure to comply with the directive on the protection of waters against pollution by nitrates from agricultural sources (91/67/EEC). Ireland has never conformed to the obligation imposed on all Member States to control surface and subterranean waters, to list waters polluted by nitrates and to designate "vulnerable zones" (that is, those which supply waters already polluted by nitrates). Ireland said there were no waters polluted by nitrates on its territory in order to justify this failure to comply. The Commission was informed of high or rising levels of nitrate in groundwaters, as well as the existence of fresh and sea water with increasing eutrophication. Several Member States currently have infringement proceedings being taken against them for violation of the same directive, but Ireland is the only country not to have designated any vulnerable zones. Also, according to information given to the Commission, Ireland, now willing to designate such areas, would make a restrictive interpretation of the provisions of the directive unduly excluding from the scope of implementation groundwaters that are the source of water supplies to small communities which plan to develop pig farming (and hence the spreading of waste that is rich in nitrates).
In a press release, the Commission recalls that the United Kingdom has already been found guilty by the Court of Justice for making a similar restrictive interpretation.