Bunn lonadalochı Permanent Representation

na hlöiireann of Ireland

to the European Union

7

 

chuig an Aontas Borpach

 

SG/CAC(2008) A/

    

17 September 2008

   

18. 09. 2008

 
 
 

Ms. Catherine Day
Secretary-General
European Commission
Rue de laLoi

B-1049 Brussels

 
 

SG-R-2

Re: European Court of Justice Judgment in case C-282/02
Commission -v- Ireland

Infringements References 1994/4274 1990/5220 1990/0961 1994/4077

Dear Secretary-General,

| have been asked by my authorities to refer again to tne Commission's
Reasoned Opinion dated 21 March 2007 (reference SG-Greffe (2007)
D/201419) with regard to the measures taken by Ireland to comply with the
judgment in Case C-282/02, concerning Ireland’s implementation of Council
Directive 76/464/EEC on pollution caused by certain dangerous substances
discharged into the aquatic environment of the Community (now Directive
2006/11/EC ofthe European Parliament and of the Council).

| have been asked by my authorities to advise the Commission that the
following draft Regulations responding to the judgement have recently been
issued for public consultation:
« European Communities Environmental Objectives (Surface Waters)
Regulations 2008
e European Communities (Good Agricultural Practice for Protection of
Waters) Regulations 2008
°e European Communities (Control of Dangerous Substances in
Aquaculture) Regulations 2008.
Copies of the three Consultation Papers are enclosed for the information of
the Commission Services.

The draft Surface Waters Regulations propose to give legal status to the
criteria and environmental quality standards to be used for classifying surface
waters in accordance with the ecological objectives approach of the Water
Framework Directive. The draft Regulations also provide for the establishment
of environmental objectives for surface waters. Furthermore, the draft
Regulations provide for the Minister for the Environment, Heritage and Local
Government to prepare or cause to have prepared programmes for the
examination of farmyard installations and the examination and review of
authorisations. The provisions in these Regulations have been substantially
agreed on an informal basis with the Commission. My authorities will liaise
further with the Commission in relation to outstanding issues.

POUR ONEMACAMERTTE ME TINTE ANME AUDDEO NE T’TIAINN RIIRNPRFNNE

The draft Good Agricultural Practice for Protection of Waters Regulations
have been developed primarily for two purposes. The first is to provide for
better farmyard management and strengthened enforcement provisions in
order to comply with the judgment of the European Court of Justice in case C-
282/02. The second is to provide a legal basis for the operation of a
derogation under the Nitrates Directive granted to Ireland by the Commission.

The draft Control of Dangerous Substances in Aquacuiture Regulations will,
inter alia, impose discharge limits for certain substances as a condition of an

aquaculture licence and will establish a programme of measures relevant to
aquaculture to protect water quality.

Yours sincerely,

f
\

Deputy Permanent Representative