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EUROPEAN COMMISSION
DIRECTORATE-GENERAL XI
ENVIRONMENT, NUCLEAR SAFETY AND CIVIL PROTECTION

03.03.98 /x1/ 003798

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Your Excellency,

I refer to Ireland’s communication on 12 June 1997 of “Managing Ireland’s Rivers and
Lakes”, a Catchment-based Strategy against Eutrophication.

Please find attached a series of enquiries on the Strategy. These enquiries are relevant to
the control of phosphorous discharges pursuant to Directive 76/464/EEC (dangerous
substances), a matter currently the subject of Infringement Procedure A90/5220. They
are also relevant to the integration of environmental protection into the use of
Community funds (particularly, the Structural Funds, Cohesion Fund and Agri-
environmental Regulation), and to the implementation of a number of environmental
directives apart from Directive 76/464/EEC. The Commission also needs to be in a
position to respond to a petition to the European Parliament concerning inter alia the
Strategy.

I would be grateful for your authorities written response to these enquiries within the next
two months. I would also suggest that the enquiries may serve as a useful reference for
the discussion on phosphorous control envisaged for the forthcoming package meeting on
31 March 1998/1 April 1998 in Dublin.

Permanent Kepresentative of Ireland
to the European Union

Rue Froissart, 89/93

1040 Brussels

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium - Office: Bu-5 3/03.
Telephone: direct line (+32-2)296.11.70, exchange 299.11.11. Fax: 299.10.70.
Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

X.400: G=James; S=CURRIE; 0=DG11; P=CEC; A=RTT; C=BE Internet: James.currie@dg11.cec.be

I would also like to refer to a more recent discussion document submitted to the
Commission directly by the Environmental Protection Agency, “Environmental Quality
Objectives and Environmental Quality Standards”. I would suggest that this too be
discussed at the package meeting.

I look forward to hearing from you.

Yours faithfully,

SIGNE

ANNEX

ENQUIRIES RELATING TO THE CATCHMENT-BASED STRATEGY,
“MANAGING IRELAND’S RIVERS AND LAKES”

(1) Adoption of quality objectives

The Catchment-based Strategy. signals an intention of setting national environmental
quality objectives for phosphorous. There is a reference to long term targets and interim
targets.

As regards the long-term targets, the Commission services would be grateful for

e information on when these will be formally adopted;

e information on the.deadline(s) for achieving compliance with these targets;

e clarification of the base date for identifying lakes that were “previously oligotrophic”,
together with a list of such lakes.

As regards the interim targets, to be achieved by 2007, the Commission services would

be grateful for

e information on when these will be formally adopted;

e inthe case ofrivers and lakes, comment on the compliance of the interim targets with
Article 9 of Directive 76/464/BEC in situations where, since 1976, rivers and lakes
declined from a quality which is higher than that now targeted for compliance by
2007;

e in the case of lakes, clarification of the base date for identifying lakes that were
“originally oligotrophic”, together with a list of such lakes.

The Commission services would also be grateful to know why, in situations where the
interim target is to maintain an existing satisfactory level of water quality, it is still
proposed to defer the application date ofthe quality objective to 2007.

(2) Controlling discharges which may affect achievement of phosphorous quality
objectives

The Commission understands that the following are the main actual or potential sources
of phosphorous discharges affecting Irish water bodies: urban/domestic waste water;
industrial waste water; agricultural fertilizers, feeds and wastes; forestry fertilizers; waste
disposal.e. The Commission would be grateful for clarification and further information
showing how the Catchment-based Strategy will address these.

r estic w W
Directi 27

The implementation of Directive 91/271/EEC concerning urban waste water will help to
reduce phosphorous discharges, and forms part of the Catchment-based Strategy. The
Commission services would be grateful for further information and clarification on the
relationship between, on the one hand, the Strategy and Ireland’s implementation of
Directive 76/464/EEC and, on the other hand, the implementation of Directive
91/271/EEC, in particular on the following points.

Level oftreatment

Where secondary treatment is required under Directive 91/271/EEC, Article 4(3)
provides that discharges shall satisfy the relevant requirements of Annex 1B. Annex
1B.4 provides that “more stringent requirements than those shown in Table 1 and/or
Table 2 shall be applied where required to ensure that receiving waters satisfy any other
relevant directives.”

Where appropriate treatment is required under Directive 91/271/EEC, it may be noted
that the definition of “appropriate treatment” inter alia provides for compliance with the
quality objectives of other Community directives.

The Commission services would be grateful for clarification on how Ireland envisages
Directive 76/464/EEC, in particular the implementation of phosphorous quality
objectives, influencing the application of Annex 1B4 and requirements stemming from
the definition of “appropriate treatment”.

Disposal of sludges

Sludges arising from urban waste water treatment are not mentioned in the Catchment-
based Strategy. Because the volume of such sludges is set to rise significantly (as a
result of improved waste water treatment), and because a high proportion is intended to
be land-spread, the potential impact on the achievement of phosphorous quality
objectives may be important. It may be noted that Article 14 of Directive 91/27 1/EEC
provides that sludge disposal routes shall minimize adverse effects on the environment
and that studge disposal shall, before 31 December 1998, be subject to general rules or
registration and authorisation.

Against this background, the Commission services would be grateful for clarification on
how disposal of sludge from waste water treatment will be addressed, in so far as this is
relevant to the implementation of phosphorous quality objectives (there may, for
example, be competition with agricultural wastes for land-spreading disposal capacity).

Uncollected domestic waste water
The Strategy at 15.4 proposes a review of controls on domestic waste water under a

number of headings. The Commission services would be grateful for information on
progress in relation to this review.

hate_deter

The Catchment-based Strategy indicates that phosphate detergents may significantly
contribute to the phosphorous load to urban waste water treatment plants, with estimates
varying from 25% to 50%. It also indicates that discussions would shortly conclude
with the Irish Detergent and Allied Products Association on a voluntary reduction in the
phosphate content of detergents; in the absence of an agreement, consideration would be
given to the use of new statutory powers under the Waste Management Act, 1996.

The Commission services would be grateful for up-to-date information on this point.
The petitioners in Petition No.483/96 to the European Parliament argue in favour of a tax

on phosphate detergents. The Commission services would be grateful for information on
the position of the Irish authorities in relation to such a tax.

Hi Industrial

v ntributi l

The Commission services would be grateful for information on the overall contribution
of industrial discharges to phosphorous loadings.

i jectives in dischar. ıthorisation:
The Commission services would be grateful for clarification on how the proposed quality

objectives will govern discharge authorisations, particularly given that the application
date of the interim targets is said to be 2007.

It is noted that much of the emphasis of the Catchment-based Strategy is on optimizing
soil fertilization and conditioning to minimize phosphorous losses to water. The
Commission services would be grateful for clarification and further information on the
following points.

mme ho: r ication rate:
Older rates

Ireland’s agricultural research and advisory body, Teagasc, has developed recommended
phosphorous application rates.

Documentation provided by the petitioners in Petition No0.483/96 to the European
Parliament indicates that Teagasc recommends phosphorous fertilizer application rates at
least twice as high as those recommended for similar crops and conditions in the.United
Kingdom. The Commission services would be grateful for information (including
details of the full set of recommendations developed or applicable since 1976 and an
indication of which still apply) and comments.

New rates

The Strategy refers to new Tegasc recommended phosphorous application rates
announced in December 1996 for grassland.. The Commission services would be
grateful for a copy, together with an indication of whether further recommendations are
foreseen for other crops. They would also be grateful for comments on how these
compare with previous recommendations.

The petitioners in Petition No.483/96 to the European Parliament argue that country-wide
recommended rates that do not take account of catchment sensitivity (in particular, the
sensitivity of poorly buffered water bodies such as the Great Western Lakes) would be
inappropriate. The Commission services would be grateful for comments, including
information on the extent to which recommended application rates reflect catchment
sensitivity. |

Nutrient management planning and related action

The Strategy indicates that soil phosphorous levels on many farms are “sufficient to
sustain output without further applications of phosphorous from fertilizers or farm
wastes, such as slurries, over a period of years”. Many farms are also said to have levels
significantly in excess of crop requirements, posing an unacceptable threat to the
maintenance of water quality.

Against this background, the Catchment-based Strategy emphasises the role of nutrient
management planning in the avoidance of phosphorous losses to water. Such planning
inter alia involves (a) an assessment of soil phosphorous levels (b) an assessment of
available organic waste, (c) optimal application of such waste and (d) supplementing with
chemical fertilizers only where crop needs cannot be met with the available organic
waste.

Within Rural Environmental Protection Scheme (REPS)!
The Strategy indicates that nutrient management planning is a central feature of REPS.

The Commission services would be grateful for

e_ clarification on the extent to which soil testing for phosphorous is a requirement under
REPS;

e confirmation that the new Teagasc phosphorous application recommendations for
grassland have been incorporated into all REPS nutrient management plans (except
where stricter fertilizer regimes apply, as in Natural Heritage Areas), and clarification
on whether older Teagasc recommendations apply in non-grassland situations;

e an indication of whether there is or is intended to be maximum soil phosphorous
levels within REPS beyond which soil fertilization or organic waste disposal will not
be allowed;

e details of existing and planned future requirements in terms of modes and times of
application of fertilizers and organic wastes;

e details of monitoring of soil phosphorous levels within REPS, as well as details of
whether nutrient management plans are subject to review and REPS participation
subject to sanctions where soil phosphorous levels increase or do not fall at the rate
expected.

Outside of REPS |

The petitioners in Petition No.483/96 to the European Parliament argue that the bulk of
entrants to REPS are from less intensively farmed holdings.. While not denying that
nutrient management planning within REPS is beneficial for reduction and avoidance of
phosphorous pollution, the petitioners point out that most soil phosphorous losses to
waters occur from intensively managed farms. They refer to these as ceritical source
"areas. The Commission services would be grateful for comments on this.

At 7.6 of the Strategy it is indicated that, where diffuse agricultural pollution is a
problem, “farmers who are not already following an approved nutrient management plan
e.g. under REPS will be required to supply information on soil P levels to the local
authority”. In commenting on this, the petitioners in Petition N0.483/96 to the
European Parliament argue that the acquisition of such information will only be useful if
there are (a) subsequent checks to ensure that soil phosphorous levels are either being
- maintained or are falling at the rate expected, (b) reviews of nutrient management plans
where subsequent checks show an unsatisfactory position and (c) the application of
financial penalties including deductions from agricultural supports.

As regards soil testing for phosphorous, the Commission services would be grateful for

e clarification on the link between farm surveys mentioned at 12 in the Strategy and the
acquisition from farmers of information on soil phosphorous levels;

e clarification on the statutory powers to require farmers to supply information on soil
phosphorous levels;

 

I The national scheme under Council Regulation (EEC) No 2078/92

e details of the extent to which farmers have to date been required to supply such
information, in particular by reference to sensitive catchments;

e an indication of the timetable for completing the acquisition of such information from
farmers, and an indication of whether local authorities have been advised of such a
“timetable.

As regards action where tests show soil phosphorous levels (a) exceed crop needs or (b)
are at or close to crop needs or (c) present a risk because of catchment sensitivity, the
Commission services would be grateful for

« details of whether a systematic plan of follow-up tests will be applied in the period to
2007 to indicate the progress (or lack of it) achieved in avoiding further phosphorous
build-up’ and/or reducing soil phosphorous levels on the farms concerned;

e precise information on when (if at all) the specific types of remedial action mentioned
in the Strategy are intended to be triggered, especially information on whether there
are or are intended to be guideline soil phosphorous thresholds (or other guideline
criteria concerning risk factors, such as proximity to a sensitive water body) aimed at
generally or automatically triggering one or more of the following responses from
local authorities: (a) specific advice to the farmer (b) a Section 12 notice under water
pollution legislation, (c) bye-laws under water pollution legislation (for example,
where a critical source involves several farms) and (d) compulsory nutrient
management planning pursuant to the Waste Management Act, 1996 (e) prosecution
under water pollution legislation;

e ifthere are no such guideline thresholds or criteria, an indication of how consistency
in approach and results is intended to be achieved across the country;

e in so far as Community agricultural supports are concerned, an indication of whether
any form of cross-compliance is intended to be established in relation to measures to
avoid phosphorous pollution from high-phosphorous soils.

In terms of remedial action taken to date, the Commission services would be grateful for

e information on the number (by catchment) of relevant Section 12 notices issued since
the Strategy was announced; {

e information on any relevant bye-laws adopted (the Commission services understand
that none have yet been adopted);

e information on any compulsory nutrient management planning ordered pursuant to the
Waste Management Act, 1996.

Trends in artificial phosphorous fertilizer u

The Catchment-based Strategy indicates at 8 that the “recently published National
Sustainable Development Strategy targets a reduction of 10% per annum in artificial
fertilizer usage over the next five years so as to reduce soil P levels, where excessive to
crop requirements at present, down to recommended levels.”

The Commission services would be grateful for an indication of the extent to which the
10% annual target has been met to date.

Phosphate tax x
The petitioners in Petition No.483/96 to the European Parliament argue in favour of a tax

on artificial phosphorous fertilizers. The Commission services would be grateful for
information on the position of the Irish authorities in relation to such a tax.

iv iculture (w. neration a

Optimizing soil fertilization and conditioning to avoid phosphorous losses should help to
achieve phosphorous quality objectives. However, agricultural wastes also need to be
addressed, and it cannot be assumed that substituting phosphorous-containing agricultural
wastes for chemical phosphorous fertilizers will wholly meet the challenge of recovering
or disposing of such wastes, since the quantity of wastes requiring recovery or .disposal
may exceed the needs of soil fertilization and conditioning. For this reason, it is
important to understand the extent to which recovery or disposal of agricultural wastes
will affect the achievement of phosphorous quality objectives.

nd quanti ricultural wastes/waste mana ans

The Commission services would be grateful for information on the main types of
agricultural waste the disposal or recovery of which may be relevant for the achievement
of phosphorous quality objectives. In particular, they would be grateful to receive

e statistics on historic and current types and quantities of‘ phosphorous-containing
agricultural wastes to be recovered or disposed of by region and sector (including the
estimated phosphorous losses to water);

e projections on types and quantities of phosphorous- containing agricultural wastes to
be recovered or disposed of for the period to 2007 by region and sector (in particular,
whether any increases are forecast by region or sector, and the likely phosphorous
losses).

Available evidence indicates that the quantities of relevant agricultural waste requiring
recovery or disposal has significantly increased in the last 15 years. For example, the
Irish Environmental Protection Agency reports that, whereas in 1983 cattle, pig and
poultry farming was producing in the region of 20 million tonnes of slurry, the figure has
since risen to about 31 million tonnes?.

It may be noted that, in the context of Article 7 of Directive 75/442/EEC on waste (as
amended), waste management plans shall relate to types, quantity and origin of waste to
be recovered or disposed of, general technical requirements, any special arrangements for
particular wastes and suitable disposal sites or installations. Having regard to the fact _
that several Irish waste management plans are currently in preparation, the Commission
services would be grateful for information on the extent to which these are addressing
agricultural wastes (including coverage of different types of agricultural waste, general
technical requirements, special arrangements and suitable disposal sites by reference to
soil phosphorous levels and catchment sensitivity), expected completion dates and the
correlation with catchment initiatives. :

tor acilities for agricultural waste:

Thie Catchment-based Strategy at 10 notes that “adequate infrastructure is essential for
environmentally safe storage of waste arisings such as slurry, silage effluent, waste water

 

2 Environmental Protection Agency Newsletter, Vol.4, No.3 December 1997