REPRESENTATION PERMANENTE
\ DE L’IRLANDE
AUPRES DE
L’UNION EUROPEENNE

RUE FROISSART 89-93
1040 BRUXELLES

TEL. 230 85 80

 

FAX 230 32 03

3 June, 1998

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52) 20885 0

25 -D8- 100g

mas
Secretary General, . j
Commission of the European Union, un
Rue de la Loi 200, £ BUND
B-1049 Brussels

Dear Secretary General,

I have been asked by my authorities to refer to infringement procedure
A90/5220 concerning Directive 76/464/EEC (pollution caused by
certain dangerous substances discharged into the aquatic environment)
and to the matters raised in the Reasoned Opinion of the Commission
issued on 12 June, 1997. You will be aware that my authorities have
already submitted their pollution reduction programme in respect of
phosphorus (Managing Ireland's Rivers and Lakes - A Catchment Based
Strategy Against Eutrophication, which was forwarded on 12 June,
1997)and that enquiries raised in this regard are currently receiving
attention by my authorities. The position regarding other matters
addressed in the Reasoned Opinion is as follows:-

1. Pollution Reduction Programmes for List II Substances Other

than Phosphorus

My authorities have sought the assistance of the Environmental
Protection Agency for the purpose of preparing recommended water
quality objectives and water quality standards for List Il substances
which are central to the determination of emission standards under the
prior authorisation system of the pollution reduction programme
required by Article 7. The task involved has been substantial in view
of the number of dangerous substances to be addressed, their diverse
nature, composition and effects on water quality, ecosystems and
human health, as well as the extensive body of scientific literature
which required consideration. In late 1997, the Agency published a
discussion document (copy enclosed) putting forward suggested water

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quality objectives/standards for List II substances. These suggestions
cater for surface freshwaters, estuarine, coastal and marine waters.
The Agency is currently considering submissions received on its
proposals and with a view to finalising its recommendations and
presenting them to the Minister for the Environment and Local
Government at the earliest possible opportunity. The Minister,
following consideration of these recommendations and consultation
with other relevant Ministers in accordance with the applicable
statutory procedures, will prescribe water quality standards under
section 26 of the Water Pollution Act, 1977.

2. Mandatory Implementation Methods
(a) Authorisation System for Marine Fish Farms

As the Commission is aware, my authorities previously indicated that
provisions of the Water Pollution Act, 1977, would afford the primary
means for the application of pollution reduction programmes for List II
substances and, in particular, the operation of the authorisation system
for discharges. These provisions have been strengthened and
supplemented by the Water Pollution (Amendment) Act, 1990 and the
Environmental Protection Agency Act, 1992, which caters for an
integrated pollution control licensing system covering emissions to
waters and air as well as waste control/disposal aspects.

The legislation concerned has as its primary focus the control and
regulation of land-based activities which could adversely impact on
water quality (and other environmental media also in the case of the
EPA Act). In the Irish context, these activities account for the vast bulk
of List Il substance arisings which could reach waters.

The exemption allowed under section 4(2)(a) of the Water Pollution
Act, 1977, in respect of the licensing of discharges to tidal waters from
vessels and marine structures essentially reflects the non-land based
nature of the discharge sources concerned and their physical location
outside the functional area remit of local authorities and the EPA. The
Situation is also intended to avoid duplication of controls which
existed at the time of the adoption of the 1977 Act in relation to
vessels and other marine-based sources of pollution and to anticipate
future legislation in this regard coming within the responsibility of
other Ministers, notably the Minister for the Marine and Natural
Resources.

3

The principle involved is illustrated by reference to the Dumping at
Sea Act, 1996 (and its predecessor, the Dumping at Sea Act, 1981)
which provide for a regulatory regime, including a system of permits,
in respect of, inter alia, the disposal in the maritime area of substances
or materials from vessels, aircraft or offshore installations. Clearly no
purpose would be served by replicating these controls in the Water
Pollution Acts.

As regards marine structures, in particular discharges associated with
marine fish farm operations which received special mention in the
Reasoned Opinion, my authorities wish to furnish a copy of the
Fisheries (Amendment) Act, 1997 and to draw the Commission's
attention to sections 7, 61, 65 and 75 which provide the statutory basis
for compliance with the requirements of Article 7 of Directive
76/464/EEC as they relate to such fish farms. Matters dealt with in the
sections concerned include the following:

Section 7: empowers the licensing authority to make aquaculture
licences subject to conditions. Section 7(3)() gives specific power to
regulate discharges from individual licensed operations in the interest
of environment protection.

Section 61: sets out the matters to which the licensing authority shall
have regard in determining aquaculture licence applications and
appeals. Amongst the matters provided for are "the effect or likely
effect on the environment generally in the vicinity of the place or
water" in which the proposed aquaculture would take place.

Section 65: provides that it is an offence not to comply with licence
terms and conditions.

Section 75: empowers the Minister to make regulations for the
management and operation of aquaculture and makes it an offence to
contravene any such regulation.

The foregoing sections are expected to come into operation in the near
future. The Commission will be informed of developments in this
regard. \

My authorities are actively considering the format to be used in
licensing discharges from marine fish farms and will in this connection
have regard to the practice adopted in other Member States insofar as
this can be established.

(b) Discharges from Sewers

The basis for the statement that the Environmental Protection Agency
Act, 1992 (Urban Waste Water Treatment) Regulations, 1994, giving
effect to Directive 91/271/EEC do not encompass discharges from all
sewers and, as a consequence, the Irish systems of authorisation fail to
fully respect Article 7(2) of Directive 76/464/EEC is unclear to my
authorities. They regard Directive 91/271/EEC as the applicable
Community legislation in respect of all discharges from sewers and
consider that the Regulations already mentioned provide an accurate
transposition of its provisions.

To the extent that the Commission's concern may possibly relate to the
position regarding sewage discharges with population equivalents less
than 2,000 and 10,000 made respectively to (a) freshwater and
estuaries and (b) coastal waters, my authorities refer to article 7 ofthe
Regulations which fully cater for the provisions of Article 7 ofthe
Directive in relation to such discharges.

Notwithstanding our above-stated position, my authorities will be
prepared to reconsider the issues involved in the light of any
clarification of the Commission's concerns.

(c) Power of Exemption from Authorisations

The Commission will be aware from previous correspondence that the
Water Pollution Acts, 1977 and 1990, and regulations made
thereunder provide the primary statutory basis for implementing
Directive 76/464/EEC and Directive 80/68/EEC (protection of
groundwater against pollution caused by certain dangerous
substances) - the latter is catered for by virtue of the inclusion of
"aquifer" in the definition of "waters."

Article 2 of Directive 80/68/EEC indicates that the Directive, including
its authorisation provisions, do not apply in the case of three classes of
discharge, i.e. certain discharges of domestic effluents from isolated
dwellings, discharges containing small quantities of List I or List Il
substances which entail no danger to groundwater quality, and
discharges containing radioactive substances. In view of this
exemption provision, my authorities consider that it is appropriate to
retain section 10(4) of the Water Pollution Act, 1977. They point out
that the provision has been used to exempt small discharges from
septic tanks (less than 5 cu.m in any 24 hour period) which are made

5

to groundwater via a percolation area or soakage pit; the exemption
does not apply to such discharges if made directly to groundwater or
to surface waters.

uality Objectives
As already indicated (see Pollution Reduction Programmes for List II
Substances) regulations prescribing water quality standards for List II
substances will be made under section 26 of the Water Pollution Act,
1977 following receipt of the EPA recommendations in this regard and
their consideration in accordance with applicable procedures.

Such standards will underpin the implementation of pollution controls
by local authorities. The provisions of sections 4(4) and 16(3) ofthe
1977 Act prohibit local and sanitary authorities from granting effluent
discharge licences where the discharge concerned or the effects on the
receiving waters would constitute non-compliance with prescribed
standards. Similar provisions apply to the issue of integrated pollution
control licences by the EPA (section 83 of the 1992 Act refers).

These standards would also have implications for water quality
management plans made by local authorities; section 15(5) of the
1977 Act specifies that a plan shall not contain any provision
inconsistent with standards prescribed in regulations made under
section 26.

(e)Emission Standards

The situation regarding the exemption of certain discharges from
authorisation and the approach to the setting of water quality standards
have been addressed already in this reply. The prescribed quality
standards will provide the basis in all appropriate cases for the
determination of emission standards as required by Article 7(2) of
Directive 76/464/EEC.

(Mincrease in Phosphorus Pollution

The Commission will be aware that in response to the growing
problem of eutrophication in Irish surface freshwaters due, in
particular, to inputs of phosphorus, my authorities produced "A
Catchment-Based Strategy Against Eutrophication: Managing Ireland's
Rivers and Lakes." As already stated, enquiries in relation to the
Strategy, which were subsequently received from the Commission, are
currently receiving attention and will be the subject of a separate

reply.

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The Strategy is intended to meet the requirements of Article 7 of
Directive 76/464/EEC concerning pollution reduction programmes.

Further information on the Strategy/programme, including key
elements involving:

© no further disimprovement in the quality classifications of rivers
and lakes, using 1995-1997 monitoring results as the
benchmark;

o phased improvements in the condition of rivers and lakes

currently affected by pollution, and

© pursuance of the overall objective of eliminating pollution from
all rivers and lakes, are outlined in my authorities' letter of 12
June, 1997.

As regards Article 9 of the Directive, it should be noted that the
regulations now being finalised for the purpose of giving effect to the
water quality standards for phosphorus set out in the Strategy will
include provisions involving: (a) no further disimprovement in the
condition of rivers and lakes, and (b) a requirement to achieve
specified improvements over a period where such waters are currently
in an unsatisfactory condition.

My authorities intend to review the situation in this regard
approaching the end of the period concerned and will set more
onerous water quality improvement requirements as part of their
commitment to restore rivers and lakes generally to satisfactory
conditions.

Widely representative local authority led Catchment Task Forces are
addressing the situation in Loughs Conn, Mask and Corrib (mentioned
in the Commission's letter as lakes experiencing significant pressures
or showing evidence of decline in water quality) in a comprehensive
fashion in line with the Strategy Against Eutrophication. Enclosed for
information is a copy of the Lough Conn Progress Report (July 1997)
which typically illustrates the approach being adopted by these Task
Forces. Comprehensive monitoring and management strategies are
being pursued in other catchments also, some of which e.g. Loughs
Derg and Ree, are being assisted from Cohesion Funds.

3. Conclusion

It will be clear from the foregoing that my authorities are committed to
the proper implementation of Directive 76/464/EEC. Many of the
issues raised in the Reasoned Opinion have been addressed, in
particular, the production of a pollution reduction programme for
phosphorus and the enactment of legislation catering, inter alia, for the
authorisation of discharges from marine fish farms. In addition,
arrangements are well advanced for the adoption of statutory water
quality standards for List II substances and for their use in determining
emission limits for effluent discharges.

Yours sincerely,

 

UA 7 76

Environment Attache

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