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

RUE FROISSART 89-93
1040 BRUXELLES
TEL. 230 85 80

 

FAX 230 32 03

2 May, 1999.

Secretary General

Commission of the European Union
Rue de la Loi 200

B-1049 Brussels

Dear Secretary General,

| have been asked by my authorities to refer further to the Reasoned Opinion of
the Commission issued on 12 June, 1997 concerning Ireland's implementation of
Directive 76/464/EEC (pollution caused by certain dangerous substances
discharged into the aquatic environment).

You will be aware that my authorities have already submitted their pollution
reduction programme in respect of phosphorus which is the issue of greatest
concern in terms of water quality in Ireland. The programme is set out in the
document "Managing Ireland's Rivers and Lakes - A Catchment-Based Strategy
Against Eutrophication", which was forwarded to the Commission in June, 1997.
In July, 1998, my authorities gave statutory effect to the water quality standards
for phosphorus which had been signalled in the above-mentioned strategy. The
relevant statutory instrument is the Local Government (Water Pollution Act) 1977
(Water Quality Standards for Phosphorous) 1998 (S.1. No. 258 of 1998), a copy
of which was sent to the Commission in August, 1998. My authorities are
satisfied that the Strategy and Regulations together represent a comprehensive
response to the single biggest threat to water quality in Ireland i.e. increasing
levels of eutrophication in rivers and lakes due to excessive inputs of
phosphorus. Under separate cover, a detailed communication is currently
issuing to the Commission in response to a wide range of enquiries raised by the
Commission in relation to the phosphorus strategy.

The purpose of this letter is formally to update the Commission on current
developments concerning the adoption of water quality standards for other
substances. Following very useful discussions with Commission officials in
November, 1998 in relation to overall implementation by Ireland of Directive

76/464/EEC, | am pleased to forward to you a set of draft Regulations which
propose water quality standards for an additional 15 substances. While these
substances are of much less significance in terms of inputs to/impacts on Irish
waters, they are viewed as meriting priority consideration for regulation. An
internal discussion document (a copy was previously supplied on an informal
basis to the Commmission) which outlines some background to the draft
Regulations is also attached for information. Please note that proposed interim
quality standards are set out in the Schedule to the draft Regulations.

Very briefly, the draft Regulations provide for achievement of the quality
standards within an overall timeframe of fifteen years in the case of rivers and
lakes and twenty years in the case of all other waters (article 3). However, article
4 makes an important distinction between point source discharges and diffuse
discharges in terms of compliance with the quality standards. In the case of
existing licences under the Water Pollution Acts, 1977 and 1990 and the
Environmental Protection Agency Act, 1992, a maximum five-year timeframe
will apply with regard to compliance with emissions limit values established on
foot of the quality standards. In the case of new licences, emission limit values
must be set on the basis of their satisfying the quality standards from day one.
Statutory responsibility for securing compliance with the quality standards will
primarily be a matter for local authorities under the overall supervision of the
Environmental Protection Agency. The reporting functions set out in article 5 of
the draft Regulations are broadly similar to those established under the
Phosphorus Regulations.

My authorities would welcome any comments which the Commission may wish
to offer on the draft Regulations. Following on from the comprehensive
pollution reduction programme which was developed in the case of phosphorus,
my authorities wish to assure the Commission of their commitment to the phased
introduction of water quality standards for other priority substances. The draft
Regulations represent a positive indication of our intent in this regard. Taking
account of the need to finalise quite extensive consultation of a wide range of
interested parties, my authorities' objective would be to finalise these
Regulations by Autumn, 1999. In the light of the position outlined above, my
authorities would respectfully request that the Commission defer consideration of
further action in this matter.

UT: G AHA
WG -.
Environment Attache

= —. :neral, DG XI, Mr. L. Cashman, Commission Legal Service, DG XI.