COMMISSION
OF THE EUROPEAN

COMMUNITIES  Brusseis, 9% I. 199
SG(97) D/ 3384
A/90/0961

Sir,

I would Iike to draw your attention to the Implementation by Ireland of
Article 7 of Directive 76/464/EEC on pollution caused by certaln
dangerous substances discharged Into the aquatic environment of the
Community ("the Directive"),

ARTICLE 7 OF THE DIRECTIVE

1. Article 7 of the Directive states

1) In order to reduce pollution of the waters referred to in
Article 1 by the substances within List Il, Member States shall
establIsh Programmes In the Implementation of which they shall
apply In particular the methods referred to In paragraphs 2
and 3;

2) All discharges Into the waters referred to In Article 1 which
are Illable to contaln any of the substances within List 11
shall require prior author ization by the competent authority In
the Member State concerned, In which emission standards shall
be lald down. Such standards shall be based on the quality

obJectives, which shall be fixed as provided for In
Paragraph 3;
3) The programmes referred to In paragraph 1 shall include quality

obJectives for water; these shall be lald down in accordance
with Counell Directives, where they exIst;

Minister for Forelgn Affalrs
Iveagh House
St. Stephen's Green, 80

JBL - DUBLIN 2

Rue de !a Lal 200 - B-1049 Bruaseis — Betglum
Telephone: direct Ilne 23 exchanne 235.11 11 — Tal man m num +. 5 ion en

COMMISSION DES COMMUNAUTES EUROPEENNES

SECRETARIAT GENERAL Bruxelles, 20 fevrier 1991

S6(91) 0/3384

 

INFRACTION /  _IRLANDE (A/90/0961)

 

Directive 76/464/EEC - rejets de substances polluantes dans L'eau

Mise en demeure de la Commission, notifiee le 14 f&vrier 1991

Document diffuse & La Commission pour information.
Decision d'envoi de La lettre de mise en demeure,

au titre de L'article 169 CEE,
prise par la Commission le 20 decembre 1989 (cf. COM(89) PV 992).

Tu ————————

Destinataires : les Membres de la Commission

yo.

- 2 -

4) The programmes may also Inciude specific provislons governing
the composition and use of substances or groups of substances
and products and shall take Into account the latest
economlcally feasibie technical developments;

5) The programmes shall set deadiines for thelr Implementation;

6) Summarles of the Programmes and the results of their
Implementation shall be communicated to the ComnIsslon;

7) The Commission, together with the Member States, shall arrange
for regular comparisons of the programmes In order to ensure

sufficient coordination In their Implementation. If- It sees
fit, It shall submit relevant proposals to the Councli to this
end.
It may be noted that List II Inter alla contalns (see Annex to the
Directive) "substances belongIng to the families and groups of
substances In List I for which the Iimit values referred to In

Article 6 of the Directive have not been determined".

The Community has over the years elaborated a IIst of 132 prliority
List I substances.

129 of the substances were set out In Commission communication to
the CounclI of 22 June 1982 on dangerous substances which might be
Included In List I of Counell' Directive 76/464/EEC. This
communlcation was endorsed by the Council ‘In resolution of
7 February 1983 concerning the combating of water pollutlon.

Three further substances (IsodrIne, bentazone and atrazine) were
subsequent Iy added.

Of this prlority list of 132 substances, 33 are now the subject of
Directives (Directives 82/176/EEC (mercury), 84/156/EEC (mercury),
85/513/EEC (cadmium), 84/491/EEC (hexachlorocyclohexane),
86/280/EEC and Its amendments) or a proposed draft Directive.

On 4 April 1990, the Comission wrote to Ireland (along with all
other Member States) Indicating Its concern that, pending thelr
regulation, the remaining 99 substances be subJect to the
obligations of Article 7 of the Directive.

It therefore requested your authoritlies to supply (within 2 months)

- an up-to-date Ilst Indicating which of the 99 substances are
discharged Into the aquatic environment In Ireland;

- the quality obJectives appiicable at the time of grant of
discharge IlIcences (for one-or more of these substances) In
respect of the various zones affected by discharges;

e the reasons for not flixing quality obJectives for discharges
where none have been fixed, as well as a timetable IndIcating
when It Is expected quality obJectives will be fixed.

A meeting of national experts on 31 January and 1 February 1989 on
the Implementation of the Directive drew up a prlority Iist of
List II substances, for which the pollution-reduct Ion programmes
referred to In Article 7 were shortiy to be communlcated to the
CommIssIon.

u2.

BER

= g &

On 26 September 1989, the Commission wrote to Ireland (along with
other Member States) remindIng It of the sald natlonal expert'’s
meeting and requesting Information In summary form on the sald
prlority Iist of List Ii substances (set out In an Annex to the
letter). It requested the Information by 31 December 1989 at the
latest.

Not having heard from Ireland, the Commission included a further
reminder of the need for this Information In the aforement loned
letter of 4 April 1990. However, the Commission has stilli not
received a response.

The Commission would remind Ireland that, In respect of the
aforementloned 99 substances and priority Ilist of List Al
substances, it Is obliged under Article 7.6 of the Directive, to
communlcate to the Commission summaries of any programmes as weil
as the results of their Implementation.

The Commission Is not at present In recelpt of any Informatlon to
enable It to form the view that Ireland has respected Article 7 of
the Directive In respect of the sald 99 substances and the sald
prlority Ilst of List Il substances.

ARTICLES 155 AND 5 OF THE EEC TREATY

The Commission also consIders that, In falling to respond to the
aforementloned letters of 4 Aprii 1990 and 26 September 1989,
Ireland Is In breach of Article 5 of the EEC Treaty in as much as

- the Commission has a legal duty under Article 155 of the EEC
Treaty to ensure that the provisions of the Directive are
applied;

- Ireland has a duty under the first paragraph of Article 5 of
the same Treaty to assist the Commission In the fulfliiment of
tnIs legal duty;

- the Commission considers the Information sought In the
aforment ioned letters of 4 April 1990 and 26 September 1989 to
be necessary to the fulfilment of Its duty under Article 155 of
the EEC Treaty.

EONCLUS ION
As at present Informed, the Commission concludes that

_ Ireland has not respected Article 7 of the Directive In regard
to the sald 99 substances and prliority IIist of List II
substances, in as much as It has not drawn up programmes for
them or communlcated summar les and results In respect of them;

43.

= (dl

- Article 5 of the EEC Treaty in as much as it has not furnished
the information sought in the said letters of 4 April 1990 and
26 September 1989.

In these circumstances the Commission, acting under Article 169 of the
Treaty, would ask the Irish Government to submit Its observations on
the contents of this letter within one month of receiving It.

After taking note of these observations, the Commission may, If
necessary, deliver a Reasoned Opinion. If the observations fail to
reach It within the period stated, the Commission may also if ‚necessary
deliver a Reasoned Opinion.

Yours faithfully,

For the Commission

yuu.