, 2
REPRESENTATION PERMANENTE
DE L’IRLANDE
AUPRES DE
L'’UNION EUROPEENNE

RUE FROISSART 89-93

1040 BRUXELLES

 

TEL. 230 85 80

FAX 230 32 03

2.5 November 1999 15° (91) AAS3 »*
|

| 2.3 Nov 1999
Secretary-General =
Commission of the European Union nd

Rue de la Loi 200
B-1049 Brussels

Dear Secretary-General

Re Implementation of the Nitrates Directive
! .

| have been asked by my authorities to refer to the Commission’s communication of

14 July, 1999 (ref. SG(99)D/5217 and 5218) and previous correspondence with

regard to implementation by Ireland of Council Directive 91/676/EEC concerning the

protection of waters against pollution caused by nitrates from agricultural sources.

As advised in my letter of 9 June 1999, the results of the repeat monitoring
programme required under Article 6 (1) (b) ofthe Directive have been the subject
of detailed assessment by my authorities for some time for the purpose of
identifying waters which come within the scope of Article 3.1 of the Directive.
The need for detailed consideration and for appropriate consultation with the

monitoring authorities has resulted in the exercise taking longer than anticipated.

ke

With assistance from an expert panel, the exercise is now nearing completion.
The expert panel includes representatives of the Department of the Environment
and Local Government, the Department of Agriculture and Food, the
Environmental Protection Agency and the Geological Survey of Ireland. I am
advised by my authorities that the panel has identified waters under the terms of
article 3 .1 ofthe Directive in several counties e.g. Carlow, Cork, Kerry, Louth,
Waterford. The panel also considers that additional information is required to
enable a determination to be made in’relation to other waters which might come

within the scope of Article 3.1. The required information is now being sought.

Having identified waters under article 3.1, the requirement is to identify the land
areas which drain into the relevant waters and to designate those areas in
accordance with Article 3.2. Work has already started in the case of lands in
County Cork and will be extended to other areas shortiy. As you will be aware, this
exercise will take a number of months to complete in view of the hydrogeological
and other complexities involved in determining the catchment areas ofwater bodies,
in particular groundwaters. Special care is warranted given the experience of legal

challenge to the designation of areas in other Member States.

My authorities intend to proceed with a phased programme of designation, which
will be maintained as necessary, as additional information becomes available in
relation to the waters to be identified and the related land areas to be designated.
To facilitate the process of designation, legislative requirements have been
reviewed and it is intended, by way of regulations to amend the water pollution
code, shortly to provide a flexible and comprehensive basis for the implementation

of the Directive.

With regard to estuarine and coastal waters, the monitoring programme in respect of

these waters has been substantially developed in recent years. The results of this

De

monitoring, which are currently being compiled into a single report by the
Environmental Protection Agency, are assisting the review process required under
article 6 (1) (c) of the Directive. A copy of the report will be supplied to the
Commission as soon as it is available. Pending completion of the report, the
Commission may wish to note the substantial work which has been done by my
authorities in the context ofthe Screening Procedure on the Eutrophication Status
of Coastal Waters which was developed under the auspices of OSPAR. The Irish
report (dated September 1999) on the outcome of the Screening Procedure
contains a useful analysis in relation to Irish coastal waters with particular reference
to nutrient loadings. | understand that a copy of the Irish report has been made

available to the Commission.

In the meantime, my authorities wish to assure the Commission that they are
vigorously pursuing the implementation of the Directive and that they will keep

you advised of the continuous progress being made in this regard.

Yours sincerely

I = N ]

>

Environment Attache

cc. Director-General, DG Environment

Mr  -n, Legal Service, DG Environment