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Brussels, 29, Y, 1995
s695) 6707
94/2238 - Directive 91/676/EEC

Sir,

I have the honour to draw your Government's attention to the matter of the incorporation
into national law of Council Directive 91/676/EEC of 12 December 1991 concerning
the protection of waters against pollution caused by nitrates from agricultural sources.
This Directive was notified to your Government by the President of the Council on
18 December 1991.

l. Article 12 of the Directive provides that Member States shall bring into force the
laws, regulations and administrative provisions necessary to comply with the Directive
within two years of its notification and that they shall forthwith inform the Commission
thereof.

To date, Ireland has not communicated to the Commission the laws and regulations to
transpose the Directive into Irish law. The Commission is not in possession of any other
information enabling it to take the view that Ireland has fulfilled its obligation to adopt
the necessary provisions.

As far as the Commission is aware therefore, the measures necessary to bring the laws
of Ireland into line with the Directive have not yet been adopted. However, should your
Government consider that the legislation in force in your country is already consistent
with the Directive in question, the Commission would remind you of your obligation to
submit the text of the national legal instruments which your Government has adopted in
the field covered by the Directive. This should be accompanied by a comprehensive and
detailed table ofthe various national measures which, in the opinion of your Government,
serve to implement the terms of each of the provisions of the Directive.

His Excellency

Tänaiste and

Minister for Foreign Affairs
St. Stephen's Green, 80

IRL - DUBLIN 2

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussei - Belgium - Office: v
Telephone: direct line (+32-2)29..... exchange 299.11.11. Fax: 29........
Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

2. Article 3(2) of the Directive provides that Member States shall, within a two-year
period following the notification of the Directive, designate as vulnerable zones all known
areas of land in their territories which drain into the waters identified according to
Article 3(1) and which contribute to pollution. They shall notify the Commission of this
initial designation within six months.

To date, Ireland has not designated any vulnerable zones on its territory, nor has it
informed the Commission that, in accordance with Article 3(5) of the Directive, all the
territory of Ireland is to be treated as a vulnerable area, which would exempt it from the
obligation of Article 3(2).

3. Article 4 of the Directive provides that Member States shall, within a two-year

period following the notification of the Directive, establish a code or codes of good
agricultural practice, and that they shall submit to the Commission details of these codes.

The Irish Government has not submitted to the Commission a code or codes of good
agricultural practice.

_ As at present informed, the Commission considers that Ireland has failed to fulfil the

obligations which it has under the Directive as well as Article 189(3) and Article 5(]) of
the EC Treaty.

In these circumstances, acting under Article 169 of the Treaty, the Commission asks the
Irish Government to submit its observations on the matters set out in this letter within
two months of receiving it.

After taking note of these observations, the Commission may, if necessary, deliver a
Reasoned Opinion under Article 169. It may also deliver a Reasoned Opinion if those
observations fail to reach it within the time stated.

Yours faithfully,
For the Commission