| wer | EUROPEAN COMMISSION
%

Brussels, 23 -07- 2000

s6200)D 10.321

94/2238

Sir,

I would like to draw your attention to the implementation by Ireland of
Directive 91/676/EEC concerming the protection of waters against pollution caused by
nitrates from agricultural sources ("the Directive").

In supplement to previous letters of formal notice notified to Ireland on 21 October 1996
and 14 July 1999 in relation to the Directive (SG(1996) D/09192 and SG( 1999) D/05217),
the Commission would make the following submissions in relation to Ireland's failure to
comply with its obligations under the Directive and the EC Treaty.

1. Failure to identify waters in accordance with Article 3(1)
Article 3(1) imposes an obligation on Member States to identify certain waters in
accordance with the criteria set out in Annex I ofthe Directive.

In a letter of 17 July 1995 (which also constituted Ireland's first report for purposes of
Article 10 of the Directive), the Irish authorities confirmed that no waters coming within
Article 3(1) ofthe Directive had been identified by them. In a letter of 25 November 1999
responding to the abovementioned letter of formal notice of 14 July 1999, the
Irish authorities indicated that an expert panel appointed by the Irish authorities had
identified waters coming under the terms of Article 3(1) in several Irish counties. However,
these waters were not specified in the said letter or in subsequent correspondence. This
position has not changed.

 

m —
Minister for Foreign Affairs

St Stephen's Green, 80

Dublin 2

Ireland

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium
Telephone: 32 (0) 2 299.11.11. Telex: COMEU B 21377. Telegraphic address: COMEUR Brussels.

On the basis of the information available to it, the Commission re-confirms its view that
Ireland has failed to identify waters in accordance with the criteria of Annex I. Further
details are set out below.

Surface waters coming within the scope of Annex L.A.l

In the abovementioned etter of formal notice of 14 July 1999, the Commission, with
reference to the criteria in Annex L.A.I (surface waters containing or which could contain
SOmg/l nitrates), referred to information indicating that, apart from surface waters
containing more than SOmg/l nitrates, there were surface waters in Ireland that should be
identified for purposes of Article 3(1) on the basis of known risk factors.

Since that letter of formal notice, further information has become available. In particular, in
1998, the Commission engaged the preparation of a study in relation to Ireland
entitled: "Verification of the Vulnerable Zones Identified Under the Nitrates Directive and
Sensitive Areas Identified Under the Urban Waste Water Treatment Directive"

(hereinafter called "the verification study"). Similar studies have been undertaken for

With reference to the criteria in Annex LA.l, the verification study identified a number of

list to be exhaustive.

Ground waters coming within the scope of Annex 1.A.2

Eutrophic _or_at-risk natural freshwater lakes, other freshwater bodies, estuaries,
Coastal waters and marine waters coming within the scope of Annex I.A.3

matter further.
Estuaries, coastal waters and marine waters

With reference to the criteria in Annex 1.A.3, the verification study identified a number of
estuaries, coastal waters and marine waters that should have been identified for purposes of
Article 3(1) of the Directive. These are detailed in Annex E of the verification study, and
comprise those points corresponding to the following Irish codes: HY06,07, 09, 12, 13, 14,
15, 16, 19, 20, 23, 24, 25, 27. The Commission does not necessarily consider these to
be exhaustive,

Freshwaters

As regards natural freshwater lakes and other freshwater bodies, it is evident from the many
official reports published to date that there is a widespread and worsening problem of
eutrophication in Ireland.

It is evident from the explicit references to freshwater bodies in Annex I.A.3 of the
Directive that the Commission legislator contemplated the identification of such waters for
the purposes of Article 3).

Attributing freshwater eutrophication uniquely to phosphorous is over-simplistic. Nitrates
and phosphorous can both be “limiting factors” in the same surface freshwaters,

Experiments have shown that it is not realistic to hope to reduce eutrophication by
controlling only phosphorus in fresh waters: action must also be taken for nitrates.
(Moreover, measures under the Directive will also, indirectly, help to reduce or control
phosphorous discharges because phosphorous is a constituent of nitrogen-containing

Reflecting factors such as high precipitation and naturally low nutrient levels in many
Irish soils, the "background" (i.e. natural) levels of nitrates in Irish rivers and lakes are

applying the criteria of Annex L.A.3 ("the physical and environmental characteristics of
the water and land"), especially where there is a trend of rising nitrate concentrations
which are significant by reference to the background levels, for example an annual
increase of 0.5-Img/ NO3/.

agricultural influence, the Commission would cite Inniscarra and Carri gadrohid reservoirs
along the River Lee in Cork By way of example of surface freshwaters with constantly
tising nitrate concentrations in agricultural catchments, it would cite rivers in south-east
Ireland mentioned in the Irish Environmental Protection Agency's latest state-of-the-
environment report.

Against this background, the Commission concludes that there is a significant number of
„Surface freshwaters in Ireland which should be identified for Purposes of Article 3(1) on
the basis ofthe criteria of Annex IL.A.3 ofthe Directive.

2. Failure to designate vulnerable zones

Article 3(2) imposes an obligation on Member States, by 19 December 1993, to 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. Article 3(4) requires
Member States to review the designation of vulnerable zones, making additional
designations if necessary. Article 3(5) exempts Member States from the obligation to
identify specific vulnerable zones ifthey establish and apply throughout their territory action
Plogrammes referred to in Article 5.

However, Ireland has not designated any vulnerable zones in accordance with Article 3(2)
and/or 3(4).

Conelusions

In conclusion, the Commission considers that Ireland has failed to comply with its

obligations under the Directive.

In these Circumstances, the Commission, acting under Article 226 ofthe EC Treaty, would
ask the Irish Government to submit its observations on the contents of this letter within

two months of receiving it.

Yours faithfully,
For the Commission

A ——— nnd

‘ _.

Member ofthe Commission

The Commission notes that, since the abovementioned letter of formal notice of
14 July 1999, Ireland has not designated any vulnerable zones, and the Commission
reconfirms its view that, inasmuch as there is evidence of surface waters and groundwaters
in Ireland affected by or which could be affected by "pollution" within the meaning of the
Directive, Ireland is in breach of its obligations under Article 3(3) (and where polluted
waters are detected outside of the initial designation period, Article 3(4)) in failing to
designate vulnerable zones in respect of such waters.

3. Failure to provide information to the Commission

In its abovementioned letter of formal notice of 14 July 1999, the Commission
cited Ireland's failure to provide a satisfactory response to a Commission letter dated
30 October 1998 (XV025583). In the latter, the Commission had requested Ireland to
provide within two months more details ofthe data on which Ireland's original decision not

monitoring data resulting from the repeat of the monitoring programme required
under Article 6(1)(a) of the Directive and which should have been concluded by
18 December 1997 at the latest. It had further requested Ireland's review, pursuant to
Article 6(1)(c) of the Directive, of the eutrophic status of all Irish fresh surface waters,
estuarial, coastal and, i „and referred to in a reference in an Irish letter of
IFrlaly]9 i f estuarial and coastal waters.

Ireland's on tesponse of 25 November 1999 does not provide a satisfactory
response. In particular, the data requested was not supplied. As regards the review of
estuarine and coastal waters, the Irish authorities referred to a report under preparation by
Ireland's Environmental Protection Agency, indicating that a copy would be provided to the
Commission as soon as available. This report has not since been received.

 
 
   

In the light of this, the Commission remains of the view that the failure by Ireland to
provide a complete and satisfactory response to its request of 30 October 1998 amounts to a
failure by Ireland to comply with Article 10 ofthe EC Treaty inasmuch as it makes it more
difficult for the Commission to carry out the tasks assigned to it under Article 211 of
the Treaty:

4. Failure to monitor in accordance with Article 6

For the purposes of designating and revising the designation of vulnerable zones, Article 6
requires Member States to carry out monitoring of nitrate concentrations and to review the
eutrophic state of fresh surface Waters, estuarial, coastal and marine waters, according to
specified timetables.

The Commission remains of the view, already set out in the abovementioned letter of
formal notice of 14 July 1999 that, in the absence of a satisfactory response to the
abovementioned request of 30 October 1998 for information showing that Ireland has
complied with Article 6(1)(b) and (c) of the Directive, Ireland has not fulfilled its
obligations under these provisions.