Commissie waarschuwt Ierland wegens schending van regels voor waterkwaliteit (en)

IP/09/1647

Brussels, 29 October 2009

Ireland: Commission seeks fine over breach of environmental law; sends final written warning in strategic environmental assessment case

The European Commission is taking Ireland back to the European Court of Justice, with the possibility of fines, for failing to implement an earlier ruling on quality standards for shellfish waters on the Irish coast. The Commission proposes to ask the Court to impose a lump-sum fine of over €3.8 million and a daily penalty payment of nearly €40,000. However, because Ireland has announced that it is finalising measures to comply with the judgment, the Commission proposes deferring this legal action for three months to allow the Irish authorities to complete the necessary steps. In a separate case, the Commission is sending Ireland a final written warning for allowing changes to development plans without requiring a strategic environmental assessment (SEA).

EU Environment Commissioner Stavros Dimas said: "Clean waters support the sustainable production of shellfish, as well as enhancing the general state of the coastal environment. The shellfish industry is a significant employment sector in coastal areas and one of Ireland's assets. Ireland should urgently complete the necessary steps to comply with the judgment as soon as possible."

Referral of Ireland back to the Court over shellfish water quality

The Commission is proposing to refer Ireland back to the European Court of Justice (ECJ) for its failure to comply with a previous Court ruling on quality standards for shellfish waters on the Irish coast. EU law aims to safeguard the quality of waters designated for shellfish and thereby contribute to the high quality of shellfish products.

The Shellfish Water Directive 1 imposes a number of obligations on Member States, including the need to designate shellfish waters and to establish programmes for pollution reduction to ensure quality standards for the designated waters.

In its June 2007 judgment, the ECJ ruled that by having failed to designate all of its shellfish waters or establish pollution reduction programmes for areas requiring designation, Ireland was in breach of EU law. Following the judgment, Ireland has designated 49 additional shellfish waters, with only one non-designation issue (Rostellan in Cork Harbour) still remaining. However, finalised and adopted pollution reduction programmes are still missing for all of the additional designations.

Given that the designated areas are spread around the Irish coast, the impact of not complying with the judgment is significant. Shellfish affected include oysters, mussels, cockles, scallops and clams. The pollution reduction programmes play a role in ensuring optimal conditions for shellfish production. Since the shellfish industry represents a significant employment sector in many of the areas affected, failure to ensure the necessary conditions for shellfish production may have wider economic implications. The absence of pollution reduction programmes also affects the general coastal environment.

The Commission has therefore decided to bring legal action against Ireland for non-compliance with the Court’s judgment. However, because the Irish authorities have recently announced that they are finalising the process of designating the outstanding site and adopting pollution reduction programmes, the lodging of this legal action will be deferred for three months. .

Final written warning in strategic environmental assessment case

In the second case, the Commission is sending Ireland a final written warning concerning the incorrect application of the Strategic Environmental Assessment Directive 2 which requires an assessment of the impact of plans or programmes on the environment before they are approved.

The case concerns the possibility under Irish legislation for land identified in a development plan to be re-zoned before the final approval of the plans, without these changes being subject to a Strategic Environmental Assessment (SEA). The SEA is a valuable tool for assessing the likely environmental impact of plans, such as the implications for urban waste water treatment, drinking water supplies and transport pressures. The Commission is also concerned that Irish legislation applies a wider discretion than the SEA Directive intended, potentially removing the requirement for environmental assessment for land-use plans involving a population of less than 10,000 people. If Ireland does not take the action necessary to ensure that its legislation complies with the requirements of EU law, the Commission may refer the case to the European Court of Justice.

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations within a specified period, usually two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (second and final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice, again by issuing a first written warning (“Letter of Formal Notice”) and then a second and final written warning (“Reasoned Opinion”). The Article then allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

For current statistics on infringements in general see:

http://ec.europa.eu/environment/legal/implementation_en.htm

1 :

Council Directi79/923/EEC ve of 30 October 1979 on the quality required of shellfish waters as amended by Council Directive 91/692/EEC (further amended by Council Regulation 1882/2003/EC ) .

2 :

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment