# CE2004088EN.01024702.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/247 |
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(2004/C 88 E/0251)

WRITTEN QUESTION E-0917/04

by Proinsias De Rossa (PSE) to the Commission

(26 March 2004)

Subject:   Ireland's compliance with the Waste Framework Directive in relation to the treatment of urban waste water

My Written Question E-0077/04( 1 ) sought to establish whether Ireland had replied to the reasoned opinion sent to it by the Commission in July 2003 (announced in press release IP/03/1108) regarding the treatment of urban waste water in Ireland and Ireland's possible non-compliance with the 1975 Framework Waste Directive and to establish the Commission's attitude in this matter.

However, in its answer to that question, given on 2 March 2004, the Commission seemed to refer to a reasoned opinion, sent on 7 October 2002, relating to an entirely different legal challenge – under Council Directive 91/271/EEC( 2 ) concerning urban waste water treatment.

Could the Commission now indicate what response, if any, it has received from the Irish Government in relation to the reasoned opinion that it sent to Ireland in July 2003 (and announced in IP/03/1108) regarding Ireland's failure to bring its legislation into line with the requirements of the Framework Waste Directive (Council Directive 75/442/EEC( 3 ) on waste, as amended by Directive 91/156/EEC( 4 )) in relation to urban waste water treatment plants and, specifically, Ireland's failure to ensure that urban waste water treatment plants are submitted to the system of permits required by this Directive, which, among other things, allows the odours from these plants to be regulated and controlled.

What is the Commission's attitude to the Irish Government's response, and what action is it now taking, or proposing to take, with regard to this matter?

Answer given by Mrs Wallström on behalf of the Commission

(30 April 2004)

The Reasoned Opinion to which the Honourable Member refers relates to Ireland's compliance with Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991. More specifically, it concerned Ireland's compliance with the terms of the Directive in connection with odour emissions from waste-water treatment plants. According to Article 2(1) of the Directive( 5 ), waste waters are excluded from the scope of the Directive ‘where they are already covered by other legislation.’ The Commission had contended that, in the absence of other legislation, odour emissions from Irish waste-water treatment plants needed to be regulated in accordance with Directive 91/156/EEC. On 7 August 2003, Ireland sought an extension of the time within which to respond. Before any response was received, on 11 September 2003, the European Court of Justice delivered a judgment 2003 in Case C-114/01, AvestaPolarit Chrome Oy which interprets the meaning of the phrase ‘where they are already covered by other legislation’ employed in Article 2(1) of the Directive. In order to take account of the implications of this judgement for waste waters as well as a number of other waste categories mentioned in Article 2(1), the Commission notified an additional Letter of Formal Notice to Ireland on 19 December 2003 in the framework of the same infringement procedure( 6 ). Ireland subsequently sought a two month extension of the period for responding to this, which was granted.

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( 1 )  OJ C 84 E, 3.4.2004, p. 759.

( 2 )  OJ L 135, 30.5.1991, p. 40.

( 3 )  OJ L 194, 25.7.1975, p. 39.

( 4 )  OJ L 78, 26.3.1991, p. 32.

( 5 )  Article 2(1) of the Directive states: ‘The following shall be excluded from the scope of this Directive:

| (a) | gaseous effluents emitted into the atmosphere; |
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| (b) | where they are already covered by other legislation:
(i)
radioactive waste; (ii)
waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries; (iii)
animal carcases and the following agricultural waste: faecal matter and other natural, non-dangerous substances used in farming; (iv)
waste waters, with the exception of waste in liquid form; (v)
decommissioned explosives.’. | (i) | radioactive waste; | (ii) | waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries; | (iii) | animal carcases and the following agricultural waste: faecal matter and other natural, non-dangerous substances used in farming; | (iv) | waste waters, with the exception of waste in liquid form; | (v) | decommissioned explosives.’. |
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| (i) | radioactive waste; | | | | | | | | | | |
| (ii) | waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries; | | | | | | | | | | |
| (iii) | animal carcases and the following agricultural waste: faecal matter and other natural, non-dangerous substances used in farming; | | | | | | | | | | |
| (iv) | waste waters, with the exception of waste in liquid form; | | | | | | | | | | |
| (v) | decommissioned explosives.’. | | | | | | | | | | |

( 6 )  2000/4158.

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