----

(2004/C 33 E/144)

WRITTEN QUESTION P-1620/03

by Patricia McKenna (Verts/ALE) to the Commission

(7 May 2003)

Subject:   Extinction of artic char in Lough Conn, Ireland

A gill net survey by the Irish Central Fisheries Board in 1978 and 1984 on Lough Conn, County Mayo, Ireland, showed a good stock of arctic char in the lake. Later surveys in 1994, 1998 and in 2001 recorded no char and now this unique fish is deemed to be extinct in that lake. This extinction has been attributed by scientists to the excessive enrichment of the lake. Although the nutrient dynamics are complex in the lake, excessive algal accumulations, including blue-green algae, on the char spawning beds in autumn and early winter in the early 1990s are believed to be the cause. (These still occur, particularly on mild winter days with a gentle breeze.) These beds were covered by what can only be described as a thick jelly (made up of almost pure cultures of anabaena which is known to become toxic under certain circumstances) of silt, and it is accepted that char avoid silt and only spawn on clean gravel. The causes for extinction of char in Ireland are varied, however experts believe that the case for Lough Conn relates directly to the increased nutrient loading, particularly phosphorous in the lake.

Mid lake sampling (OECD classification) by statutory agencies, although useful to classify lakes, does not necessarily reflect conditions along the lake margins, for example accumulation of algae (measured chlorophyll) along the margins of a lake during the critical period for arctic char. Recently the brown trout stocks of that lake have also crashed, again this is attributed to the consequences of nutrient enrichment (e.g. expanding cyprinid communities).

Although advances are being made to control human sewage sources, nutrient enrichment from the other sectors continues to increase significantly.

Does the Commission agree that the continued enrichment of the lake is essentially a failure by the Irish authorities to control and limit phosphorous inputs to Lough Conn and is therefore in breach of the Dangerous Substances Directive?

Does the Commission agree that lakes with sensitive species like the arctic char require special measures to protect them from the effects of nutrient enrichment, including phosphorous loading?

Should Ireland not restore the lake to conditions favourable for the native arctic char and the brown trout, i.e., radically reduce the inflow of nutrients?

Answer given by Mrs Wallström on behalf of the Commission

(12 June 2003)

The Commission is aware of the fact that a range of lakes in Ireland have deteriorated in quality in the past decades. Relevant Community legislation includes the Dangerous Substances Directive (1) and the Water Framework Directive (2).

The Commission is also aware of the specific situation to which the Honourable Member refers, namely the disappearance of Arctic char from Lough Conn during the 1980s. It considers that the probable cause of this is the sedimentation of the spawning beds of the species in the littoral parts of the lake as a result of eutrophication caused by increased discharges of phosphorous to the lake. It is estimated that, during the 1980s, the phosphorous load to the lake from all sources doubled. It is also suspected that another contributing factor might be the introduction of roach and pike, which are popular with anglers.

The Dangerous Substances Directive requires action to be taken on those substances or groups of substances listed in the annex of the Directive. Inorganic compounds of phosphorus are part of list II of this annex, entailing the obligation for Member States to develop and implement pollution reduction programmes for these substances. These programmes are required to include phosphorous quality objectives, and a system of authorisations with emission standards based on such objectives. The Directive also provides that the application of measures under it may on no account lead, either directly or indirectly, to increased water pollution (a so-called stand-still provision).

In 2002, the Commission lodged an application against Ireland before the European Court of Justice for non-compliance with the Dangerous Substances Directive (3). It inter alia contended that Ireland had not set quality objectives for phosphorous for Irish lakes in accordance with the Directive. More specifically, whereas, under the relevant Irish legislation, water quality in Lough Conn is considered to be satisfactory, the Commission contends that its water quality has suffered deterioration, as is inter alia evident in the disappearance of Arctic char, and that the stand-still provision has not been respected. The judgement of the Court is awaited.

The Commission agrees with the Honourable Member that lakes hosting pollution-sensitive species like the Arctic char need to be safeguarded from nutrient enrichment. Apart from the Dangerous Substances Directive, it would also draw attention to the Water Framework Directive, which provides for a comprehensive water protection of all waters (rivers, lakes, coastal waters and groundwaters), addressing all sources of impact and setting the binding obligation to achieve good quality (‘good status’) for all these waters by 2015. Good status for surface waters like lakes will focus on ecological parameters (microfauna, microflora, and fish fauna) and will allow for an only small deviation from pristine status (very good status) to good status. These — legally binding — remediation efforts will reverse negative trends of the past, and provide again for a sustainable ecosystem including adequate diversity and population of fish. Designation of the necessary measures will be subject to mandatory participation of citizens, nongovernmental organisations, stakeholders and interested parties; these will also have a legal right to access to all relevant information, data and background documents.

----

(1)  Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community, OJ L 129, 18.5.1976.

(2)  Directive 2000/60/EC of the Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000.

(3)  C-282/02.

----