WRITTEN QUESTION E-0314/03

by Proinsias De Rossa (PSE) to the Commission

(10 February 2003)

Subject: Ireland's reporting record on implementation of environmental legislation

Directive 91/692/EEC(1) commits Member States to producing and forwarding to the Commission regular reports on the implementation of environmental legislation at national level. Specifying individual pieces of legislation, for the period since January 1998, could the Commission indicate how many reports should have been received from Ireland, how many actually have been received, and, if it has been informed, when it expects to receive any outstanding reports? Could it give an assessment of the impact of the failure to forward reports required under this Directive?

(1) OJ L 377, 31.12.1991, p. 48.

Answer given by Mrs Wallström on behalf of the Commission

(17 March 2003)

Reporting obligations under Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment concern three main areas of environmental legislation.

1. Air quality

As far as the current reporting obligations in this field are concerned, which involve various air quality Directives, Ireland has delivered the following reports:

- Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide values for sulphur dioxide and suspended particulates(1), Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the air(2) and Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen dioxide(3).

Ireland has submitted the three-yearly report (questionnaire Decision 96/511/EEC of 29 July 1996(4)) covering the period 1997-1999. This report covers the three Directives and was due in 2000.

- Council Directive 1996/62/EC of 27 September 1996 on ambient air quality assessment and management(5) and Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(6).

Ireland has submitted its report (questionnaire established by Decision 2001/839/EC of 8 November 2001(7)) covering the year 2001.

- Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous waste(8)

Ireland has answered the questionnaire (Decision 1998/184/EC of 25 February 1998(9)) covering the period 1998-2000.

2. Waste

As regards Community legislation on waste, pursuant to Article 5 of Council Directive 91/692/EEC Member States are required to submit reports to the Commission at intervals of three years. For the period 1998 to 2000 reports were due for the following Directives: 75/442/EEC of 15 July 1975 on waste(10) (as amended by Directive 91/156/EEC of 18 March 1991(11)); 91/689/EECof 12 December 1991 on hazardous waste(12); 75/439/EEC of 16 June 1975 on the disposal of waste oils(13); 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture(14); and 94/62/EC of 20 December 1994 on packaging and packaging waste(15). Ireland has transmitted to the Commission all reports due.

3. Water

Reporting on water-related Directives for the period since January 1998:

- For the reporting period January 1996 to December 1998: reports on all Directives have been received, except Directive 76/464/EEC of 4 May 1976(16).

- For the reporting period January 1999 to December 2001: reports have been received on Directives 80/778/EEC of 15 July 1980(17) and on Directive 76/160/EEC of 8 December 1975(18); no reports have been received on the other Directives.

The operational consequences of a lack of reports under the different water Directives vary from Directive to Directive. The reports under Directives 80/778/EEC and 76/160/EEC provide sound information on the quality of drinking water and of bathing water; the Drinking Water Directive will, by December 2003, be repealed and replaced by the new Drinking Water Directive 98/83/EEC of 3 November 1998(19), containing reporting obligations as well. Directive 76/160/EEC is under revision, with a Commission Proposal for a new Bathing Water Directive currently in political negotiations at the Parliament and the Council and containing reporting obligations as well. As for the other Directives, they will, by 2007 and 2013 respectively, be repealed by the Water Framework Directive 2000/60/EC of 23 October 2000(20), or be replaced by the Water Framework Daughter Directives to be proposed by the Commission.

In conclusion, no report was overdue on the date of the Commission reply to the written question by the Honourable Member as far as air quality and waste are concerned. The most important reports were received for water-related issues.

(1) OJ L 229, 30.8.1980.

(2) OJ L 378, 31.12.1982.

(3) OJ L 87, 27.3.1985.

(4) OJ L 213, 22.8.1996.

(5) OJ L 296, 21.11.1996.

(6) OJ L 163, 29.6.1999.

(7) OJ L 319, 4.12.2001.

(8) OJ L 365, 31.12.1994.

(9) OJ L 67, 7.3.1998.

(10) OJ L 194, 25.7.1975.

(11) OJ L 78, 26.3.1991.

(12) OJ L 377, 31.12.1991.

(13) OJ L 194, 25.7.1975, as amended by Directive 87/101/EEC of 22 December 1986, OJ L 42, 12.2.1987.

(14) OJ L 181, 4.7.1986.

(15) OJ L 365, 31.12.1994.

(16) OJ L 129, 18.5.1976.

(17) OJ L 229, 30.8.1980.

(18) OJ L 31, 5.2.1976.

(19) OJ L 330, 5.12.1998.

(20) OJ L 327, 22.12.2000.