WRITTEN QUESTION E-0917/04 by Proinsias De Rossa (PSE) to the Commission. Ireland's compliance with the Waste Framework Directive in relation to the treatment of urban waste water.
Date: 2004-03-26
Institutions: European Parliament, Provisional data
Subjects: Ireland, application of EU law, infringement procedure (EU), wastewater, water treatment

8.4.2004

EN

Official Journal of the European Union

C 88 E/247

(2004/C 88 E/0250)

WRITTEN QUESTION E-0916/04

by Proinsias De Rossa (PSE) to the Commission

(26 March 2004)

Subject: Ireland and maritime safety legislation

if any, has the Commission received from Ireland in response to the initiation of legal
What reply,
proceedings announced in July 2003 (press release IP/03/1116) regarding Ireland’s failure to comply with
Directive 2001/105/EC (1) on ship inspections and Directive 2001/106/EC (2) on port state control. What
action has the Commission taken, or is proposing to take, with regard to this matter?

(1) OJ L 19, 22.1.2002, p. 9.
(2) OJ L 19, 22.1.2002, p. 17.

Answer given by Mrs de Palacio on behalf of the Commission

(23 April 2004)

In a letter dated 25 July 2003, Ireland sent the Commission the national measures (European Communities
(Ship Inspection and Survey Organisations) Regulations 2003 (cid:1) S.I. No 301) aimed at incorporating
European Parliament and Council Directive 2001/105/EC of 19 December 2001 on ship inspections (1)
into Irish law.

In a letter dated 1 July 2003, Ireland sent the Commission the national measures (European Communities
Merchant Shipping (Port State Control)
(Amendment) Regulations 2003 (cid:1) S.I. No 243 of 2003)
incorporating European Parliament and Council Directive 2001/106/EC of 19 December 2001 on Port
State Control (1) into Irish law.

Consequently, on 15 October 2003, the Commission decided to terminate the infringement procedures
initiated against Ireland for failure to communicate the national measures incorporating the abovemen-
tioned directives into Irish law.

(1) OJ L 19, 22.1.2002.

(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 (cid:1) under
Council Directive 91/271/EEC (2) concerning urban waste water treatment.

C 88 E/248

Official Journal of the European Union

EN

8.4.2004

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?

(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.

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 (1), 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 (2). Ireland subsequently sought
a two month extension of the period for responding to this, which was granted.

(1) 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;
(b) where they are already covered by other legislation:
(i)
(ii) waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of

radioactive waste;

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.’.

(2) 2000/4158.

(2004/C 88 E/0252)

WRITTEN QUESTION E-0920/04

by Proinsias De Rossa (PSE) to the Commission

(26 March 2004)

Subject: Treatment of waste oils in Ireland

What reply, if any, did the Commission receive from Ireland in response to the reasoned opinion that it
sent to Ireland in July 2001 (as announced in press release IP/01/1144) regarding Ireland’s failure to give
priority to the regeneration of waste oils over their disposal in accordance with the Waste Oils Directive
75/439/EEC (1)? What subsequent action did the Commission take, or is still considering taking, with
regard to this matter?

(1) OJ L 194, 25.7.1975, p. 23.