EU repeats warning to Ireland over directive on pollution

The European Commission has issued a new warning to the Government over its failure to report on whether Ireland is complying with one of the EU's main anti-pollution directives.

A "letter of formal notice", the first stage of infringement procedures, has been sent to the Government, demanding details of Ireland's enforcement between 2000 and 2002 of the Integrated Pollution Prevention and Control (IPPC) Directive.

Noting the report was due last September, EU Environment Commissioner Ms Margot Wallström said: "It is important that member-states fulfil their reporting commitments in relation to this directive, which is crucial for the protection of the environment and for public health in the Union."

Ireland was one of six member states which failed to meet the reporting deadline, the Commissioner said yesterday.

Last July, the Commission issued a final written warning to Ireland over its failure to introduce legislation giving effect to the directive, saying existing Irish law fell "seriously short" of that required.

Labour MEP Mr Proinsias De Rossa condemned the Government for the latest breach of procedure, saying "without these reports, the Commission cannot assess how well the requirements of the Directive are being met in Ireland and judge whether it should be revised".

Also criticising the breach was Green Party MEP Ms Patricia McKenna, who said "per capita Ireland has received the highest number of legal warnings involving the bad application of EU environmental legislation".

Only Spain, with a much larger population, had received more warnings - at 97 compared to 85 for Ireland - between 1998 and 2002.

A spokesman for the Department of the Environment said he understood the IPPC report had been submitted to the Commission on December 23rd last.

He added the legislative framework for the new regime of IPPC licensing had been put in place in the Protection of the Environment Act, 2003.

But Ms McKenna said: "It is a disgrace that it takes the threat of legal action before the Government will act. With Ireland's presidency of the European Union we should be setting a much better example to applicant countries."

Mr De Rossa said the Minister for the Environment, Mr Cullen, had "laid great emphasis on his proposals to establish a new Office for Environmental Enforcement which would have the power to fine local authorities which fail to fully comply with environmental legislation.

"It is clear, however, that one of the principal agents at fault when it comes to complying with EU environmental laws is the Department which he heads. This is where the OEE should first turn its attention."