EU clears derogation on water charges

A derogation from any obligation to introduce water charges in the State is included in an EU directive which was cleared at the European Parliament yesterday.

MEPs, meeting in Strasbourg yesterday, have given final approval to the water framework directive which brings together fragmented legislation in this area and is designed to protect surface water, coastal and territorial waters and groundwater.

A compromise package on the legislation was agreed between MEPs and Ministers in the spring which, among other provisions, gave Ireland a derogation from a requirement to meter water. The directive allows member-states to opt out of this obligation if it conflicts with national practices.

However, although the legislation gives Ireland a breathing space on the controversial issue, the Commission indicated in a paper in July that it had still not given up on what it regards as an essential application of the "polluter pays" principle in managing water use.

The issue has also arisen in the context of the treaty-changing Inter-Governmental Conference, where Ireland appears to have thwarted attempts to make it subject to majority voting.

MEPs had succeeded in significantly toughening the directive in a number of areas. The text will now read that "member-states shall" achieve the objectives of the directive, thus strengthening the original text that would have only obliged them "to aim to" achieve the objectives.

The directive also provides that discharges of hazardous substances must cease or be phased out within 20 years of their identification as dangerous. Ministers had not included this element in their common position.

Member-states will be required to take all necessary measures to prevent deterioration in the status of groundwater and prevent or limit the input of pollutants into groundwater.

The Commission will also come up with another directive within 24 months which defines measures to achieve good groundwater chemical status.