Ireland is facing an embarrassing defeat in the European Court of Justice over its failure to protect rivers and lakes against agricultural pollution.
The State has failed to fulfil its obligations under an EU directive on nitrates pollution, according to an opinion delivered last week by the court's advocate general.
Opinions from the advocate general are invariably confirmed by the full court at a later stage.
In the ruling, Ireland was found to have failed to identify completely waters that are polluted or at risk of nitrates pollution within the time limits provided for in the EU directive. It also failed to notify the EU Commission of these waters, to designate vulnerable zones, to establish action programmes and to "correctly and completely carry out monitoring and review" of waters.
The advocate general also ordered Ireland to pay the costs of the action.
The EU Commission has been pursuing Ireland since 1995 over its failure to comply with regulations designed to cut pollution caused by bad farming practices. It initiated the present proceedings in 2001.
The Environmental Protection Agency has expressed concern that some public water supplies are consistently in breach of standards for nitrates pollution. Some 20 per cent of public water supplies and more than 30 per cent of private group water schemes have been found to be contaminated by faecal coliforms, the agency says.
The Government challenged only part of the infringement alleged by the Commission, with the case centring on whether the measures it had adopted amounted to an "action programme".
In support of its argument, the Government pointed to a number of measures it had implemented, including the Rural Environmental Protection Scheme and the carrying out of farm surveys.
However, the ruling found that the Irish measures did not form part of a general policy framework, did not demonstrate a sufficient degree of coherence, had no clear timetable and were not compulsory.
The decision cast doubt on the decision by the Minister for the Environment, Mr Cullen, last month to designate the entire State as a nitrate-sensitive area. Mr Cullen said he would develop a programme in the coming months to promote good farming practices.
However, he is also seeking a derogation from the EU to allow higher amounts of fertiliser to be spread in certain areas "subject to appropriate conditions".
