91997E2316

WRITTEN QUESTION E-2316/97 by James Nicholson (I-EDN) to the Commission (3 July 1997)

Subject: Groundwater Directive 80/68/EEC

A public inquiry was held recently which was concerned with a planning application to locate a thirteen million cubic metre capacity landfill waste disposal site adjacent to Larne Lough, Co. Antrim. The applicants indicated that substances listed under the Groundwater Directive 80/68/EEC ((OJ L 20, 26.1.1980, p. 43. )) would be present in their estimate of potential discharge to the Lough. The objectors to the application expressed the view that the applicants had not considered the implications of the directive and the Northern Ireland implementing legislation.

How does the Commission view an application that, in the view of the objectors, has been prepared without due regard to the Groundwater Directive 80/68/EEC?

Has the Commission any mechanism to review or scrutinize a decision made by the Northern Ireland statutory authorities in the event of planning permission being granted for the landfill site without due regard to EEC directives?

Answer given by Mrs Bjerregaard on behalf of the Commission (18 September 1997)

In response to the suggestion by the objectors that the planning application had been prepared without due regard to Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances, the first matter which needs to be clarified is whether the application is in line with national legislation or guidelines on the matter. If it is not, then this should be taken up with the national authorities.

If, however, it is established that the application is in line with national legislation or guidelines on the matter but these are considered to incorrectly or insufficiently implement the relevant Directive, then - in answer to the second question - the Commission may register a complaint, leading to possible infringement proceedings against the Member State under Article 169 of the EC Treaty.