The European Commission is taking Ireland back to the court to demand the state is fined for what the EU believes is systemic and prolonged water pollution.
The European Commission is taking legal action again to “request to impose financial sanctions for [Ireland] failing to comply with” EU law.
In a previous court case back in 2019, the ECJ ruled that Ireland had failed to put in place sufficient sewage works in 28 locations around the country in breach of the EU Urban Waste Water Treatment Directive.
The Directive is designed to protect both water quality and human health by requiring that EU member states “collect and treat” urban waste water before it is discharged into the environment.
Under the directive, member states must have water collection systems for all “agglomerations” (local areas) with a population of more than 2,000 people. More stringent rules apply to towns with more than 10,000 people and in sensitive environmental areas.
The European Commission now says that Ireland should be fined until it puts in place measures to stop water pollution in all “agglomerations” not yet compliant with the law.
“Untreated urban waste water can put human health at risk and pollute lakes, rivers, soil and coastal and groundwater”, the European Commission said.
“Since the judgment in case C-427/17, Ireland has made progress in resolving issues of compliance in 20 of the agglomerations covered by the judgment. However, eight agglomerations remain in breach.
In six agglomerations Ireland has failed to ensure that overflows from urban waste water collecting systems are sufficiently controlled and appropriately treated.
In two further agglomerations, Ireland has failed to ensure that the urban waste water that enters the collecting systems are subject, before discharge, to secondary treatment or an equivalent treatment.
Furthermore, in one agglomeration, the urban waste water is discharged to a sensitive area without being subject to a more stringent treatment” the European Commission said.
The EU has been warning for more than a year that it would take further legal action if it remained dissatisfied by the government’s response.
The European Commission has now taken that step to pursue the case again in court.
“The Commission considers that efforts by the Irish authorities have, to date, been insufficient to comply with the first judgment and is therefore referring Ireland to the Court of Justice of the European Union for a second time, with a request to impose financial sanctions.”
But the Department of Housing, Local Government and Heritage, which is responsible for water matters, claims all but two of the 28 sites had now been solved.
In a statement, the department said it would fight the European Commission in court:
“The Minister for Housing, Local Government and Heritage notes the EU Commission’s decision to refer Ireland back to the Court of Justice of the European Union with a request to seek the imposition of financial sanctions on Ireland in relation to the implementation of the Urban Wastewater Treatment Directive.
The imposition of financial sanctions is ultimately a matter for the European Court of Justice. The Department will be making the case against the imposition of financial sanctions.
The case relates to 28 agglomerations, which were found in 2019 to be non-compliant with the Urban Wastewater Treatment Directive.
The issues have since been resolved in 26 of these agglomerations as a result of very significant programme of works and extensive investment which included substantial works at Ringsend, Dublin. Ringsend Wastewater Treatment plant treats approximately 43 percent of the national urban wastewater load.
Significant progress has been made to date to bring these agglomerations into compliance and Uisce Éireann is continuing work to resolve the two remaining agglomerations. At all stages, the Department has actively engaged with the EU Commission on this case.”