EU to take Ireland to court over waste

Ireland is being brought to the European Court of Justice by the European Commission on foot of complaints by local people and…

Ireland is being brought to the European Court of Justice by the European Commission on foot of complaints by local people and environmental organisations over its failure to control unlicensed waste disposal in Cork and Limerick.

The activities of a Ballard, Fermoy, businessman in storing and then spreading large quantities of organic waste have been causing local concern for some time.

In particular, there have been claims that industrial waste is also being mixed with the animal waste and that there has been overspreading on fields.

A complaint to the European Commission contended that the failure of Cork County Council to require that the operation be licensed was in breach of the Framework Waste Directive of 1975.

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The directive imposes an obligation on member-states to subject waste disposal and recovery activities to permit and to prohibit uncontrolled dumping or disposal of waste.

In the second case the complainants allege that Limerick Corporation has been allowing demolition waste to be dumped without licence on wetlands in the city. A letter from the Environmental Protection Agency (EPA) suggesting this amounted to recycling or reclamation and thus did not require licensing was also disputed.

A Commission statement expresses concern that the failure to implement the licensing provisions of the directive is jeopardising sound waste management and rejects the EPA case.

In both cases the Government has failed to respond officially both to letters of inquiry and Letter of Formal Notice, the precursor to legal action.

Patrick Smyth

Patrick Smyth

Patrick Smyth is former Europe editor of The Irish Times