Committee Reports > List of Committees > Joint > 1988 > Committee on the Secondary Legislation of the European Communities (5th Committee) > Report No. 08 - Statutory Instruments [14]

APPENDIX 5

European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 [S.I. No. 81 of 1988]

An Runai

An Roinn Comhshaoil.

I am directed by Mrs. Gemma Hussey, TD, Chairperson of the Joint Committee on the Secondary Legislation of the European Communities to refer to the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 [S.I. No. 81 of 1988] and to request you to furnish a memorandum for the guidance of the Joint Committee on the following points.

It appears to the Joint Committee from Regulation 6 (3) that Regulation 6 (2) is intended to be a departure from the obligations imposed by Council Directive 75/440/EEC. If this is so I am to ask you on what grounds is it considered that the provision comes within the Minister’s powers under Section 3 of the European Communities Act, 1972 under which regulations may be made giving Directives “full effect”.

As regards Regulation 11 the Joint Committee has to consider whether charges by local authorities should originate in subordinate legislation made under the European Communities Act, 1972. I am accordingly to request you to indicate the grounds on which it is considered that the Regulation is within the Minister’s powers under Section 3 of the 1972 Act.

Finally, I am to ask if the “emergency” referred to in Regulation 6 (1) is intended to be equated with the “floods or other natural disasters” referred to in Article 8 of the Directive and what objective is intended to be achieved by the use of the word “emergency”.

P.A. Ryan.

a/s Cleireach an Chomhchoiste.

3 Meitheamh, 1988.

(Reminder issued on 26 July, 1988).

Ms. P.A. Ryan,

Principal Clerk,

Joint Committee on the Secondary

Legislation of the European Communities.

I refer to your minute of 26 July, 1988 enclosing previous correspondence regarding the European Communities (Quality of Water intended for Human Consumption) Regulations, 1988 [S.I. No. 81 of 1988]. The following information is provided for the guidance of the Joint Committee.

The above Regulations give legal effect to Council Directive 80/778/EEC of 15 July, 1980 relating to the quality of water intended for human consumption. Article 6 (2) and (3) of the Regulations derive from Article 10 of that Directive which provides, in emergency situations, for the use of water which does not reach the concentrations required of category A3 water within the meaning of Article 2 of Council Directive 75/440/EEC of 16 June, 1975. The Regulations therefore depart from the obligations imposed by Directive 75/440/EEC only insofar as that departure is expressly authorised by Article 10 of Directive 80/778/EEC. Since the purpose of the Regulations is to give legal effect to Directive 80/778/EEC, not Directive 75/440/EEC, it is considered that they fully accord with the Minister’s powers under section 3 of the European Communities Act, 1972.

Article 10 of the Regulations enables sanitary authorities to charge for monitoring the quality of private water supplies. Having regard to section 3 (2) of the European Communities Act, 1972, this is included as a necessary consequential provision for the purposes of the Regulations.

With regard to the use of “emergency” in article 6 (1) of the Regulations, there is no basis in Directive 80/778/EEC for limiting the term “emergency” by equating it with “floods or other natural disasters” as referred to in article 8 of Directive 75/440/EEC. As indicated above, Directive 75/440/EEC is not directly relevant in the context of these Regulations. The objective of article 6 (1) is to give legal effect to article 10 (1) of Directive 80/778/EEC, which sets out the action that may be taken by the competent national authorities “in the event of emergencies”. The usage in Directive 80/778/EEC (and in the Regulations) is therefore capable of broad interpretation, and provides for situations which would not be covered by article 9 of that Directive (article 5 of the Regulations). Sanitary authorities have been advised by the Department that the provisions in article 6 of the Regulations may be availed of where appropriate in the kind of situations provided for by the authorities in their emergency plans for the protection of water resources (emergencies arising from spillage of hazardous substances).

The delay in replying to your minutes is regretted; there is, however, no record of the receipt of your earlier minute in this Department.

Geraldine Tallon.

Assistant Principal Officer.

30 August, 1988.