HC Deb 23 July 1991 vol 195 cc519-20W
Mr. Flynn

To ask the Secretary of State for the Environment when the European Council or Commission directives or decisions of 88/347/EEC of 16 June 1988, 88/609/EEC of 24 November 1988 and 89/429/EEC of 29 June 1989 on environmental affairs were implemented; and if he will make a statement in each case on the reason for the time taken in implementing the directive in United Kingdom legislation.

Mr. Baldry

Directive 88/347/EEC on dangerous substances in water was implemented through Department of the Environment circular 7/89 of 30 March 1989. It was taken into national law by the Surface Waters (Dangerous Substances) (Classification) Regulations 1989; and by a notice and direction to the National Rivers Authority under the Water Act 1989, which took effect in January 1990.

The United Kingdom programme and plan for achieving major cuts in emissions of sulphur dioxide and oxides of nitrogen from existing large combustion plants, as required by directive 88/609, was published in December 1990 in good time for the directive's deadline. The Environmental Protection Act 1990—EPA—and equivalent legislation in Northern Ireland provide the legal framework for implementing the plan. The whole range of implementing measures under the EPA relating to England and Wales have now come into force and will be followed in April 1992 by measures relating to Scotland, and to Northern Ireland as soon as the appropriate Order in Council for the introduction of equivalent procedures there can be made. Special interim implementing measures are being introduced with respect to Scotland and Northern Ireland.

A direction under the EPA relating to directive 89/429/EEC on municipal waste incineration—existing plant—is currently being prepared. Pending formal implementation of the directive through this direction, the United Kingdom authorities are applying conditions to existing municipal waste incinerators which are consistent with the operating conditions set down in the directive.

In each of these cases, measures were taken in good time to ensure practical implementation of the directive before the due date. In each case, however, some delay in giving formal legal effect to the directive was caused by the need to enact new primary legislation.