Water Framework Directive

Going Forward

In a recent letter to the Expert Water Commission, the European Commission states that the WFD "includes a clear obligation for the Member States to establish a water pricing policy on the basis of two key principles"....


-P63
https://www.oireachtas.ie/parliament...r-Services.pdf

Bearing in mind that charging for water was already commonplace in Europe prior to the WFD, is it correct to say that the WFD sought to establish water charges?

Reading one of the first lines in the WFD, computer says no.

"Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such."

http://eur-lex.europa.eu/legal-conte...LEX:32000L0060


My reading of the WFD is that it sets out timescales for objectives regarding pricing policies which Member States had already permitted and overseen the establishment of.

Article 9 does no more than state that pricing policies in place at the time of writing (2000), should, by 2010, have a certain glow of conservation and fairness about them.

There is no instruction to establish charges.

Nor is there any punishment outlined for not doing so.

Do we agree that WFD does not compel Member States to introduce water pricing, personal or otherwise?

http://curia.europa.eu/juris/documen...t=1&cid=378346


http://booksandjournals.brillonline.com/content/journals/10.1163/18760104-01201006
And that there is nothing in the WFD which precludes Member States from reverting from one practice of cost recovery to another, something else which is claimed by the European Commission?

Here is the current Government position on charging for water:

Government policy requires local authorities to recover the cost of providing water services from the users of these services, with the exception of households using the services for domestic purposes.

This is in accordance with the polluter pays principle and the requirements of Article 9 of the EU Water Framework Directive.

http://www.housing.gov.ie/water/water-services/chargesmetering/water-chargesmetering

Interestingly, it's the very same as the last government's position, and the previous one's.

Is our position correct?

It certainly seems to be.

We had never once been questioned by the European Commission about it.

In fact our position was acknowledged as not being contentious by the EC whilst it simultaneously alleged that we were "in breach" of the WFD regarding cost recovery in other areas:


Quote:

Ireland is of the opinion that cost recovery should apply only to the supply of drinking water and the disposal and treatment of wastewater.

The Commission however sees water services as a wider notion that includes water abstraction for cooling industrial installations and agricultural irrigation, the impoundment or storage of surface waters for navigation purposes, flood protection or hydro power production, and well drilling for agricultural, industrial or private consumption. The exclusion of these activities from water services hinders the full and correct application of the Water Framework Directive, contributing to inefficient or wasteful use of water.

http://europa.eu/rapid/press-release_IP-11-1433_en.htm

One could feasibly suggest that had we acquiesced to the EC's request on cost recovery, our implementation of Article 9 of the WFD would have been full, correct and unhindered.

And we did acquiesce apparently:

The EC in subsequently excluding Ireland from infringement proceedings later acknowledged that Ireland had agreed to what it was requesting, so it would appear that on the cost recovery requirements of the WFD, we are in compliance:

While an additional case against Ireland is also open, Ireland has now accepted the Commission's broad interpretation and agreed to change its legislation

http://europa.eu/rapid/press-release_IP-12-536_en.htm?locale=en

-The "additional case" is not a separate case, there was no other "case" against Ireland regarding cost recovery.



So, are we genuinely at risk of fines in the order of millions as has been claimed by Alan Kelly and his party colleagues, or is it complete bull?

http://www.irishtimes.com/news/envir...ines-1.2668374

http://www.irishtimes.com/news/polit...ines-1.2702029

http://www.independent.ie/irish-news...-34515028.html

charlie14

It looks like Alan Kelly still hasn`t been fully weaned of the power drug.

"Scotland is not comparable to Ireland as it is a region. We are a country"

Kelly, the journalist who wrote that puff piece and the editor that allowed it to be published should get out more. Even a short visit to the north of our own rain washed green isle would teach them something about metering and the WFD.

I wouldn`t advise the disingenuous chancer visiting Scotland and making that statement off a Saturday night on Glasgow`s Sauchiehall Street though.

Then again......


Mod
This is a Legal Discussion thread. Legal points only pls.

Political and other points may be made in the mega thread in Political Café