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The ruling was published today and relates to schemes in areas including Wicklow, Kilkenny and Donegal. Alamy Stock Photo

Ireland found guilty of failing to ensure safe drinking water by EU court

The court ruled the concentration of chemical compounds in a large number of public water supplies had persistently exceeded recommended safety limits.

IRELAND HAS BEEN has been found guilty of failing to fulfil its obligations under EU legislation to ensure drinking complied with standards relating to dangerous chemical compounds in water supplies.

The European Court of Justice ruled the concentration of the chemical compound trihalomethanes (THMs) in drinking water in a large number of public water supplies in the Republic had persistently exceeded recommended safety limits since at least 2012 while the deadline for compliance had been 2003.

The CJEU said Ireland could not fully justify the persistent failure to fulfil its obligations as excessive levels of THMs had been found in drinking water in Ireland “over a considerable time period.”

THMs are found in drinking water, especially in water treatment systems that use chlorine to remove bacteria and other contaminants.

They are formed as a result of interaction between organic materials such as soil and rotting vegetation and chlorine.

The findings by the CJEU relate to 21 public water supplies and nine private water group schemes.

The public water schemes include those supplying drinking water to Kilkenny city; Bray, Co Wicklow; Schull, Co Cork; Ring, Co Waterford; Glenties, Co Donegal; Greystones, Co Wicklow and Granard, Co Longford.

THMs are considered dangerous to both human health and the environment with high levels of THMs linked to diseases of the liver, kidney and central nervous system as well as bladder and colon cancer.

They can also cause gastrointestinal problems and skin irritation.

The CJEU also ruled that Ireland failed to adopt as quickly as possible the necessary corrective measures to restore the quality of drinking water in these areas.

It noted that notice of a reasoned opinion of an alleged breach by Ireland was issued over 17 years after the deadline for complying with the EU directive on drinking water.

The European Commission claimed the creation of Irish Water (now Uisce Éireann in 2013) merely demonstrated that Ireland had been slow to act given its deadline for compliance with EU standards was 10 years earlier.

It initiated legal proceedings against Ireland after it was dissatisfied with the response of Irish authorities to requests for information on how they were ensuring drinking water in Ireland was complying with EU legislation.

The Government was first informed by Brussels in May 2015 that it was not meeting the requirements of an EU directive in relation to THMs.

Originally, the European Commission claimed there were excessive THM levels in 73 public water supplies affecting a population of over 481,000 as well as 22 private group water schemes supplying almost 23,000 people.

The European Commission issued a reasoned opinion in May 2020 that Ireland was failing to meet its obligations relating to drinking water standards, with legal proceedings initiated after unsatisfactory responses were provided by the Government in progress reports supplied between September 2020 and June 2021.

The ruling by the Luxembourg-based court on Thursday requires Ireland to comply with the judgment without delay as well as pay the legal costs of the case.

The European Commission may also bring a further action seeking financial penalties for any ongoing delay in complying with the EU directive on drinking water standards.

The CJEU dismissed an application by lawyers for the Irish government that the action relating to three public water schemes in Drimoleague, Co Cork; Ring/Helvick, Co Waterford and Grangemore, Co Kildare should be inadmissible as they no longer existed.

It also rejected the legal argument by Ireland that the EU directive did not impose an obligation to achieve a result, while also arguing the European Commission had not provided sufficient evidence about the alleged failure to meet the standards on drinking water.

Ireland claimed the failure of the 22 public and nine private water schemes to comply with the maximum limits on THMs did not necessarily mean the State had failed to comply with its obligations under EU legislation.

It also argued that specific geographical and environmental factors such as the presence of peat and higher than average rainfall should be considered as they made compliance with EU standards challenging.

They claimed the necessary remedial measures often required the installation of new or substantially upgraded water treatment plants which required a significant amount of time and capital investment.

However, the CJEU said Ireland had failed to seek any of the available derogations on the issue.

It noted that estimated dates for when compliance would be achieved were deferred by Ireland each time it supplied a new progress report.

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    Mute Niall Mulligan
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    Nov 16th 2011, 2:13 PM

    Much and all as the euro is suspect …. when Conservative peers are trumpeting its demise, it makes me wonder whether it’s all bad.

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    Mute
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    Nov 16th 2011, 1:40 PM

    good bit of publicty for his company….

    60
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    Mute Story bud
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    Nov 16th 2011, 1:50 PM

    RUN!
    (wheres my prize?)

    52
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    Mute Roxy Blue
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    Nov 16th 2011, 2:11 PM

    All Noonan has to say is “Thanks very much, we had a good run, I’ll get me coat”

    41
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    Mute Liam Mc Dermott
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    Nov 16th 2011, 3:37 PM

    “Dear Mr. Europe,

    We have had a good run. We have laughed, cried and worked together for many years but we have grown apart in recent times. The Lisbon Treaty is when the gaps in our relationships became obvious and with the auld downturn things have just gotten worse. The greatest gift of etiquette is knowing the right time to leave a party; not too early for fear of being rude and not too late for fear of being asked to leave. Like Goldilocks now is just right. T’ra. Hope everything works out.
    Love
    Enda”

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    Mute Patrick Slattery
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    Nov 16th 2011, 4:09 PM

    It’s nice to read the armchair economist’s comments on the Journal. They weren’t complaining during the good time & now they want to walk away when things get a little tough.

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    Mute Duncan Breen
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    Nov 16th 2011, 4:27 PM

    Hi Patrick ,

    As indeed my comment was more to have a laugh than thinking it would realistically solve the issues faced , I think as the world seems to be in per-ma crisis we cant forget to have a laugh. I would like to see how you can view the “Good times” If this was the case than there would not be huge credit issues as people would have paid for items with cold hard currency , in my humble opinion it seems more like a credit feast that went pair shape –

    I agree it is easier to say ah well and walk away , however I think it is not a case of if the euro fails it is more likely when , and to have some contingency plans in place for ever eventuality is better that scratching heads when it happens.

    back to the arm chair and gin hiccup :)

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    Mute Dermot Mc Loughlin
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    Nov 16th 2011, 6:51 PM

    Maybe if we were asked about the euro currency before we were coerced into it, were you asked?….anyone asked?
    NOPE.

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    Mute Seamus Ryan
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    Nov 17th 2011, 3:34 AM

    To quote Blackadder 3…

    “I always say, “If you can’t laugh, what *can* you do?” Ha-ha-ha-ha”
    “…Take up politics, perhaps.”

    Gallows humour. Usually great for a laugh.

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    Mute Seamus Ryan
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    Nov 17th 2011, 3:41 AM

    @Dermot: The Maastricht Treaty (which we approved by referendum) laid out the target of monetary union, the criteria for joining and the commitment towards the project. It was highlighted in the Werner plan, the Delors report and was made very public during the Maastricht referendum. The UK negotiated an optout on EMU. We were, of course, apparently far more concerned with ensuring that abortion wasn’t introduced here. We had the option to say no as we were in fact asked. You mightn’t like the answer, or indeed the question, but the question was posed.

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    Mute Dermot Mc Loughlin
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    Nov 18th 2011, 11:50 AM

    I don’t think I was old enough to vote on it Seamus…:P

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    Mute HELLO SPRUIKER
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    Nov 16th 2011, 5:48 PM

    Next Getting countries out of the Euro my Arse!!!

    They can well afford to put up €300k!!

    They’ve been charging us twice their U.K prices, in their Irish shops for long enough!!!

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    Mute lisa duignan
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    Nov 16th 2011, 2:17 PM

    He’s actually copying someone else. This is not a totally original idea. There was an article in the FT 2 weeks ago about a wealthy Euro sceptic offering mad money for anyone who could solve the euro crisis.

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    Mute vv7k7Z3c
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    Nov 16th 2011, 2:54 PM

    Lisa – you might be thinking of the same guy. The prize was announced in October but only opened for entrants/registration this week. http://www.ft.com/intl/cms/s/0/16d19598-fb2f-11e0-8756-00144feab49a.html#axzz1dsdtelDs

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    Mute lisa duignan
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    Nov 16th 2011, 9:54 PM

    Yep, it is the same guy after all Gavan. Good work!

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    Mute lisa duignan
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    Nov 16th 2011, 9:56 PM

    Title here was slightly misleading though.

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    Mute Duncan Breen
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    Nov 16th 2011, 2:36 PM

    http://en.wikipedia.org/wiki/KerPlunk_(game) imagine there was 27 sticks and you had to pull them out without the other marbles falling out :) Solved ,well just have to figure out how to pull out the sticks :)

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    Mute Aidan Molloy
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    Nov 16th 2011, 3:03 PM

    Nuke the site from orbit. it is the only way to be sure.

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    Mute Mensah Mensah
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    Nov 16th 2011, 2:26 PM

    Just walk away….file for divorce,run anything but the euro….

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    Mute Dearbhla Carmody
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    Nov 16th 2011, 4:32 PM

    ‘Its nor you Euro, its me, i need to be on my own for a while to figure out what i want from this relationship. I feel a bit suffocated and cant think clearly. I dont know if i want the commitment. I think i might like to play the field for a while, sterling punt. I need space from you,

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    Mute DPC75
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    Nov 16th 2011, 4:16 PM

    Has anyone thought about what may happen with all the MNCs we rely on for jobs here if we leave the Euro?

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    Mute Hot Toddy
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    Nov 16th 2011, 8:32 PM

    It varies case by case. Companies with a lot of investment here could lose out as their assets would be worth less. Companies exporting from Ireland would have a bonanza with lower costs to produce goods that yield the same prices overseas. However, day 1 losses would be a sunk cost so the ongoing improvement in competitiveness could actually bring more jobs to Ireland.

    The only downside is that being in the euro reduces the volatility of earnings by taking away the fx risk. Most companies will be happy to live without the euro for lower costs, a few won’t.

    A bigger issue is that it only makes sense to leave the euro if this is accompanied by a default on government debt. A government that breaks its promise to investors can scare away multinationals through uncertainty on the future. A default one day, a rise in corporation tax the next?

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    Mute Brno Barking
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    Nov 16th 2011, 9:21 PM

    Grow a pair,and walk.

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    Mute Lou Brennan
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    Nov 17th 2011, 12:56 AM

    If he offered Sterling I’d tell him but what good is offering Euros if we leave the the Euro

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    Mute Graham Mace
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    Nov 16th 2011, 5:18 PM

    The answer in a word, as far as the Conservatives go, is:
    “Quickly”
    It’s a bit rich coming from them anyway, as Britain isn’t a fully participating member of the EU and isn’t in the Euro. No wonder the Aussies call them “Whingeing Poms”.

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    Mute Titus d
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    Nov 17th 2011, 12:09 AM

    Next never have my sizes, sort that out your Lordship!

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    Mute Sheila Murphy
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    Nov 16th 2011, 6:42 PM

    Very simple; Offer your citizens the chance of a referendum; Germany will make you leave if you!!!! Just like Papandreou tried to do in Greece re: their bailout and Germany & France stipulated that it had to be “Do you want to leave the Eu?”

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    Mute Tim Henchin
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    Nov 16th 2011, 9:32 PM

    If there was a referendum on the Euro in countries over the last 5 years, at least half of them would have voted to leave. The EU doesn’t do democracy, so we’l just have to muddle along and see how Brussels can roll over nearly 3/4′s of a trillion euro’s in debt over the next 12 months. The people who lend money don’t believe it can be done, but then again they are just Euroskeptics.

    I can guarantee that people who are so adamant about the survival of the Euro are the same people who were blathering about house prices.

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    Mute Hot Toddy
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    Nov 16th 2011, 10:00 PM

    Nope. I’ve been renting for 10 years whilst waiting for the housing bubble to burst, but I think the euro will survive.

    Even now it was a dumb move, I missed so much of the genuine boom!

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    Mute Réada Quinn
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    Nov 17th 2011, 2:28 AM

    I think that was a great idea Sheila. Can’t beat a bit of democracy.

    1
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