Memorandum by the Department
of the Environment, Transport and the Regions
1. The Committee has asked for
a memorandum on the following point
provision in the Regulations (or elsewhere if it appears elsewhere)
which gives effect to the judgment of the European Court of Justice,
in paragraph 29 of the judgment in Case C-340/96, so far as that
paragraph calls for the relevant undertakings (in compliance with
Council Directive 80/778/EEC) to include "where appropriate,
the information to be given to the population groups concerned."
2. Regulation 4 specifies the
information which must be included in an undertaking. It ensures
that much more information is now included than was previously
3. Section 19(3)(b) of the Water
Industry Act 1991 requires appropriate publicity to be given to
inform population groups concerned when an undertaking is accepted.
4. Section 195 of the Water
Industry Act 1991 ensures that full details of the terms of any
undertaking may be obtained free of charge by inspecting the public
register of the Director General of Water Services during normal
office hours. Copies may be taken on payment of the requisite
fee. (See S.I. 1989/1154 and paragraph 1(1) of Part I of Schedule
2 to the Water Consolidation (Consequential Provisions) Act 1991
5. Not that regulation 5(b)
ensures that an undertaking can only be accepted if there is no
potential danger to public health. Consequently, there are no
health risks to warn the population about and the only information
which it is appropriate to provide is the information obtainable
by virtue of the provisions mentioned in paragraphs 2 to 4 above.
Those are the provisions which taken together give effect to the
relevant portion of the judgment of the European Court of Justice.
30th May 2000