The Council has passed two imaginary Directives concerning water pollution. One, Directive 2008/01 concerned the chemical ABC, and the other, Directive 2008/02 concerned another chemical, XYZ. Both chemicals are commonly used in the manufacture of fertilisers and can find their way into waste water from factories, thus contaminating groundwater in surrounding areas. Both Directives were to have been implemented in all Member States by 31 July 2011 and set out not only the maximum amount of each chemical in parts per million (ppm) that could be allowed into waste water from factories, but also a requirement for a compulsory testing regime to be put in place by each Member State to monitor compliance with the maximum limit. The following situations arise:
(a) The UK has failed to implement Directive 2008/01 with regard to chemical ABC. A manufacturer of fertiliser, Fattenem, has been increasing the use of ABC in its products and has not upgraded its waste water facilities since 2000. Residents in the neighbourhood of the factory have been complaining recently of a bad smell in local streams and ponds, and members of the local gardening club have suffered stomach upsets, which their doctors have traced to the presence of high levels of ABC in their home-grown vegetables. Can (i) the residents generally and (ii) the gardeners specifically, rely on the Directive either against Fattenem or the UK government?
(b) The UK has implemented Directive 2008/02 within the time limit but the legislation does not provide for the establishment of a compulsory testing regime as required in the directive, preferring instead to rely on each user of XYZ to comply voluntarily. Lawyers for the residents and gardeners believe that Fattenem, who also use this chemical in their products, are taking advantage of the voluntary regime to allow the level of XYZ in the groundwater to rise to unacceptable levels and have the same effect as ABC on the residents and the gardeners. Advise the lawyers as to whether the residents and/or the gardeners could rely on the Directive in a claim against the UK government.
can anyone help me please??