John Gormley (Dublin South East, Green Party)

In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 28 cases relating to possible infringements of EU environmental legislation. The cases are at various stages of proceedings.

Under Article 226 of the EU treaty, seven cases are at letter of formal notice stage, the initial stages of the formal proceedings. These are generally about transposition of directives on waste, environmental impact assessment, contained use of genetically modified organisms, GMOs, and the water framework directive. Six cases are at reasoned opinion stage under Article 226. These are about transposition of air quality and environmental liability directives, waste and urban waste water.

The Commission has decided to refer three cases about waste, environmental impact assessment and habitats to the European Court of Justice and the Commission applications to the court on these are awaited. Three cases about environmental impact assessment, urban waste water treatment and public participation in plans and programmes relating to the environment are before the court awaiting hearing. Judgment is awaited in one case about environmental impact assessment heard on 14 February 2008.

In eight cases about waste, water and habitats issues my Department is working to meet the requirements of judgments of the court. Of these, five have moved to the next stage in proceedings of which one, on waste, has been the subject of a letter of formal notice under Article 228 of the treaty and four, on water, habitats and wild birds, are the subject of reasoned opinions under Article 228 of the treaty.

I propose to circulate with the Official Report a tabular statement listing the directives involved and setting out the various stages of proceedings in respect of these cases.

There is no case awaiting a fines decision against Ireland, and fines have never been imposed on Ireland in relation to an environmental infringement.

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