John Gormley (Dublin South East, Green Party)

Since coming into office, I have given the highest priority to the transposition and implementation of EU environmental legislation and have secured the closure of 25 cases during the past two and a half years. In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 25 cases relating to transposition and implementation of EU environmental legislation.

Under Article 258 of the EU Treaty, nine cases are at letter of formal notice stage, which is the initial stage of the formal proceedings. These cases generally relate to greenhouse gas emissions trading, waste, GMOs, environmental impact assessment and the water framework directive. Three cases are at reasoned opinion stage, under Article 258, and these concern issues relating to electrical and electronic waste equipment, spatial policy and strategic environmental assessment.

The European Commission has decided to refer one case in regard to the transposition and implementation of the habitats directive to the European Court of Justice and the Commission application to the court is awaited. Two cases concerning environmental impact assessment and urban waste water treatment are before the court awaiting hearing. In ten cases relating to waste, habitats, water, public participation, wild birds and environmental impact issues, my Department is working to meet the requirements of judgments of the court.

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. This should make it easier for Deputies to see at what stage we are in each of those cases.

The Commission made a decision on 29 October 2009 to refer Ireland to the European Court of Justice for an imposition of fines in regard to the directive on the quality required of shellfish waters, while deferring such referral for three months. Following comprehensive work by my Department to address the outstanding issues involved, the Commission closed the case in March 2010.

Ireland has never been fined by the EU for an environmental infringement. I have met Environment Commissioner Potocnik since his appointment to reassure him of my commitment to resolving issues and to ensuring that Ireland is fully compliant with EU environmental law.

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