Breeda Moynihan-Cronin (Kerry South, Labour)
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Question 82: To ask the Minister for the Environment, Heritage and Local Government the reason for the long delay in introducing regulations on end-of-life vehicles; the communications he has had with the EU Commission regarding the proposed regulations; and if he will make a statement on the matter. [16340/05]

Batt O'Keeffe (Cork South Central, Fianna Fail)
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Necessary enabling provisions to facilitate implementation of Directive 2000/53/EC on end-of-life vehicles were incorporated in the Protection of the Environment Act 2003. Part 5 (a) of the Waste Management Act 1996, as inserted by section 44 of the Protection of the Environment Act 2003, explicitly provides for the following: producer responsibility for the free deposit of ELVs at authorised treatment facilities by their last owners; the appropriate treatment and recovery of ELVs deposited at authorised treatment facilities in line with the directive's requirements, the mandatory deposit of ELVs by their registered owners at authorised treatment facilities for appropriate treatment and recovery, and the issuing of certificates of destruction in respect of ELVs deposited at authorised treatment facilities for scrapping.

The delay in fully transposing and implementing the directive principally reflects difficulties in reaching agreement with the relevant sectors on the detailed mechanisms for the operation of the free ELV take-back arrangements required by the directive, including how such arrangements will be funded.

My Department has had correspondence and discussions with the European Commission on various aspects of the transposition and implementation of the directive in Ireland. Legal proceedings were initiated against Ireland in the European Court of Justice by the European Commission in October 2003 on the grounds that as the regulations on the detailed arrangements for the implementation of the directive in Ireland had not been made, the directive was only partially transposed. On 28 October 2004, the European Court of Justice issued a reasoned opinion in this case and found that Ireland had failed to fulfil its obligations to fully transpose and implement Directive 2000/53/EC on end-of-life vehicles.

On foot of the European Court of Justice ruling, I have held a number of meetings with the relevant sectors with a view to developing an effective and pragmatic approach to implement the directive. I intend to announce my proposals shortly and to draw up regulations later this year to transpose fully the directive's provisions and facilitate its early implementation.

Eamon Gilmore (Dún Laoghaire, Labour)
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The European Court of Justice made a judgment on 28 October last that Ireland has failed to fulfil its obligations on this directive. The Minister of State has stated that the delay in implementing the directive is a result of a failure to reach agreement with various interests in the industry.

Is it true that agreement was reached between the Department of the Environment, Heritage and Local Government, the SIMI, the Motor Vehicle Recycling Association and the Metal Recyclers Association in December 2001? Is it also true that the Department, at the instruction of the then Minister, then made a separate agreement with the SIMI, behind the back of the other two organisations? It is the difficulty of reconciling those agreements which has caused the delay in the implementation of the end-of-life vehicles regulations and directive that has landed us in the European Court. This has resulted in burnt-out cars and old vehicles being dumped inappropriately in many parts of the country.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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It is important to state that meetings were held over the years with the previous Minister and that the current Minister, Deputy Roche, has been particularly active in bringing this to a conclusion. He met the SIMI in November 2004 and met the metal recyclers association and the motor vehicle recyclers a week after the SIMI meeting. He met the SIMI again last week. The meetings are ongoing and the Minister is intent on reaching an agreement.

The Minister is using a sensible approach. It is far better for us to reach agreement with those involved in the business to ensure we have comprehensive coverage and their accord. The negotiations have been protracted and difficult. The Minister has indicated that if no decision is reached within a short period — I understand the SIMI has until 27 May to respond to the outcome of the most recent meeting — he will make the decision and put the regulations in place before the end of the year.

I want to discuss the number of vehicles. We have a fair level ——

Eamon Gilmore (Dún Laoghaire, Labour)
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Will I have time to raise a supplementary question?

Séamus Pattison (Carlow-Kilkenny, Labour)
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We are at the end of the time. The Minister is aware that he is limited to one minute.

Eamon Gilmore (Dún Laoghaire, Labour)
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He has gone well over the minute. I would like to put a supplementary question.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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It would be wrong to say that we do not have a high level of recovery of end-of-life vehicles. Currently the recovery level is 70% to 75%. We have targets to meet by 2006 and by 2015.

Eamon Gilmore (Dún Laoghaire, Labour)
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Was an agreement reached at the end of 2001 between the three organisations representing the different interests relating to this directive and will the Minister of State publish the text of that agreement? Second, was a separate agreement reached between his Department and the SIMI to the exclusion of the other two organisations in 2002 and will he publish the text of that agreement?

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Is the Minister of State embarrassed by the stream of judgments from the European Court of Justice against Ireland with regard to the waste directive, the environmental impact assessment directive and the end-of-life vehicles directive? What costs must the State pay for non-compliance with European directives? Must we pay costs associated with this judgment?

Batt O'Keeffe (Cork South Central, Fianna Fail)
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No costs arise at this point. The Minister has clearly indicated that the regulations will be in place to ensure no costs will apply. With regard to 2001, I understand there was no finality to an agreement between the three parties.

Eamon Gilmore (Dún Laoghaire, Labour)
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I have it here.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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I understand there was no finality to that.

Eamon Gilmore (Dún Laoghaire, Labour)
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I have the text of an agreement here.

Batt O'Keeffe (Cork South Central, Fianna Fail)
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I can check my records as I do not have the information to hand, but my understanding is that there was no finality in terms of any agreement in 2001. With regard to the SIMI, there were tentative arrangements at some stage which, obviously, were not agreed to by the other groups involved, but negotiations have continued. The dismantlers group took an action to the European Court. We have the interim report and will act on it. The Minister will have the regulations in place in time before the end of the year.