Tom Hayes (Tipperary South, Fine Gael)
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Question 105: To ask the Minister for the Environment, Heritage and Local Government the situation regarding eight infringement procedures being taken against Ireland by the European Commission regarding non-implementation of environmental legislation; and if he will make a statement on the matter. [11039/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 94 and 105 together.

My Department maintains an intensive programme in relation to the transposition and implementation of EU environmental legislation. Some 200 pieces of EU environmental legislation, including more than 140 directives, have by now been transposed.

It is part of the role of the Commission to ensure that member states satisfactorily transpose EU legislation into their national laws and implement it effectively. To do this, the Commission raises issues in correspondence with member states and, if agreement is not reached on how to address the issue, may take a case to the European Court of Justice. My Department is in communication with the Commission on a range of issues at any given time and in addition meets regularly with Commission officials to identify how issues of alleged non-compliance can best be addressed. A high priority is given to addressing outstanding issues in consultation with the Commission and relevant stakeholders.

Correspondence from the Commission, which was the subject of their press release of 13 January last, is part of this ongoing process. Seven of the eight cases referred to are at the initial stages of the formal proceedings as set out in Article 226 of the Treaty. These cases refer to directives and regulations on waste, habitats, environmental impact assessment, urban waste water, protection of the ozone layer and emissions ceilings for certain atmospheric pollutants. The vast majority of issues are resolved without recourse to the court. However, the Commission's press release of 11 April 2005 indicates its intention to proceed to the court in the cases relating to waste and environmental impact assessment. In the eighth case, taken under Directive 91/676/EC on nitrates, the Commission has issued a letter under Article 228 of the treaty asking that the necessary measures be taken to comply with the judgment of the court. Communication with the Commission is ongoing in this case.

My Department, through the local authorities, the Environmental Protection Agency and the Office of Environmental Enforcement, continues to work towards maintaining a high level of environmental protection for Ireland.