Dan Boyle (Cork South Central, Green Party)
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Question 678: To ask the Minister for the Environment, Heritage and Local Government the actions which have been put into practice on the European Court of Justice decisions (details supplied) against the Government. [23868/05]

Dick Roche (Wicklow, Fianna Fail)
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Of the court judgments referred to in the question, my Department is taking action in a number of cases.

Case C494-01 refers to the waste framework directive. The European Court of Justice, ECG, judgment is being studied by a high-level group of officials from my Department, the Office of Environmental Enforcement, the Department of Finance and the local authorities, with a view to preparing a national appropriate response to the judgment's requirements. The group will complete its work within a designated timeframe, which is currently 1 September 2005, or within any further period which may be agreed with the Commission.

Case C406-03 refers to EC Regulation 2037/2000 on substances that deplete the ozone layer. The report, Gap Analysis for the Implementation of EC Regulation 2037/2000 on Substances that Deplete the Ozone Layer, commissioned by the Environmental Protection Agency, EPA, and prepared by the consultants URS Ireland Limited, will be available on the EPA's website, www.epa.ie, shortly and I am arranging for copies to be placed in the Oireachtas Library. Having regard to the report, consultation is being finalised between my Department and the Environmental Protection Agency regarding administrative arrangements to implement EC Regulation 2037/2000 on substances that deplete the ozone layer.

Case C117-00 concerns the birds directive. My Department and the Department of Agriculture and Food have developed agri-environmental commonage framework plans for all commonage in Ireland. Destocking requirements will be a condition of the cross-compliance "good agricultural and environmental conditions" that underpin payment of the single farm payments. Monitoring of recovery of habitat is continuing and preparations are being made for a national survey of red grouse towards the end of 2005. There is ongoing dialogue between the Commission and officials from my Department in respect of the over-grazing issue.

Case C67-99 concerns the habitats directive. Considerable progress has been made in the designation of special areas of conservation, SAC, since the judgment of the court in 2001. Ireland has met all of its SAC designation obligations, subject to finalising the limited extension of some salmon river SACs, the designation of certain sites where landowner appeals are still outstanding and, in common with all other member states, completing marine SAC proposals.

Case C392-96 concerns the environment impact assessment directive. The Planning and Development Regulations 2001 are being amended so that the planning exemption for peat extraction will not apply and an application for planning permission will be needed where proposed peat extraction is likely to have significant effects on the environment, by reference to the criteria in Annex III of the environmental impact assessment directive, 85/337/EEC, as amended by 97/11/EC. The draft amending regulations concerned were laid before both Houses of the Oireachtas on 16 June 2005 and are being debated in both Houses this week. I intend to sign these regulations after positive approval has been given by both Houses. Furthermore, the designation of peatland sites as natural heritage areas should be substantially completed by the end of July 2005, other than a relatively small number of sites where proposed designation is under appeal. Such designated sites will, of course, be subject to separate conservation controls.

Case C396-00 refers to a judgment against Italy. I assume that the question intends to refer to the Irish case 396-01 relating to the nitrates directive. Following extensive consultations with the main farming organisations and other interested parties, a nitrates action programme was submitted to the EU Commission on 22 October 2004, a copy of which is available in the Oireachtas Library. In response, the EU Commission issued a letter of formal notice under Article 228 of the treaty indicating that the Commission did not regard the action programme as being complete or compliant with the judgment of the court. Following a series of discussions with the EU Commission and consideration of the issues involved by the Government a substantive response to the Article 228 letter was sent to the Commission on 20 April 2005 indicating that appropriate amendments would be made to the action programme. Work is continuing in my Department in consultation with the Department of Agriculture and Food and the Commission in respect of the final details of the action programme and I expect to be in a position to submit a final text of the programme to the EU Commission in July.

The Department of Communications, Marine and Natural Resources has responsibility for case C67-02, relating to the shellfish waters directive. The Department of Health and Children has responsibility for case C354-99, relating to the protection of animals used for experimental and other scientific purposes.