Written answers

Thursday, 27 October 2005

Department of Environment, Heritage and Local Government

EU Directives

5:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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Question 305: To ask the Minister for the Environment, Heritage and Local Government the number of EU directives within his Department's competency which have not been transposed into law; the number of warning letters received by his Department from the Commission or other EU bodies relating to non transposed directives in each of the years from 1997 and to date in 2005; the legislation in each case; if that legislation has since been transposed into Irish law or if it is still outstanding; if still outstanding, the date by which it was meant to have been transposed; the title of the directive which has been waiting transposition for the longest period in his Department; and if he will make a statement on the matter. [31156/05]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I am fully aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 directives, have by now been transposed in this country.

Since 1997, some 65 communications have been received relating to the transposition of directives in areas for which my Department has responsibility. These have involved directives in the areas of waste management, air quality, soil protection, water quality, integrated pollution prevention and control, dangerous substances in batteries, keeping of wild animals in zoos and fuel emissions. All of the directives concerned have subsequently been transposed, except for seven which are currently awaiting transposition. Details of the latter are set out as follows.

Directives outstanding for transposition.
Directive number and title Date due for transposition Current position on transposition
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles 21 April 2002 It is anticipated that this Directive will be fully transposed by the end of the year.
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise 18 July 2004 Drafting of Regulations to transpose this Directive is well advanced and transposition is intended by the end of the year.
Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery 11 August 2004 20 May 2005 Draft Regulations transposing both Directives are nearing completion with a view to transposition by the end of the year.
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC 14 February 2005 Legislative proposals for the transposition of this Directive are in drafting and it is intended that it will be transposed at the earliest possible date.
Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC 25 June 2005 Options for transposition of the Directive are being examined with a view to completing transposition at the earliest possible date.
Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste 18 August 2005The Department is engaged with a stakeholder group on a final phase of consultation prior to finalising Regulations to give effect to this Directive and it is intended that it will be transposed in the first quarter of 2006.

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