Trevor Sargent (Dublin North, Green Party)
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Question 316: To ask the Minister for the Environment, Heritage and Local Government the outstanding complaints of which the European Commission has notified to Ireland for which he has ministerial responsibility, detailing the main causes of the complaint and the stage of same. [32275/05]

Dick Roche (Wicklow, Fianna Fail)
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The European Commission is currently in correspondence with my Department in respect of 53 cases relating to possible infringements of EU environmental legislation in areas for which my Department has responsibility. These cases are at various stages of proceedings. Under Article 226 of the EU treaty, 21 cases are at letter of formal notice stage and 15 are at reasoned opinion stage; the Commission has indicated that five cases are being referred to the European Court of Justice and four cases are before the court for a hearing. The court has delivered judgments in eight cases under Article 226 and my Department is working to meet the requirements of these; three of these cases are the subject of letters of formal notice and one is the subject of a reasoned opinion under Article 228 of the treaty.

The Community legislation involved in these cases includes directives on environmental impact assessment, habitats, waste, waste water treatment, nitrates, water quality, wild birds, dangerous substances, end of life vehicles, integrated pollution prevention and control, emissions to air, public access to environmental information, environmental noise, and a regulation on ozone depleting substances.

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 its officials to identify how issues of alleged non-compliance can best be addressed. My Department is working intensively, in conjunction with the local authorities and other relevant agencies, to ensure that all outstanding issues are resolved at the earliest possible date.

Trevor Sargent (Dublin North, Green Party)
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Question 317: To ask the Minister for the Environment, Heritage and Local Government the communications he has had with the European Commission in relation to the use of jet skis and quad bikes and so on in areas designated for protection as Natura 2000 sites; and the actions he proposes to take to ensure these activities are fully assessed for their potential impact on the conservation value of the site. [32276/05]

Dick Roche (Wicklow, Fianna Fail)
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On 11 July 2003, the European Commission issued a reasoned opinion against Ireland as regards Council Directive 92/43/EEC on the conservation of natural habitats of wild flora and fauna, generally known as the habitats directive.

The Commission considered that Irish legislation was inadequate to effectively prohibit and control damaging recreational activities in special areas of conservation, SACs. The Commission was informed informally on 21 April 2004 that regulations were being drafted to amend the European Communities (Natural Habitats) Regulations 1997 in order to address its concerns. Article 3(4) of the European Communities (Natural Habitats) (Amendment) Regulations 2005 now provides appropriate powers to the Garda and to my Department to regulate activities such as quad biking and jet skiing where they are likely to damage a Natura 2000 site.

In addition, the Marine Safety Act 2005, for which my colleague the Minister for Communications, Marine and Natural Resources is responsible, provides extensive powers for the control by local authorities, Waterways Ireland and harbour authorities of irresponsible use of jet skis and power-boats so as to protect public safety and the natural heritage. Specific reference is made in that Act to the protection of Natura 2000 sites.

The ongoing monitoring and surveillance of Natura 2000 sites by my Department will, in the normal course, bring to light any pattern of harmful recreational activity in or adjoining such sites so as to enable the appropriate legal steps to be taken, in co-operation, as appropriate, with other statutory authorities, to protect these sites from such activities.