Written answers

Wednesday, 8 November 2006

Department of Environment, Heritage and Local Government

Environmental Policy

9:00 pm

Photo of Tom HayesTom Hayes (Tipperary South, Fine Gael)
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Question 70: To ask the Minister for the Environment, Heritage and Local Government the number and details of all cases where environmental infringement proceedings are being taken by the EU Commission against Ireland; the various stages of the legal process to date; the cost to the State of each case to date; and if he will make a statement on the matter. [36650/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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The European Commission is currently in correspondence with my Department in respect of 35 cases relating to possible infringements of EU environmental legislation for which my Department is responsible. This compares to 53 such cases at the end of October 2005. This considerable improvement illustrates the positive outcomes from my intensive efforts to resolve issues in dialogue with the Commission and stakeholders. The cases, which relate to a number of Directives, are at various stages of proceedings as set out in the table.

My Department has not had to deal with any costs arising from cases as referred to in the Question. The Office of the Attorney General and the Chief State Solicitor's Office provide the legal service to the State in the conduct of European Court of Justice litigation. Legal fees arising are therefore a matter for those offices.

Directive Number and General ReferenceArticle 226 Letter of Formal NoticeArticle 226 Reasoned OpinionBeing Referred to the European Court of JusticeBefore the European Court of Justice for a hearing or awaiting judgmentEuropean Court of Justice Decision to be ImplementedArticle 228 Letter of Formal NoticeArticle 228 Reasoned Opinion
2004/ 26/EC on emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery0010000
2002/88/EC relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery0010000
2004/42/CE on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products0100000
2002/49/EC on the assessment and management of environmental noise1000000
2005/33/EC amending Directive 1999/32/EC as regards the sulphur content of marine fuels1000000
85/337/EEC on the assessment of the effects of certain public and private projects on the environment3013000
2000/35/EEC on public participation in certain plans and programmes relating to the environment0100000
2003/4/EC on public access to environmental information0001000
92/43/EEC on habitats0101001
79/409/EEC on wild birds0001001
75/442/EEC the waste directive4210100
75/439/EEC on the disposal of waste oils1000000
91/271/EEC on urban waste water treatment0101000
91/676/EEC on nitrates0000010
76/464/EEC on dangerous substances in water0000010
80/778/EEC on the quality of drinking water for human consumption1000010
80/68/EC on groundwater0001000

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