Written answers
Wednesday, 8 November 2006
Department of Environment, Heritage and Local Government
Environmental Policy
9:00 pm
Tom 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]
Dick 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 Reference | Article 226 Letter of Formal Notice | Article 226 Reasoned Opinion | Being Referred to the European Court of Justice | Before the European Court of Justice for a hearing or awaiting judgment | European Court of Justice Decision to be Implemented | Article 228 Letter of Formal Notice | Article 228 Reasoned Opinion |
2004/ 26/EC on emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery | 0 | 0 | 1 | 0 | 0 | 0 | 0 |
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 machinery | 0 | 0 | 1 | 0 | 0 | 0 | 0 |
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 products | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
2002/49/EC on the assessment and management of environmental noise | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
2005/33/EC amending Directive 1999/32/EC as regards the sulphur content of marine fuels | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
85/337/EEC on the assessment of the effects of certain public and private projects on the environment | 3 | 0 | 1 | 3 | 0 | 0 | 0 |
2000/35/EEC on public participation in certain plans and programmes relating to the environment | 0 | 1 | 0 | 0 | 0 | 0 | 0 |
2003/4/EC on public access to environmental information | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
92/43/EEC on habitats | 0 | 1 | 0 | 1 | 0 | 0 | 1 |
79/409/EEC on wild birds | 0 | 0 | 0 | 1 | 0 | 0 | 1 |
75/442/EEC the waste directive | 4 | 2 | 1 | 0 | 1 | 0 | 0 |
75/439/EEC on the disposal of waste oils | 1 | 0 | 0 | 0 | 0 | 0 | 0 |
91/271/EEC on urban waste water treatment | 0 | 1 | 0 | 1 | 0 | 0 | 0 |
91/676/EEC on nitrates | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
76/464/EEC on dangerous substances in water | 0 | 0 | 0 | 0 | 0 | 1 | 0 |
80/778/EEC on the quality of drinking water for human consumption | 1 | 0 | 0 | 0 | 0 | 1 | 0 |
80/68/EC on groundwater | 0 | 0 | 0 | 1 | 0 | 0 | 0 |
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