Written answers
Thursday, 15 November 2007
Department of Environment, Heritage and Local Government
EU Directives
5:00 pm
Lucinda Creighton (Dublin South East, Fine Gael)
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Question 187: To ask the Minister for the Environment, Heritage and Local Government if he is the subject of enforcement proceedings for the non-transposition of EU directives into Irish law; if he has received any reasoned opinions from the EU Commission on the transposition of directives; if so, for which directives; and if he will make a statement on the matter. [29063/07]
John Gormley (Dublin South East, Green Party)
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The European Commission has initiated infringement proceedings against Ireland in relation to six cases of non-transposition of Directives. Information on the status of each is set out in the table.
| Directive Number and Title | Date Due for Transposition | Current position on infringement proceedings related to directives overdue for transposition | Position on transposition of directives |
| Directive 2003/35/EC of the European Parliament and of the Council 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 | The Commission issued a Reasoned Opinion under Article 226 of the Treaty on 19/12/2005 and Ireland's response was issued on 08/02/2006. The Commission referred this case to the European Court of Justice on 17/10/2007. Ireland's defence is being prepared. | Many of the provisions of this Directive are already provided for in existing legislation. Work is continuing on the outstanding instruments with a view to completing transposition at the earliest possible date. |
| Directive 2005/33/EC of the European Parliament and of the Council amending Directive 1999/32/EC as regards the sulphur content of marine fuels | 11 August 2006 | The Commission issued a Reasoned Opinion under Article 226 of the Treaty on 29/06/2007 and Ireland's response was issued on 30/08/2007. | Drafting of regulations to transpose this Directive is ongoing. It is anticipated that the Directive will be transposed by early 2008. |
| Council Directive 2006/105/EC adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania | 01 January 2007 | The Commission issued an Article 226 Letter of Formal Notice on 20/04/2007 and Ireland's response was issued on 01/06/2007. | The Commission has been informed that Irish legislation already provides for the requirements in this Directive. No further action is required. |
| Council Directive 2006/106/EC adapting Directive 94/80/EC laying down detailed arrangements for the exercise of the right to vote and to stand as a candidate in municipal elections by citizens of the Union residing in a Member State of which they are not nationals, by reason of the accession of Bulgaria and Romania | 01 January 2007 | The Commission issued an Article 226 Letter of Formal Notice on 20/04/2007 and Ireland's response was issued on 06/06/2007. | The Commission has been informed that Irish legislation already provides for the requirements in this Directive. No further action is required. |
| Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air | 15 February 2007 | The Commission issued a Letter of Formal Notice under Article 226 of the Treaty on 20/04/2007 and Ireland's response was issued on 22/06/2007. | Drafting of regulations to transpose this Directive is ongoing. It is anticipated that the Directive will be transposed by early 2008. |
| Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage | 30 April 2007 | The Commission issued a Letter of Formal Notice under Article 226 of the Treaty on 31/05/2007 and Ireland's response was issued on 27/07/2007. | Drafting of regulations to transpose this Directive is ongoing with a view to completing transposition at the earliest possible date. |
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