Written answers
Thursday, 22 May 2008
Department of Environment, Heritage and Local Government
EU Directives
4:00 pm
Joanna Tuffy (Dublin Mid West, Labour)
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Question 281: To ask the Minister for the Environment, Heritage and Local Government the European Union directives on environmental law which have been the subject of warnings, court proceedings or fines from the European Commission or the European Court of Justice for failure to transpose the directive concerned at all or properly, that have yet to be transposed to the satisfaction of the European Commission; the steps he will take to ensure timely transposition of the directives; and if he will make a statement on the matter. [20505/08]
Joanna Tuffy (Dublin Mid West, Labour)
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Question 286: To ask the Minister for the Environment, Heritage and Local Government the number of sites which Ireland is the subject of proceedings by the European Court of Justice or warnings by the European Commission for failures under the landfill directive or other European Union environmental law directives; the counties in which the sites concerned are located; the breaches for which these warnings or court cases have been initiated; if he will provide the information in tabular form; and if he will make a statement on the matter. [20511/08]
John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 281 and 286 together.
In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 29 cases relating to possible infringements of EU environmental legislation. The cases are at various stages of proceedings as listed in the following table. There is no case awaiting a fines decision against Ireland, and fines have never been imposed on Ireland in relation to an environmental infringement.
There are currently three Directives that are outstanding for transposition. Work is ongoing with a view to completing their transposition at the earliest possible date. In one case that would have been listed as outstanding, I have made the necessary regulations and these have been formally notified to the Commission, so I would expect the Commission formally to close this case soon. In the other 25 cases the Commission has raised issues about the implementation and transposition of the Directives listed; in 8 of these cases the European Court of Justice has issued judgements and my Department is working to meet their requirements.
As indicated in the table nearly all cases are of national application. Some are also site specific and location information is provided. Given that the 'pre court' cases are the subject of correspondence which could lead to court proceedings it would not be appropriate to provide more site specific information in relation to these cases.
Stage in Proceedings | Locations: Site/County | |||||||
Directive 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 hearing or awaiting judgement | European Court of Justice Decision to be Implemented | Article 228 Letter of Formal Notice | Article 228 Reasoned Opinion | |
Directives Outstanding for Transposition | ||||||||
2003/35/EC on public participation in certain plans and programmes relating to the environment | 1 | Of national application; not site specific | ||||||
2004/107/EC on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air | 1 | Of national application; not site specific | ||||||
2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage | 1 | Of national application; not site specific | ||||||
Directives Recently Transposed | ||||||||
2005/33/EC on the sulphur content of marine fuels | 1 | Of national application; not site specific | ||||||
Directives where there are Issues on Implementation or Transposition | ||||||||
75/439/EEC on the disposal of waste oils | 1 | Of national application; not site specific | ||||||
75/442/EEC the waste directive | 1 | Of national application; not site specific | ||||||
1 | — | |||||||
1 | — | |||||||
1 | Of national application; not site specific | |||||||
1 | A case of national application and also related to certain sites. (See note one.) | |||||||
76/464/EEC on dangerous substances in water | 1 | Of national application | ||||||
79/409/EEC on wild birds | 1 | Of national application | ||||||
1 | Of national application |
Stage in Proceedings | Locations: Site/County | |||||||
Directive 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 hearing or awaiting judgement | European Court of Justice Decision to be Implemented | Article 228 Letter of Formal Notice | Article 228 Reasoned Opinion | |
80/68/EEC on groundwater | 1 | Ballymurtagh, Co. Wicklow | ||||||
80/778/EEC on the quality of drinking water for human consumption | 1 | Of national application | ||||||
85/337/EEC On the assessment of the effects of certain public and private projects on the environment | 1 | Of national application | ||||||
1 | Of national application but also site specific | |||||||
1 | Of national application but also site specific | |||||||
1 | Of national application | |||||||
91/271/EEC on urban waste water treatment | 1 | Of national application | ||||||
1 | Of national application but also site specific | |||||||
92/43/EEC on habitats | 1 | Of national application but also site specific | ||||||
1 | Of national application | |||||||
1 | Of national application | |||||||
98/81/EC on the contained use of genetically modified micro-organisms | 1 | Of national application; not site specific | ||||||
99/31/EC on landfill | 1 | Of national application; not site specific | ||||||
2000/60/EC the water framework directive | 1 | Of national application; not site specific | ||||||
2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment | 1 | Of national application; not site specific | ||||||
2002/96/EC on Waste Electrical and Electronic Equipment | 1 | Of national application; not site specific | ||||||
Note 1: Poolbeg, Dublin City; Powerstown, Co. Carlow; Cullinagh and Ballard, Fermoy Co. Cork; Drumnaboden Co. Donegal; Lea Rd. and Ballymorris, Portarlington Co. Laois; Limerick City wetlands, Co. Limerick; Greenore, Co. Louth; Various wetlands at Ballynatin, Pickardstown, Ballygunner Bog and Castletown, as well as Tramore and Killbarry, Co. Waterford; Pembrokestown, White Rock Hill Co. Wexford; Bray Co. Wicklow. |
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