Written answers

Thursday, 22 May 2008

Department of Environment, Heritage and Local Government

EU Directives

4:00 pm

Photo of Joanna TuffyJoanna 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]

Photo of Joanna TuffyJoanna 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]

Photo of John GormleyJohn 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 ProceedingsLocations: Site/County
Directive ReferenceArticle 226 Letter of Formal NoticeArticle 226 Reasoned OpinionBeing Referred to the European Court of JusticeBefore the European Court of Justice for hearing or awaiting judgementEuropean Court of Justice Decision to be ImplementedArticle 228 Letter of Formal NoticeArticle 228 Reasoned Opinion
Directives Outstanding for Transposition
2003/35/EC on public participation in certain plans and programmes relating to the environment1Of national application; not site specific
2004/107/EC on Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air1Of national application; not site specific
2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage1Of national application; not site specific
Directives Recently Transposed
2005/33/EC on the sulphur content of marine fuels1Of national application; not site specific
Directives where there are Issues on Implementation or Transposition
75/439/EEC on the disposal of waste oils1Of national application; not site specific
75/442/EEC the waste directive1Of national application; not site specific
1
1
1Of national application; not site specific
1A case of national application and also related to certain sites. (See note one.)
76/464/EEC on dangerous substances in water1Of national application
79/409/EEC on wild birds1Of national application
1Of national application
Stage in ProceedingsLocations: Site/County
Directive ReferenceArticle 226 Letter of Formal NoticeArticle 226 Reasoned OpinionBeing Referred to the European Court of JusticeBefore the European Court of Justice for hearing or awaiting judgementEuropean Court of Justice Decision to be ImplementedArticle 228 Letter of Formal NoticeArticle 228 Reasoned Opinion
80/68/EEC on groundwater1Ballymurtagh, Co. Wicklow
80/778/EEC on the quality of drinking water for human consumption1Of national application
85/337/EEC On the assessment of the effects of certain public and private projects on the environment1Of national application
1Of national application but also site specific
1Of national application but also site specific
1Of national application
91/271/EEC on urban waste water treatment1Of national application
1Of national application but also site specific
92/43/EEC on habitats1Of national application but also site specific
1Of national application
1Of national application
98/81/EC on the contained use of genetically modified micro-organisms1Of national application; not site specific
99/31/EC on landfill1Of national application; not site specific
2000/60/EC the water framework directive1Of national application; not site specific
2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment1Of national application; not site specific
2002/96/EC on Waste Electrical and Electronic Equipment1Of 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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