Written answers
Wednesday, 13 May 2009
Department of Environment, Heritage and Local Government
EU Directives
9:00 pm
Simon Coveney (Cork South Central, Fine Gael)
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Question 225: To ask the Minister for the Environment, Heritage and Local Government the number of ongoing Article 228 EC legal proceedings against the Government in the environmental sector, and the Article 226 EC judgments of the European Court of Justice to which this Article 228 EC proceedings relate; and if, in respect of each case, he will confirm the stage Article 228 EC proceedings are at. [19196/09]
John Gormley (Dublin South East, Green Party)
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The European Commission is currently in correspondence with my Department in respect of 7 cases in which Article 228 legal proceedings have commenced. The Commission is also in correspondence with my Department in respect of 3 cases in which Article 226 judgements are to be implemented while judgement is awaited in respect of two further cases. The following table sets out the stage of proceedings in respect of each case.
Ireland has never been fined by the EU for an environmental infringement and my Department is making every effort to resolve outstanding issues before the question of a fines application might arise in any particular case.
European Court of Justice Reference | Directive number and general reference for the main directive in each case | Current stage in proceedings |
C-282/02 | 76/464/EEC on dangerous substances in water | Article 228 Reasoned Opinion |
C-316/00 | 80/778/EEC on the quality of drinking water for human consumption | Article 228 Reasoned Opinion |
C-418/04 | 79/409/EEC on wild birds | Article 228 Letter of Formal Notice |
C-248/05 | 80/68/EEC on groundwater | Article 228 Letter of Formal Notice |
C-494/01 | 75/442/EEC the waste directive | Article 228 Letter of Formal Notice |
C-183/05 | 92/43/EEC on habitats | Article 228 Letter of Formal Notice |
C-148/05 | 79/923/EEC on the quality required of shellfish waters | Article 228 Letter of Formal Notice |
C-66/06C-215/06 | 85/337/EEC on the assessment of the effects of certain public and private projects on the environment | European Court of Justice decisions to be implemented |
C-316/06 | 91/271/EEC on urban waste water treatment | European Court of Justice decision to be implemented |
C-427/07 | 2003/35/EC on public participation in certain plans and programmes relating to the environment | Awaiting decision of the European Court of Justice |
C-188/08 | 75/442/EEC the waste directive | Awaiting decision of the European Court of Justice |
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