Written answers

Wednesday, 13 May 2009

Department of Environment, Heritage and Local Government

EU Directives

9:00 pm

Photo of Simon CoveneySimon 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]

Photo of John GormleyJohn 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 ReferenceDirective number and general reference for the main directive in each caseCurrent stage in proceedings
C-282/0276/464/EEC on dangerous substances in waterArticle 228 Reasoned Opinion
C-316/0080/778/EEC on the quality of drinking water for human consumptionArticle 228 Reasoned Opinion
C-418/0479/409/EEC on wild birdsArticle 228 Letter of Formal Notice
C-248/0580/68/EEC on groundwaterArticle 228 Letter of Formal Notice
C-494/0175/442/EEC the waste directiveArticle 228 Letter of Formal Notice
C-183/0592/43/EEC on habitatsArticle 228 Letter of Formal Notice
C-148/0579/923/EEC on the quality required of shellfish watersArticle 228 Letter of Formal Notice
C-66/06C-215/0685/337/EEC on the assessment of the effects of certain public and private projects on the environmentEuropean Court of Justice decisions to be implemented
C-316/0691/271/EEC on urban waste water treatmentEuropean Court of Justice decision to be implemented
C-427/072003/35/EC on public participation in certain plans and programmes relating to the environmentAwaiting decision of the European Court of Justice
C-188/0875/442/EEC the waste directiveAwaiting decision of the European Court of Justice

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