Written answers

Wednesday, 14 October 2009

Department of Environment, Heritage and Local Government

EU Directives

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 158: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the date for farmers spreading slurry in Northern Ireland has been extended to December 2009; and if he will also respond to the request of many farmers here for a similar extension. [35765/09]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 265: To ask the Minister for the Environment, Heritage and Local Government if he will extend the slurry spreading deadline beyond the 15 October 2009, in view of the wet summer experienced in 2009; if not, the reason he will not do so; and if he will make a statement on the matter. [36017/09]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 290: To ask the Minister for the Environment, Heritage and Local Government if he will give an extension from 16 October to end October 2009 to allow farmers spread slurry on their land; and if he will make a statement on the matter. [36349/09]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 158, 265 and 290 together.

The Nitrates Directive and Ireland's National Nitrates Action Programme are given legal effect by the consolidated European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009. The objective of the Regulations is to protect ground and surface waters, including drinking water sources, primarily through the management of livestock manures and other fertilisers.

Good agricultural practice involves the land spreading of slurry as early as practicable in the growing season in order to maximise the uptake of nutrients by crops and to minimise pollution risks to water courses and groundwaters. In accordance with the requirements of the Nitrates Directive, the Regulations include provisions regarding periods when the land application of certain types of fertilisers is prohibited. In addition, the Regulations prohibit such application at any time of the year when the ground is frozen, waterlogged or heavy rain is forecast.

In view of the prolonged period of favourable weather that has prevailed since September, the risk to water quality posed by an extension to the period for slurry-spreading and the major investment on the part of the State and farmers in the provision of adequate waste storage facilities in recent years, no extension to the spreading periods for organic fertilisers is proposed.

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 159: To ask the Minister for the Environment, Heritage and Local Government to list the cases being taken by the European Union against Ireland in relation to Ireland's failure to transpose or implement European Union directives in environmental law in tabular form; the stages these cases are at; if fines are pending in relation to judgments against Ireland for breaches of environmental law; and if he will make a statement on the matter. [35807/09]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 31 cases relating to transposition and implementation of EU environmental legislation. My Department is working hard to resolve these cases as soon as possible. The Commission has not made an application to the European Court of Justice for an imposition of fines in any of these cases, and fines have never been imposed on Ireland in relation to an environmental infringement.

I have provided a tabular statement listing the directives involved and setting out the various stages of proceedings in respect of these cases.

EU Instrument Number and General ReferenceArticle 226 Letter of Formal NoticeArticle 226 Reasoned OpinionBeing Referred to the European Court of JusticeBefore the European Court of Justice for a hearing or awaiting judgementEuropean Court of Justice Decision to be ImplementedArticle 228 Letter of Formal NoticeArticle 228 Reasoned Opinion
75/442/EEC the waste directive2001010
76/464/EEC on dangerous substances in water0000001
79/409/EEC on wild birds1000001
79/923/EEC on the quality required of shellfish waters0000001
80/68/EEC on groundwater0000010
80/778/EEC on the quality of drinking water for human consumption0000001
85/337/EEC on the assessment of the effects of certain public and private projects on the environment1001020
91/271/EEC on urban waste water treatment0001100
92/43/EEC on habitats0010011
96/61/EC concerning integrated pollution prevention and control1000000
98/81/EC on the contained use of genetically modified micro-organisms1000000
99/31/EC on landfill0100000
2000/53/EC on end of life vehicles1000000
2000/60/EC the water framework directive1000000
2002/96/EC on waste electrical and electronic equipment1000000
2001/42/EC on the assessment of the effects of certain plans and programmes on the environment1000000
2003/35/EC on public participation in certain plans and programmes relating to the environment0000100
2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC1000000
2006/118/EC on the protection of groundwater against pollution and deterioration1000000
2007/2/EC establishing an infrastructure for spatial information in the EU -INSPIRE1000000
Decision 2005/166/EC & Decision 280/2004/EC: Rules concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol1000000
TOTAL NUMBER AT EACH STAGE14113255

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