Written answers
Tuesday, 24 November 2009
Department of Environment, Heritage and Local Government
EU Directives
9:00 pm
Emmet Stagg (Kildare North, Labour)
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Question 78: To ask the Minister for the Environment, Heritage and Local Government 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. [42966/09]
John 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. The following table lists the directives involved and indicates the various stages of proceedings in respect of these cases.
The Commission made a decision on 29 October 2009 to refer Ireland to the European Court of Justice for an imposition of fines in relation to the directive on the quality required of shellfish waters, while deferring such referral for three months. Ireland has never been fined by the EU for an environmental infringement and I am confident that all outstanding aspects of this case will be completed to the satisfaction of the Commission within the timescale allowed for addressing the outstanding issues.
EU Instrument Number and General 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 a hearing or awaiting judgement | European Court of Justice Decision to be Implemented | Article 228 Letter of Formal Notice | Article 228 Reasoned Opinion | Total |
75/442/EEC the waste directive | 2 | 0 | 0 | 0 | 1 | 1 | 0 | 4 |
76/464/EEC on dangerous substances in water | 0 | 0 | 0 | 0 | 0 | 0 | 1 | |
79/409/EEC on wild birds | 1 | 0 | 0 | 0 | 0 | 0 | 1 | 2 |
79/923/EEC on the quality required of shellfish waters | 0 | 0 | 0 | 0 | 0 | 0 | 1 | |
80/68/EEC on groundwater | 0 | 0 | 0 | 0 | 0 | 1 | 0 | |
80/778/EEC on the quality of drinking water for human consumption | 0 | 0 | 0 | 0 | 0 | 0 | 1 | |
85/337/EEC on the assessment of the effects of certain public and private projects on the environment | 1 | 0 | 0 | 1 | 0 | 2 | 0 | |
91/271/EEC on urban waste water treatment | 0 | 0 | 0 | 1 | 1 | 0 | 0 | |
92/43/EEC on habitats | 0 | 0 | 1 | 0 | 0 | 1 | 1 | 3 |
96/61/EC concerning integrated pollution prevention and control | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |
98/81/EC on the contained use of genetically modified micro-organisms | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |
99/31/EC on landfill | 0 | 1 | 0 | 0 | 0 | 0 | 0 | |
2000/53/EC on end of life vehicles | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
2000/60/EC the water framework directive | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |
2002/96/EC on waste electrical and electronic equipment | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |
2001/42/EC on the assessment of the effects of certain plans and programmes on the environment | 0 | 1 | 0 | 0 | 0 | 0 | 0 | |
2003/35/EC on public participation in certain plans and programmes relating to the environment | 0 | 0 | 0 | 0 | 1 | 0 | 0 | |
2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC | 0 | 1 | 0 | 0 | 0 | 0 | 0 | |
2006/118/EC on the protection of groundwater against pollution and deterioration | 0 | 1 | 0 | 0 | 0 | 0 | 0 | |
2007/2/EC establishing an infrastructure for spatial information in the EU –INSPIRE | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 1 |
Decision 2005/166/EC & Decision 280/2004/EC: Rules concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
TOTAL NUMBER AT EACH STAGE | 10 | 5 | 2 | 3 | 5 | 31 |
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