Written answers
Wednesday, 12 March 2014
Department of Environment, Community and Local Government
EU Directives
Seán Kyne (Galway West, Fine Gael)
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49. To ask the Minister for Environment, Community and Local Government the EU legislation with which Ireland was not in compliance when he entered office in March 2011; the EU legislation with which Ireland has now achieved compliance; and if he will list same and outline the domestic legislation or regulations which have been introduced to meet compliance. [11890/14]
Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Attached are details of the EU legislation, for which my Department was responsible and with which Ireland was not in full compliance when I entered office in March 2011. These measures were the subject of 21 infringement cases being taken against Ireland by the European Commission at that time.
During my time in office, I have made it a major Departmental priority to address every infringement, including late transposition of EU Directives, and we are now seeing the results of this concerted action. The number of open infringement cases for which my Department is responsible is now reduced to seven, covering issues related to waste, water and waste water, planning and access to justice. In addition to these open infringement cases, there is only one EU Directive, on waste electrical and electronic equipment, outstanding for transposition from an environmental acquis comprising over 200 major legal acts. Drafting of the WEEE transposing regulations is being finalised, following consultation with key stakeholders, to ensure its transposition as soon as possible and to maintain Ireland’s position among the top Member States in terms of timely transposition of new Directives.
In reducing the number of infringements, my Department has addressed compliance issues through, inter alia, a range of primary and secondary legislation across the broad spectrum of environmental areas such as water services, air quality, waste, energy performance in buildings and planning, as well as targeted measures to provide for consistent and transparent implementation of these legislative provisions. We are also continuing to minimise the risk of new infringements being opened by transposing new Directives within the specified timeframes and by pro-actively engaging with domestic stakeholders to address issues arising before action by the EU Commission becomes necessary.
EU Legislation falling under the responsibility of the Department of the Environment, Heritage and Local Government with which Ireland was non-compliant in March 2011
| EU Instrument Number and General Reference | Article 258 Letter of Formal Notice | Article 258 Reasoned Opinion | Being Referred to the European Court of ustice | Before the European Court of Justice for a hearing or awaiting judgement | European Court of Justice Decision to be Implemented | Article 260 Letter of Formal Notice | Article 260 Second Letter of Formal Notice | ECJ request for fines | Total |
|---|---|---|---|---|---|---|---|---|---|
| 75/442/EEC the waste directive | 0 | 0 | 0 | 0 | 0 | 2 | 0 | 0 | 2 |
| 79/409/EEC on wild birds | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1* |
| 80/68/EEC on groundwater | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 1 |
| 85/337/EEC on the assessment of the effects of certain public and private projects on the environment | 0 | 0 | 0 | 0 | 1 | 0 | 1 | 1 | 3 |
| 91/271/EEC on urban waste water treatment | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 1 |
| 92/43/EEC on habitats | 1 | 0 | 1 | 0 | 0 | 0 | 1 | 0 | 3* |
| 96/61/EC concerning integrated pollution prevention and control | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2000/60 Water Framework Directive | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2002/96/EC on waste electrical and electronic equipment | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2008/50/EC clean air for Europe CAFE | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2008/56/EC establishing a framework for community action in the field of marine environmental policy | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2008/98/EC Waste Framework Directive | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2008/99/EC on the protection of the environment through criminal law | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| 2009/30/EC Fuel Quality | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| Articles 43 and 56 of the EU Treaty (Relating to the freedom of establishment & free movement of capital) | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 |
| TOTAL NUMBER AT EACH STAGE | 8 | 3 | 1 | 0 | 2 | 3 | 3 | 1 | 21 |
*Responsibility for these cases transferred to the Department of Arts, Heritage and the Gaeltacht upon its establishment in May 2011.
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