Written answers
Tuesday, 19 July 2016
Department of Environment, Community and Local Government
Environmental Regulations
Eamon Ryan (Dublin Bay South, Green Party)
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367. To ask the Minister for Environment, Community and Local Government the proceedings under way against the Republic of Ireland by the European Commission’s Environmental Directorate, including pre-infringement proceedings under PILOT; the stage they are at; and the steps being taken by the Government to address these issues. [22603/16]
Eamon Ryan (Dublin Bay South, Green Party)
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368. To ask the Minister for Environment, Community and Local Government the procedures in place to ensure that the public is aware of proceedings and investigations, including PILOT investigations, being undertaken against Ireland for environmental failings at any time. [22604/16]
Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 367 and 368 together.
In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of four infringement cases relating to transposition and implementation of EU environmental legislation. The following table lists the directives involved and indicates the stage of proceedings in respect of these cases.
| Reference | Relevant Directive | Stage |
|---|---|---|
| C-215/2006 | Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment in relation to both sites of community importance (SCIs) and Natural Heritage Areas (NHAs). | Article 260 Letter of Formal Notice |
| 2007/2238 | Directive 2000/60/EC establishing a framework for Community action in the field of water policy. | Article 258 Reasoned Opinion |
| 2012/4028 | Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment. Directive 2008/1/EC concerning integrated pollution prevention and control. Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control). Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. | Article 258 Letter of Formal Notice |
| 2013/2056 | Directive 91/271/EEC concerning urban waste-water treatment. | Article 258 Letter of Formal Notice |
In addition to these cases, there are nine pilot cases which are all at pre-infringement stage and raise issues relating to environmental impact assessment, access to environmental information, marine environment policy and national emissions. My Department is in on-going correspondence with the EU Commission to address outstanding issues in these cases as soon as possible.
My Department continues to put in place the necessary measures to improve the transposition, implementation and enforcement of environmental law in Ireland. A dedicated Environmental Compliance Unit within my Department is responsible for engaging with the EU Commission on these issues and works closely with other Departments and Agencies, as required, in response to each case.
My Department arranges regular meetings in Dublin with the Commission’s DG Environment, most recently in November 2015, to discuss infringements and general issues regarding the implementation of EU environmental law. These meetings provide a constructive format for relevant officials from all relevant Departments to discuss and agree a road-map for closure of pilot and infringement cases.
Furthermore, in a recent meeting that I had with the EU Environment Commissioner, Karmenu Vella, on 8thJuly, I reassured him of my commitment to resolving these outstanding issues and ensuring that Ireland is fully compliant with EU environmental law.
As well as working closely with EU Commission officials, my Department also engages directly with environmental NGOs on these matters through the Environmental Law Implementation Group (ELIG). ELIG was formally established in 2012 as a platform for greater consultation and communication between my Department, other Departments and Agencies, and eNGOs regarding the effective implementation of environmental law in Ireland. The Group facilitates public participation in decision-making and provision of access to justice for the public in respect of environmental issues, and also provides an opportunity to alert my Department of any potential or actual damage to the environment at the earliest possible time with issues being resolved before any further escalation.
As a result of my Department’s continued commitment and engagement on these matters, there has been a considerable reduction in open environmental infringement cases against Ireland over a number of years from 31 environmental infringement cases back in 2010 to currently only 7 open cases, 3 of which are the responsibility of my colleague, the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs.
Further information on proceedings and investigations are available to the public on request through contact details provided on my Department’s website. However, as open cases are considered formal legal proceedings, the disclosure of information is restricted to a degree until a case is closed or the Court has delivered a judgement.
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