Dáil Éireann debate -
Tuesday, 27 Apr 1999

Vol. 503 No. 6

Written Answers. - EU Directives.

Liz McManus

Question:

48 Ms McManus asked the Minister for the Environment and Local Government the EU directives for which his Department has responsibility and in respect of which the EU has notified his Department that the Government has failed to comply with their terms or transpose them into domestic legislation; the stage of proceedings in relation to each directive; and if he will make a statement on the matter. [10846/99]

Minister for the Environment and Local Government (Mr. Dempsey)

The European Commission has notified my Department, by way of Reasoned Opinion under Article 169 of the Treaty on the European Union, of eight cases of non-transposition or failure to comply with the terms of EU directives.

The directives involved in these instances are as follows: Directive 75/442 on waste, as amended by Directive 91/156, Directive 91/689 on hazardous waste, and European Parliament and Council Directive 94/62 on packaging and packaging waste as they relate to waste management planning: The Commission has been requested to defer further action in this matter, in light of the substantial progress achieved in the current waste planning process. Directive 85/337 relating to environment impact assessments: Ireland and the Commission have differing views on the application of the directive to wind farms and are in communication in this regard. Wind farm development will, however, require environmental impact assessments from 1 May 1999 under new regulations which I have recently made (S.I. No. 93/99). Directive 91/692 on reports on implementation of certain directives: Ireland has responded to the Commission in respect of its reasoned opinion in relation to outstanding reports under this directive. Directive 96/53 relating to maximum dimensions in national and international traffic: Required regulations will be made in mid 1999. Directive 97/26 relating to driving licences: the Commission has been notified that this directive will be transposed in September 1999. Directive 97/68 relating to emissions from non-road mobile machines: regulations to transpose the directive are currently being drafted.

In two instances action has already been taken in regard to matters raised by the Commission. Directive 76/464 relating to establishment of water quality standards for certain dangerous substances: Water quality standards for phosphorus were made in July 1998 and statutory provision will be made this year for water quality standards for a range of other dangerous substances. Directive 96/62 relating to ambient air quality assessment and management: regulations have been made transposing framework elements of the directive which are not dependent on subsequent subsidiary air quality directives.

European court proceedings have been initiated on the operation of national legislation in the area of environmental impact assessment. The court is expected to rule later this year.