There are currently seven cases in respect of which the European Commission has initiated legal action in relation to non-implementation of EU directives in areas for which my Department has responsibility. This figure includes one case where the Commission applied to the court for a daily fine in relation to the incomplete transposition of the EIA directive. In a further case, the Commission has announced its intention to take legal action. The cases where legal action has been initiated are as follows.
Dangerous substances in water: This case relates to a directive on water quality. This directive is substantially implemented in the context of the Local Government Water Pollution Act and related legislation. For the purposes of this directive water quality standards have been established for phosphorous and 14 other substances. However, EPA monitoring indicates that dangerous substances are generally not a problem in Irish waters. The directive is being further implemented in the context of implementation of the water framework directive.
The directive on the assessment of the effects of certain public and private projects on the environment, commonly known as environmental impact assessment or EIA: The points at issue relate to one aspect of the implementation of the directive, with specific regard to peat extraction. The Commission applied to the European Court of Justice on 7 July 2003 seeking the application of a daily fine of €21,600 for each day of delay in implementing measures in relation to the environment impact directive. There is ongoing communication with the Commission to resolve the matter.
Two alleged failures to designate areas for conservation: The first case concerns the failure to fulfil obligations under the birds directive and the habitats directive and relates specifically to the effects of sheep overgrazing in the Owenduff and Nephin Beg regions. My Department is in communication with the Commission with a view to satisfying the requirements of the court. The second case relates to the designation of a sufficient number of special areas of conservation under the habitats directive. My Department has worked to meet the requirements of the directive and has to all intents and purposes satisfied the requirements of the court judgment.
A number of waste issues: The Advocate General delivered his opinion on this case to the European Court of Justice on 23 September 2004. On this matter, I refer to the reply to Question No. 27 on today's Order Paper.
End-of-life vehicles: It is intended to make regulations later this year fully transposing the directive's provisions and facilitating its full implementation in 2005.
The reporting requirements under an EU regulation on ozone depleting substances: A defence has been lodged in this case.
On 22 July 2003, the Commission issued a press release in which it stated its intention to take legal action in relation to the decision by the Government to introduce a €20 charge on citizens wishing to make submissions on development consent procedures. No official communication has been received from the Commission to date. I have no proposal to amend the relevant regulations, which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.
