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Environmental Policy.

Dáil Éireann Debate, Tuesday - 23 November 2004

Tuesday, 23 November 2004

Questions (575, 576, 577, 578, 579)

Ciarán Cuffe

Question:

625 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason that between 1998 and 2003, Ireland has had the second highest number of environment infringement cases of all EU member states; and if he will make a statement on the matter. [29673/04]

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Ciarán Cuffe

Question:

628 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if, in view of Ireland’s record concerning compliance with EU environmental regulations, he will consider upgrading or consolidating enforcement mechanisms; and if he will make a statement on the matter. [29676/04]

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Ciarán Cuffe

Question:

629 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the mechanisms that are in place to ensure compliance with EU environmental regulations; and if he will make a statement on the matter. [29677/04]

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Written answers

I propose to take Questions Nos. 625, 628 and 629 together.

I am keenly aware of the importance of timely transposition and effective implementation of EU environmental legislation. Some 200 pieces of EU environmental legislation, including more than 140 directives, have by now been transposed and, more recently, external legal and drafting expertise has been utilised in order to expedite this.

The European Commission has power to take infringement proceedings against member states where it considers that legislation has not been transposed or has been improperly transposed. In line with this prerogative, the Commission raises issues in correspondence with member states, and if agreement is not reached on how to address the issue, may take a case to the European Court of Justice. My Department is in ongoing communication with the Commission on a range of issues at any given time and in addition meets regularly with Commission officials to identify how issues of non-compliance can best be addressed. High priority is being given to addressing outstanding issues in consultation with the Commission and relevant stakeholders.

The European Commission published its fifth annual survey on the implementation and enforcement of Community environmental law 2003 in July 2004. The report included a performance table of member states under three headings, relating to non-transposition, non-conformity and failure to implement derived or secondary obligations. Of the then 15 member states Ireland was ranked sixth best in relation to transposition, eighth in relation to conformity and 15th in relation to the implementation of derived or secondary obligations.

My Department, through the local authorities and the Environmental Protection Agency, EPA, continues to work towards maintaining a high level of environmental protection for Ireland. To strengthen implementation structures, the office of environmental enforcement, OEE, has been established, with roles in direct enforcement action, in providing support and guidance for local authority enforcement efforts, and in pursuing those local authorities whose enforcement performance requires improvement. Ongoing EPA participation in IMPEL, an informal network of European regulators concerned with the implementation and enforcement of environmental legislation, also assists in this work.

Ciarán Cuffe

Question:

626 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason his Department failed to comply with EU Regulation No. 2037-2000; and if he will make a statement on the matter. [29674/04]

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Ciarán Cuffe

Question:

627 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason his Department chose not to reply to correspondence and notices of action from the European Commission and preferred to argue the case before the court, with its significant cost to the State; and if he will make a statement on the matter. [29675/04]

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I propose to take Questions Nos. 626 and 627 together.

Due to competing demands in relation to the requirements of new EU environmental legislation, and the need to deploy available resources on a priority basis, it was not previously possible to put in place the detailed arrangements which are necessary for the administration of EU Regulation 2037-2000 on substances that deplete the ozone layer. In this regard, it is important to note that none of the substances controlled under the regulation are produced in this country.

Prior to the judgment of the European Court of Justice steps were already being taken towards implementation of the regulation. Consultants, URS Ireland Limited., were appointed at the end of 2003 by the Environmental Protection Agency on behalf of my Department to advise in this regard and their final report is expected shortly. On receipt of the report, appropriate administrative arrangements for the regulation will be brought forward as a matter of urgency.

Questions Nos. 628 and 629 answered with Question No. 625.
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