Dáil Éireann Debate, Thursday - 9 December 2004
75 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the number of legal proceedings currently being taken against the Government for its failure to comply with EU legislation designed to protect the environment; and if he will make a statement on the matter. [32672/04]
View answerThere are currently seven cases in respect of which the European Commission has initiated legal action as regards EU environmental directives, six of which are the direct responsibility of my Department. This figure includes one case where the Commission has applied to the court for a daily fine as regards the incomplete transposition of the environmental impact assessment directive.
The six cases for which my Department has responsibility include the directive on dangerous substances in water. This directive is substantially implemented in the context of the Local Government Water Pollution Act and related legislation, under which water quality standards have been established for phosphorous and 14 other substances. EPA monitoring indicates that dangerous substances as addressed by this directive are generally not a problem in Irish waters. The directive is being further implemented in the context of the implementation of the water framework directive.
As regards the directive on the assessment of the effects of certain public and private projects on the environment, commonly known as EIA directive, the points at issue relate to measures to deal with 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 the directive. There is ongoing communication with the Commission to resolve the matter.
Three cases relate to 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. The 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, SACs, under the habitats directive. The Department has worked to meet the requirements of the directive and has to all intents and purposes satisfied the requirements of the court judgment in this case.
The third case, proceedings in which were initiated by the Commission during October 2004, relates primarily to allegations that insufficient special protection areas, SPAs, have been classified under the birds directive and the habitats directive and that the protective mechanisms in place are insufficient. The defence in this case is currently being prepared. There are a number of related waste issues. The Advocate General delivered his opinion on this case to the European Court of Justice on 23 September 2004.
The seventh case relates to matters for which the Department of Communications, Marine and Natural Resources has responsibility and concerns the shellfish waters directive. The Irish authorities have responded to the letter of formal notice of September 2004, providing clarification to the Commission on the areas in which the Irish implementation programme was deemed to be deficient.
Two further cases referred to in the most recent reply to a question on this matter, Question No. 90 of 4 November 2004, are not now included as the judgments delivered by the European Court of Justice have been received. These cases related to end-of-life vehicles and reporting arrangements relating to ozone depleting substances. The current position as regards the former is set out in the reply to Question No. 24 on today's Order Paper, while a response to the latter judgment is being prepared.
