Dáil Éireann Debate, Wednesday - 8 March 2006
50 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government the number of EU Directives for which his Department has responsibility which remain to be transposed into Irish law; when he plans to transpose them; and if he will make a statement on the matter. [9498/06]
Amharc ar fhreagraI am aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 directives, have by now been transposed in this country. There are nine directives in my Department's area of responsibility which are outstanding for transposition, details of which are set out in the following table.
|
Directive Number and Title |
Date Due for Transposition |
Current Position on Transposition |
|
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles |
21 April 2002 |
My Department has published draft regulations for public consultation to give effect to this directive. It is anticipated that the legislation fully transposing the directive will be finalised in the second quarter of 2006. |
|
Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise |
18 July 2004 |
It is intended that the regulations to transpose this directive will be signed shortly. |
|
Directive 2002/88/EC of the European Parliament and of the Council of 9 December 2002 amending Directive 97/68/EC on the approximation of the laws of the member states relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery Directive 2004/26/EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97/68/EC on the approximation of the laws of the member states relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery |
11 August 2004 20 May 2005 |
The drafting of regulations to transpose these is ongoing and will be completed as quickly as possible. |
|
Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC |
14 February 2005 |
Regulations for the transposition of this directive are in drafting and it is intended that it will be transposed at the earliest possible date. |
|
Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC |
25 June 2005 |
Work is continuing on the various instruments with a view to completing transposition at the earliest possible date. |
|
Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste |
18 August 2005 |
My Department has prepared draft regulations to transpose this directive. These have been submitted to the EU Commission. |
|
Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC |
31 October 2005 |
The drafting of regulations to transpose this directive is ongoing and will be completed as quickly as possible. |
|
Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings |
04 January 2006 |
Elements of this directive have already been transposed and this was notified to the Commission on 20 January 2006. Work is continuing, in co-operation with the Department of Communications Marine and Natural Resources, with a view to the submission of the outstanding transposing material by the second quarter of 2006. |
51 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the progress to date on the nitrates directive; and if he will make a statement on the matter. [9466/06]
Amharc ar fhreagra76 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his progress to date on the implementation of the nitrates directive; and if he will make a statement on the matter. [9543/06]
Amharc ar fhreagra86 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government further to the implementation of the nitrates directive, if he is satisfied that this legislation has taken into account all the advice he has received from different bodies; and if he will make a statement on the matter. [9544/06]
Amharc ar fhreagra93 Ms McManus asked the Minister for the Environment, Heritage and Local Government the advice he has received from Teagasc in relation to recommendations for phosphate limits to be included in the implementation of the nitrates directive; and if no advice has been received thus far, when he expects to receive advice on the matter from Teagasc. [9585/06]
Amharc ar fhreagraI propose to take Questions Nos. 51, 76, 86 and 93 together.
Ireland's national action programme under the nitrates directive was formally submitted to the European Commission on 29 July 2005 and I made the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 on 11 December 2005. These regulations give legal effect to the action programme and respond to the judgment of the European Court of Justice in 2004 which held that Ireland did not comply with the nitrates directive mainly by reason of failing to make an action programme under the directive. The action programme and regulations were prepared jointly by my Department and the Department of Agriculture and Food, in consultation with Teagasc, and involved an extensive consultation process with interested parties. The regulations generally came into effect on 1 February 2006 with specific provisions to be phased in over a three-year period.
The fertilisation standards for nitrogen and phosphorus specified in the regulations are in line with good agricultural practice and the agronomic requirements of crops and are based on the fertilisation guidelines published by Teagasc. They are also consistent with the environmental standards set out in the directive and were subject to detailed scrutiny by EU scientific experts.
Subsequent to the making of the regulations in December 2005, Teagasc indicated that it may be possible to review part of its advice on crop nutrient requirements in a way which could improve the effectiveness of the regulations. My Department secured agreement with the European Commission that there was merit in allowing time for this advice to be elaborated. To this end, I announced a brief de facto deferral of Part 3 of the regulations. I received a copy of the Teagasc advice on phosphorus and nitrogen limits on Friday 3 March 2006 and this advice is now being considered carefully by my Department and the Department of Agriculture and Food.
In accordance with the Government's commitment under Sustaining Progress, Ireland is pursuing with the European Commission, and other member states, its case for a derogation from 170 kg to 250 kg organic nitrogen per hectare. The scientific case in support of the derogation was prepared by the Department of Agriculture and Food in consultation with Teagasc and my Department. At the EU nitrates committee meeting on 12 December 2005, officials from my Department and the Department of Agriculture and Food made their initial presentation in seeking to secure Ireland's derogation. The objective had been to secure agreement on a derogation by mid-2006. Discussions with the European Commission on the derogation are at present in abeyance pending finalisation of issues in relation to nutrient management in the context of the regulations.
