# CE2004078EN.01053801.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/538 |
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27.3.2004

EN

Official Journal of the European Union

CE 78/538

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(2004/C 78 E/0560)

WRITTEN QUESTION E-3404/03

by Patricia McKenna (Verts/ALE) to the Commission

(17 November 2003)

Subject:   Ireland and infringement cases for bad application of EU environmental legislation

Subject:

| 1. | What are the 85 cases from the period 1998 to 2002 in which Ireland received a letter of formal notice due to the bad application of environmental law and to which directives do they relate? |
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1.

What are the 85 cases from the period 1998 to 2002 in which Ireland received a letter of formal notice due to the bad application of environmental law and to which directives do they relate?

| 2. | How many implementation court cases has Ireland lost in the period 1993-2003? |
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2.

How many implementation court cases has Ireland lost in the period 1993-2003?

| 3. | How many ‘letters of formal notice’ were delivered to Ireland in the period 1993 to 1998? |
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3.

How many ‘letters of formal notice’ were delivered to Ireland in the period 1993 to 1998?

| 4. | What are the cases for which the Commission has officially opened files relating to Ireland but which have not yet led to a letter of formal notice? |
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4.

What are the cases for which the Commission has officially opened files relating to Ireland but which have not yet led to a letter of formal notice?

| 5. | Regarding other Member States, in how many cases has the Commission issued a ‘reasoned opinion’ during the period 1993 to 2003? |
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5.

Regarding other Member States, in how many cases has the Commission issued a ‘reasoned opinion’ during the period 1993 to 2003?

Answer given by Mrs Wallström on behalf of the Commission

(22 December 2003)

(22 December 2003)

| 1. | Between 1998 and 2002, a total of 75 letters of formal notice were notified to Ireland with regard to cases involving bad application of Union environmental legislation (1). An additional number of letters of formal notice were notified for cases involving only issues of non-communication of national implementing legislation or the non-conformity of such legislation, giving a total of 108 letters of formal notice. Of the 75 letters relating to bad application, most related to complaint files, but 14 concerned files opened on the Commission's own initiative. These addressed the failure to classify sufficient special protection areas for wild birds, the failure to sufficiently identify sensitive areas for purposes of urban waste water treatment and the failure to submit reports or other information required by environmental directives. Several letters of formal notice involved a failure to respond to Commission information requests, and were based on Article 10 of the EC Treaty (duty of co-operation). Other letters of formal notice forming part of complaint investigations covered a wide range of issues, including the following: the failure to undertake environmental impact assessments; threats to important wild-life sites from projects or activities; the lack of effective action to deal with illegal waste activities; the failure to ensure adequate groundwater protection; the lack of adequate protection of shellfish production areas from water pollution; the lack of compliance with rules on animal experiments; the odour nuisance from an urban waste water treatment plant. |
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1.

Between 1998 and 2002, a total of 75 letters of formal notice were notified to Ireland with regard to cases involving bad application of Union environmental legislation (1). An additional number of letters of formal notice were notified for cases involving only issues of non-communication of national implementing legislation or the non-conformity of such legislation, giving a total of 108 letters of formal notice. Of the 75 letters relating to bad application, most related to complaint files, but 14 concerned files opened on the Commission's own initiative. These addressed the failure to classify sufficient special protection areas for wild birds, the failure to sufficiently identify sensitive areas for purposes of urban waste water treatment and the failure to submit reports or other information required by environmental directives. Several letters of formal notice involved a failure to respond to Commission information requests, and were based on Article 10 of the EC Treaty (duty of co-operation). Other letters of formal notice forming part of complaint investigations covered a wide range of issues, including the following: the failure to undertake environmental impact assessments; threats to important wild-life sites from projects or activities; the lack of effective action to deal with illegal waste activities; the failure to ensure adequate groundwater protection; the lack of adequate protection of shellfish production areas from water pollution; the lack of compliance with rules on animal experiments; the odour nuisance from an urban waste water treatment plant.

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| 2. | In the period 1993-2003, there were eight judgements against Ireland in relation to Union environmental legislation. The judgements concerned cases C-392/96 on impact assessment, C-354/99 on animal experiments, C-67/99 on habitat nominations, C-l77/2000 on sheep overgrazing, C-316/2000 on polluted drinking water, C-394/2000 on major accident hazards, C-376/2001 on biocidal products and C-67/2002 on pollution reduction programmes for shellfish waters. |
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2.

In the period 1993-2003, there were eight judgements against Ireland in relation to Union environmental legislation. The judgements concerned cases C-392/96 on impact assessment, C-354/99 on animal experiments, C-67/99 on habitat nominations, C-l77/2000 on sheep overgrazing, C-316/2000 on polluted drinking water, C-394/2000 on major accident hazards, C-376/2001 on biocidal products and C-67/2002 on pollution reduction programmes for shellfish waters.

| 3. | 16 letters of formal notice were sent to Ireland for bad application in the period 1993-1998. |
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3.

16 letters of formal notice were sent to Ireland for bad application in the period 1993-1998.

| 4. | In mid-November 2003, the Commission had 85 complaint and own-initiative files open against Ireland for which no letter of formal notice had been sent. These files covered a range of matters, including alleged failures with regard to environmental impact assessment, threats to wildlife sites, illegal waste operations and pollution of drinking water. |
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4.

In mid-November 2003, the Commission had 85 complaint and own-initiative files open against Ireland for which no letter of formal notice had been sent. These files covered a range of matters, including alleged failures with regard to environmental impact assessment, threats to wildlife sites, illegal waste operations and pollution of drinking water.

| 5. | During the period 1993 to 2003, 279 Reasoned Opinions in total were notified to Member States other than Ireland in cases involving bad application of Union environmental legislation. A total of 894 Reasoned Opinions was notified to other Member States in relation to all aspects of compliance with Union environmental legislation, i.e. non-communication and non-conformity as well as bad application. |
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5.

During the period 1993 to 2003, 279 Reasoned Opinions in total were notified to Member States other than Ireland in cases involving bad application of Union environmental legislation. A total of 894 Reasoned Opinions was notified to other Member States in relation to all aspects of compliance with Union environmental legislation, i.e. non-communication and non-conformity as well as bad application.

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(1)  Because of communications by Ireland, not all Commission decisions to notify a Letter of Formal Notice to Ireland were implemented.

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