WRITTEN QUESTION E-0365/04 by Proinsias De Rossa (PSE) to the Commission. Separation of Accounts Directive.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: Ireland, application of EU law, economic relations, public finance, public sector

3.4.2004

EN

Official Journal of the European Union

C 84 E/377

(2004/C 84 E/0437)

WRITTEN QUESTION E-0364/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Packaging Waste Directive and Ireland

What reply has the Commission received from the Irish Government in response to the reasoned opinion
that it sent in December 2002, as announced in Commission press release IP/02/1922, regarding Ireland’s
failure to implement correctly the European Parliament and Council Directive 94/62/EC (1) on packaging
and packaging waste?

What action has it taken or is it considering taking in this matter?

(1) OJ L 365, 31.12.1994, p. 10.

Answer given by Mrs Wallström on behalf of the Commission

(5 March 2004)

The Commission notified a Reasoned Opinion to Ireland on 19 December 2002 with regard to Parliament
and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (1), as it was not
satisfied that Irish transposing legislation was adequate for the purpose of meeting recovery and recycling
targets that need to be achieved by the end of 2005 under the terms of Article 6 of the Directive. In June
2003, Ireland notified new legislation, with strengthened provisions in relation to Article 6. As a result, the
Commission subsequently terminated the infringement procedure.

(1) OJ L 365, 31.12.1994.

(2004/C 84 E/0438)

WRITTEN QUESTION E-0365/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Separation of Accounts Directive

What reply, if any, did the Commission receive from the Irish Government in response to the reasoned
opinion that it sent to Ireland and five other Member States in June 2002 (as announced in Commission
press release IP/02/944) in relation to the Separation of Accounts Directive (cid:1) Commission Directive 2000/
52/EC (1)?

(1) OJ L 193, 29.7.2000, p. 75.

Answer given by Mr Monti on behalf of the Commission

(8 March 2004)

Ireland replied to the reasoned opinion issued by the Commission on 26 June 2002 by letter of 26 August
2002. In its reply, Ireland stated that it is in substantial compliance with Commission Directive 2000/52/
EC of 26 July 2000 amending Directive 80/723/EEC on the transparency of financial relations between
to inform the
Member States and public undertakings, other than in relation to the requirement
Commission of the relevant provisions.

More specifically, Ireland further confirmed that the above-mentioned Directive has been brought to the
attention of all relevant State bodies to whom the Directive applies, which were therefore aware of the
Directive and of the necessity to comply with it.

C 84 E/378

Official Journal of the European Union

EN

3.4.2004

According to the Irish authorities all such bodies were complying fully with its provisions, with the
exception of the following:

(cid:1) The Córas Iompair Éireann (CIE) Group was not expected to be compliant until 2003.

(cid:1) In relation to Radio Telefis Éireann (RTÉ), the legislation enacted in 2001 imposed requirements on
RTÉ and gave powers to the relevant Minister with regard to the separation of accounts by RTÉ along
the lines required by the Directive. These include a provision which sought to clarify the public service
remit of RTÉ and the manner in which licence fee revenue may be used and accounted for, a
requirement that licence fee revenue or income generated from public service broadcasting services
must not be used by RTÉ to provide commercial channels as well as a requirement to keep separate
accounts in that regard. Finally, Ireland concluded that RTÉ was in the process of making changes to
its accounting systems, which should facilitate compliance with the Directive.

Ireland further stated that all private entities currently enjoying special or exclusive rights or being
entrusted with the operation of services of general economic interest are covered by Article 4(2) of the
Directive. For the future, Ireland stated that all Government Ministries have been made aware of the
necessity to ensure that any bodies which may in the future be covered by the Directive are promptly
made aware of the same and of the need to comply with its provisions.

The Commission considers that Ireland’s letter does not meet the legal requirements that would allow the
Commission to verify that Ireland has fully complied with its obligations. Indeed, Ireland was not able to
identify the national legal acts implementing the Directive (full title and official publication references of
the national act), including a full copy of the relevant measures.

As Ireland continued to be in breach of
the
Commission was obliged to deliver an application pursuant to Article 226 of the EC Treaty to the Court
of Justice (affaire C-99/03).

the implementation and notification requirements,

(2004/C 84 E/0439)

WRITTEN QUESTION E-0367/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Animal experiments in Ireland

What reply did the Commission receive from the Irish Government in response to the reasoned opinion
that it sent to Ireland in June 2002, as announced in Commission press release IP/02/946, regarding
Ireland’s failure to comply with the 2001 European Court of Justice ruling on Ireland’s compliance with
the Animal Experiments Directive (Council Directive 86/609/EEC (1))?

What action has it taken or is it proposing to take in this matter?

(1) OJ L 358, 18.12.1986, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(8 March 2004)

On 27 June 2002, the Commission notified a Reasoned Opinion to Ireland under Article 228 of the EC
Treaty with regard to Ireland’s failure to comply with the judgment of the Court of Justice of the European
Communities, dated 18 October 2001, in case C-354/99 Commission v Ireland concerning the application
of Council Directive 86/609/EEC of 24 November 1986 (1) on the approximation of the laws, regulations