WRITTEN QUESTION E-0367/04 by Proinsias De Rossa (PSE) to the Commission. Animal experiments in Ireland.
Date: 2004-02-12
Institutions: European Parliament, Provisional data
Subjects: Ireland, animal experimentation, application of EU law, protection of animals

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

3.4.2004

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Official Journal of the European Union

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the Member States regarding the protection of animals used for
and administrative provisions of
experimental and other scientific purposes, and Article 10 of the EC Treaty establishing the European
Community.
Ireland notified new legislation to comply with the judgement.
The infringement procedure was subsequently terminated.

In December 2002,

(1) OJ L 358, 18.12.1986.

(2004/C 84 E/0440)

WRITTEN QUESTION E-0368/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Irish Government charges and the Seveso II Directive

What has been the Irish Government’s reply to the reasoned opinion announced on 18 July 2003 (IP/03/
1048) regarding the Irish Government’s decision to charge members of the public for expressing an
opinion on developments concerning major industrial installations under the Seveso II Directive on the
control of major industrial accidents involving dangerous substances (Council Directive 96/82/EC (1)).

What action is the Commission proposing to take in this matter?

(1) OJ L 10, 14.1.1997, p. 13.

(2004/C 84 E/0441)

WRITTEN QUESTION E-0369/04

by Proinsias De Rossa (PSE) to the Commission

(12 February 2004)

Subject: Public consultation during the preparation of emergency plans under the Seveso II Directive

What has been the Irish Government’s reply to the reasoned opinion announced on 18 July 2003 (IP/03/
1048) regarding the failure of the Irish Government to ensure adequate consultation of the public during
the preparation of emergency plans, as required by the Seveso II Directive on the control of major
industrial accidents involving dangerous substances (Council Directive 96/82/EC (1))?

What action is the Commission now proposing to take in this matter?

(1) OJ L 10, 14.1.1997, p. 13.

Joint answer
to Written Questions E-0368/04 and E-0369/04
given by Mrs Wallström on behalf of the Commission

(22 March 2004)

The Commission notified a Reasoned Opinion to Ireland on 11 July 2003 with regard to Council Directive
96/82/EC of 9 December 1996 on the control of major industrial accidents involving dangerous
substances, as it was not satisfied that Irish transposing legislation was compliant with Articles 11, 12
and 13 of the Directive. The issues referred to by the Honourable Member relate to Article 11 (public
consultation in the preparation of external emergency plans) and Article 13 (right of public to express an
opinion on certain developments). In September 2003, Ireland notified new legislation with regard to
Article 11 (1). This appears to rectify a weakness in the previous Irish transposing legislation. Ireland’s
position has not changed with regard to the use of participation fees. The Commission is still considering
Ireland’s response with regard to Article 12 of the Directive.

(1) S.I. No 402 of 2003.