14.5220

EUROPEAN COMMISSION

HR
DIRECTORATE-GENERAL
m vw ENVIRONMENT
Far The Director-General

Brussels, 15 JUN 2005
ENV A2/LC/ac D(2005)11467

Your Excellency,

On 2 June 2005, the European Court of Justice delivered a judgment in case
C-282/02, Commission v Ireland which declared that:

in failing to take all of the measures necessary to ensure a correct transposition and
application of Council Directive »Z6/464/EEC of 4 May 1976 on pollution caused by
certain dangerous substances discharged into the aquatic environment of the
Community, Ireland has failed to comply with its obligations under Article 7 of that

directive.

By virtue of Article 228, paragraph 1, of the Treaty establishing the European
Communities, if the Court of Justice finds that a Member State has failed to fulfil an
obligation under this Treaty, the State shall be required to take the necessary measures to
comply with the judgment of the Court of Justice.

In accordance with paragraph 2 of Article 228 of the EC Treaty, the Commission would
like to draw to the attention of the Irish Government to the fact that, where the Member
State concerned does not take the necessary measures to comply with the Court of
Justice judgement, the Commission may bring the case before the Court of Justice. In
doing so, the Commission shall specify the amount of ihe lump sum or penalty payment
to be paid by the Member State concerned which it considers appropriate in the
circumstances. If the Court of Justice finds that the Member State concerned has not
complied with its judgement it may impose a Jump sum or a penalty payment on it.

The Commission has stated in its communication dated 5 June 1996 conceming the
implementation of Article 228 of the EC Treaty (0.J. No. C 242 of 21/8/96, p.6) that it

considers that a penalty payment is ihe most appropriate instrument to secure compliance
as rapidly as possible (point 4 of the communication). The Commission has also

Her Excellency.Ms

Permanent Representative of Ireland to ine European Union
Rue Froissart 89-93

B-1040 Bruxelles

Commission europsenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
Office: BU-9 1/204. Telephone: direct line (32-2) 299 03 25. Fax: (32-2) 299 10 70.

E-mail: Liam-Joseph.Cashman@cec.eu.int

published the method of calculating the penalty payments provided for pursuant to
Article 228 of the EC Treaty in the Official Journal (O.J. No. 63 of 28/2/97, p.2); it is
specified that for the purposes of calculating the penalty payment, the duration of the
infringement runs from the date of the first Court judgment. (point 3.2).

Against this background, I would be grateful if your authorities could inform me of the
measures taken by Ireland to comply with the judgment of the European Court of Justice
delivered on 2 June 2005. I would be pleased to receive this information within three
months ofreceipt of this letter.

Yours faithfully,

Gr ur

Catherine Day