DR all Pol , E, WIUMUS,

Buan lonadaiocht Per er Representation

  

na hRireann of Ireland

chuig an Aontas Eorpach to ee European Union

Preotöd- C) MAEARU we + Wr 2f
Ms Catherine Day C- a

Secretary-General

Secretariat-General

Commission ofthe European Communities
200 Rue de la Loi

B1049 Brussels

Belgium

24 August 2007

 

Reasoned Opinion (reference SG-Greffe (2007) D/201417) relating to ECJ Case
C-396/01 regarding implementation of the Nitrates Directive (91/676/EEC).

Dear Secretary-General

I have been asked by my authorities to refer to my letter of 11 June 2007 and
previous correspondence to the European Commission concerning the
Commission’s Reasoned Opinion addressed to Ireland under Article 228 of the
Treaty (reference SG-Greffe (2007) D/201417) relating to measures taken by Ireland
to comply with the judgment of the European Court of Justice in Case C-396/01
regarding Ireland’s implementation of the Nitrates Directive (Council Directive
91/676/EEC).

The Reasoned Opinion alleges failure by Ireland to take all the necessary measures
to comply with the judgment by reason of the inadequacy of the penalty provisions
ofthe European Communities (Good Agricultural Practice for Protection of Waters)
Regulations 2006 (S.I. No. 378 of 2006).

I enclose, by way of notification in accordance with Article 12 of the Nitrates
Directive and in response to the ECJ judgment in Case C-396/01, a copy of the
European Communities (Good Agricultural Practice for Protection of Waters)
(Amendment) Regulations 2007 (S.I. No. 526 of 2007). The Regulations, which
were made following the enactment of the European Communities Act 2007 (copy
also enclosed), amend the European Communities (Good Agricultural Practice for
Protection of Waters) Regulations 2006 (S.I. No. 378 of 2006) by providing for
increased penalties and for prosecution on indictment of offences.

REPRESENTATION PERMANENTE DE LIRLANDE AUPRES DE L’UNION EUROPEENNE
Rue Froissart 89-93, 1040 Bruxelles Tel. 02 230 85830 Fax 02 230 3203

Notice of the making of the Regulations was published in Iris Oifigivil (the
Government gazetteer for official promulgation of all legislation) on 24 July 2007.
The Regulations were formally notified to the Commission under NEMS on 22
August 2007.

My authorities consider that these Regulations respond in full to the inadequacies
stated in the Reasoned Opinion and request accordingly that this case should now be

closed.

Yours sincerely

v

Environment Counsellor N

cc Mogens Peter Carl
Director General
DG Environment

UG Environment
DG Environment

DG Environment

STATUTORY INSTRUMENTS,.

S.I. No. 526 of 2007

EUROPEAN COMMUNITIES (GOOD AGRICULTURAL PRACTICE
FOR PROTECTION OF WATERS) (AMENDMENT) REGULATIONS
2007

(Prn. A7/1406)

[526] 3

3. These Regulations and the Principal Regulations shall be construed
together and may be cited together as the European Communities (Good Agri-
cultural Practice for Protection of Waters) Regulations 2006 and 2007,

4. Article 26 of the Principal Regulations is hereby amended by the substi-
tution of the following for sub-article (1)—

“(1) A person who contravenes a provision of Parts 2 to 5 of these Regu-
lations is guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding €5,000 or to impris-
onment for a term not exceeding 3 months, or

(b) on conviction on indictment to a fine not exceeding €500,000 or
to imprisonment for a term not exceeding one year

or to both such line and such imprisonment.”.

GIVEN under my Official Seal,
19 July 2007

JOHN GORMLEY.
Minister for the Environment, Heritage and Local
Government.

BAILE ÄTHA CLIATH

ARNA FHOILSIÜ AG OIFIG AN tSOLÄTHAIR

Le ceannach direach ön
OIFIG DH{OLTA FOILSEACHÄN RIALTAIS,
TEACH SUN ALLIANCE, SRÄID THEACH LAIGHEAN, BAILE ATHA CLIATH 2
nö trid an bpost 6
FOILSEACHÄIN RIALTAIS, AN RANNÖG POST-TRÄCHTA,
51 FAICHE STIABHNA, BAILE ÄTHA CLIATH 2
(Teil: 01 - 6476834/35/36/37, Fax: 01 - 6476843)

nö tri aon dioltöir leabhar.

DUBLIN
PUBLISHED BY THE STATIONERY OFFICE
To be purchased directly from the
GOVERNMENT PUBLICATIONS SALE OFFICE
SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2
or by mail order from

GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION,

51 ST. STEPHEN’S GREEN, DUBLIN 2

(Tel: 01-6476834/35/36/37, Fax: 01-6476843)

or through any bookseller.

ISBN 1-4064-3245-8

9'781406'432459

Wt. (B25491). 485. 7/07. Cahill, Gr. 30-15.

Section
1.

2:
3.

 

Number 18 of 2007

EUROPEAN COMMUNITIES ACT 2007

ARRANGEMENT OF SECTIONS

Definitions.
Amendment of section 3 of Act of 1972.
Regulations to which section 3(3) of Act of 1972 applies.

Power to give effect to European acts under statutes other
than Act of 1972,

Validation of certain statutory instruments.

Short title and collective citation.

Number 18 of 2007

EUROPEAN COMMUNITIES ACT 2007

AN ACT TO AMEND THE EUROPEAN COMMUNITIES ACT
1972 FOR THE PURPOSE OF ALLOWING OFFENCES
UNDER REGULATIONS UNDER THAT ACT TO BE
PROSECUTED ON INDICTMENT,; TO MAKE PROVISION
IN RELATION TO THE TRANSPOSITION OF PRO-
VISIONS OF THE TREATIES GOVERNING, AND ACTS
OF THE INSTITUTIONS OF, THE EUROPEAN COM-
MUNITIES UNDER ACTS OF THE OIREACHTAS
OTHER THAN THAT ACT; AND TO PROVIDE FOR
MATTERS CONNECTED THEREWITH.

[2152 April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—
“Act of 1972” means the European Communities Act 1972;
“European act” means—

(a) a provision of the treaties governing the European Com-
munities, or

(b) an act, or provision of an act, adopted by an institution of
the European Communities or any other body competent
under those treaties;

“European Communities” has the same meaning as it has in the Act
of 1972;

“statute” means—
(a) an Act of the Oireachtas, or

(b) a statute that was in force in Saorstät Fireann immediately
before the date of the coming into operation of the Con-
stitution and that continues to be of full force and effect
by virtue of Article 50 of the Constitution;

“statutory instrument” means an order, regulation, rule, scheme or
bye-law made in exercise of a power conferred by statute;

“treaties governing the European Communities” has the same mean-
ing as it has in the Act of 1972.

Definitions.

[2007.] European Communities Act 2007. [No. 18.)

4.—(1) A power to make a statutory instrument conferred on a
Minister of the Government by a provision of a statute may be exer-
cised for the purpose of giving effect to a European act if the obli-
gations imposed on the State under the European act concerned
relate, in whole, to matters to which that provision relates.

(2) A statutory instrument made for a purpose referred to in sub-
section (1) may contain such incidental, supplementary and conse-
quential provisions as appear to the Minister of the Government
making the statutory instrument to be necessary for the purposes of
the statutory instrument (including provisions repealing, amending
or applying, with or without modification, other law, exclusive of this
Act, the Act of 1972 and the provision of the statute under which
the statutory instrument is made).

(3) Where a statutory instrument is made for a purpose referred
to in subsection (1), the statutory instrument, or the preamble or
recital to the statutory instrument, shall specify the European act to
which the statutory instrument gives effect.

(4) Section 2 of the Ministers and Secretaries (Amendment) (No.
2) Act 1977 shall not apply to a power to make a statutory instrument
for a purpose referred to in subsection (1).

(5) This section applies to a power that, but for this section, would
not be exercisable for the purpose of giving effect to a European act.

5.—(1) Every statutory instrument made before the passing of
this Act—

(a) under a provision of a statute that did not provide for the
exercise of the power conferred by that provision for the
purpose of giving effect to a European act, and

(b) that purported to give effect to a European act,

shall, in so far as it purported to give such effect, have statutory
effect as ifit were an Act of the Oireachtas,.

(2) If subsection (]) would, but for this subsection, conflict with a
constitutional right of any person, the operation of that subsection
shall be subject to such limitation as is necessary to secure that it
does not so conflict but shall otherwise be of full force and effect.

6.—(1) This Act may be cited as the European Communities
Act 2007.

(2) The European Communities Acts 1972 to 2006 and this Act
may be cited together as the European Communities Acts 1972 to
2007.

Power to give effect
to European acts
under statutes other
than Act of 1972,

Validation of
certain statutory
instruments.

Short title and
collective citation.

STATUTORY INSTRUMENTS.

S.I. No. 526 of 2007

EUROPEAN COMMUNITIES (GOOD AGRICULTURAL PRACTICE
FOR PROTECTION OF WATERS) (AMENDMENT) REGULATIONS
2007

(Prn. A7/1406)

[526) 3

3. These Regulations and the Principal Regulations shall be construed
together and may be cited together as the European Communities (Good Agri-
cultural Practice for Protection of Waters) Regulations 2006 and 2007.

4. Article 26 of the Principal Regulations is hereby amended by the substi-
tution of the following for sub-article (1)—

“(1) A person who contravenes a provision of Parts 2 to 5 of these Regu-
lations is guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding €5,000 or to impris-
onment for a term not exceeding 3 months, or

(b) on conviction on indietment to a fine not exceeding €500,000 or
to imprisonment for a term not exceeding one year

or to both such line and such imprisonment.”.

GIVEN under my Official Seal,
19 July 2007

JOHN GORMLEY.
Minister for the Environment, Heritage and Local
Government.