AND 

Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason his Department chose not to reply to correspondence and notices of action from the European Commission and preferred to argue the case before the court, with its significant cost to the State; and if he will make a statement on the matter. 

Due to competing demands in relation to the requirements of new EU environmental legislation, and the need to deploy available resources on a priority basis, it was not previously possible to put in place the detailed arrangements which are necessary for the administration of EU Regulation 2037-2000 on substances that deplete the ozone layer.  In this regard, it is important to note that none of the substances controlled under the regulation are produced in this country.

Prior to the judgment of the European Court of Justice steps were already being taken towards implementation of the Regulation.  Consultants, URS Ireland Ltd., were appointed at the end of 2003 by the Environmental Protection Agency on behalf of my Department to advise in this regard and their final report is expected shortly.  On receipt of the report, appropriate administrative arrangements for the regulation will be brought forward as a matter of urgency.