Ref. Ares(2021)6617590 - 27/10/2021
EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
The Director-General
Brussels 27/10/2021
ENV.E.3/PD/ib
Ms Ashley Glover
Sent by email with request for
acknowledgement
of
receipt:
ask+request-9982-
xxxxxxxx@xxxxxxxx.xxx
Subject: Your request for access to documents — Ref GestDem No 2021/5861
Dear Ms Glover,
We refer to your e-mail of 29 September 2021, which was registered on the 3 October
2021 under reference number GestDem 2021/5861. You request access to documents
which are relate to an ongoing infringement procedure INF2015/2006 against Ireland.
You are asking for communications leading to a decision to delay enforcement action
against Ireland in this case.
We regret to inform you that the Commission does not hold any documents that would
correspond to the description given in your application.
There was no decision taken to delay the case. An infringement procedure consists of
different formal steps, which have to be taken before deciding to refer a case to the Court
of Justice of the European Union (CJEU). The Commission initiated the above-
mentioned infringement case against Ireland for the failure to fully implement Directive
92/43/
EEC on the conservation of natural habitats and of wild fauna and flora1 by
sending a letter of formal notice in February 2015. After analysing the response of the
Irish authorities, the Commission sent a reasoned opinion in May 2016 which was
followed by an additional reasoned opinion in November 2018.
The objective of an infringement procedure is primarily to solve an identified problem in
implementing or applying Union law together with the Member State concerned in a
structured way. If the Commission comes to the conclusion that a Member State is not
able to remedy the situation in a reasonable period of time, a case may be taken to the
Court of Justice of the European Union (CJEU). The Commission took that decision in
the present case in July 2020. In July 2021 the court application was lodged.
1 OJ L 206 22.7.1992, p. 7.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
Office: BU-5 04/007 - Tel. direct line +32 229-64968
xxxxxxx.xxxxxxxxxxxx@xx.xxxxxx.xx
It also has to be noted that this case against Ireland is part of a broader exercise against
several Member States, which also did not fully comply with these requirements of the
Habitats Directive. Some of these infringement cases were already referred to the CJEU.
In order to strengthen its argumentation in the present case the Commission waited for
the judgments in its infringement case against Portugal and Greece on similar issues as in
the present case before taking further procedural steps.2
As specified in Article 2(3) of Regulation (EC) No 1049/2001, the right of access as
defined in that regulation applies only to existing documents in the possession of the
institution. Given that no such documents, corresponding to the description given in your
application, are held by the Commission, the Commission is not in a position to fulfil
your request.
In accordance with Article 7(2) of Regulation (EC) No 1049/2001, you are entitled to make
a confirmatory application requesting the Commission to review this position.
Such a confirmatory application should be addressed within 15 working days upon receipt
of this letter to the Secretariat-General of the Commission at the following address:
European Commission
Secretariat-General
Transparency,
Document
Management
&
Access
to
Documents
(SG.C.1)
BERL 7/076
B-1049 Brussels
or by email to:
xxxxxxxxxx@xx.xxxxxx.xx.
Yours sincerely,
e-signed
Florika FINK‑HOOIJER
2 See judgment of 5 September 2019, Commission v Portugal, C-290/18, EU:C:2019:669; judgment of
17 December 2020, Commission v Greece, C-849/19, ECLI:EU:C:2020:1047
2
Electronically signed on 26/10/2021 19:56 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482
