Dan Boyle (Cork South Central, Green Party)
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Question 879: To ask the Minister for the Environment, Heritage and Local Government if the directive 2004/35/EC of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage has been transposed into national law as yet; if the environmental damage such as that caused at a company (details supplied) in Offaly falls within the remit of this Directive; and if transposition has not yet occurred, when it is due to happen. [19578/05]

Dick Roche (Wicklow, Fianna Fail)
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Ireland is working towards the deadline of 30 April 2007 for implementing the EU Directive 2004/35/EC on environmental liability. The directive will apply, inter alia, to installations which are subject to a permit under Council Directive 96/61/EC concerning integrated pollution prevention and control. This permitting requirement is being implemented in Ireland through EPA licensing under Part 4 of the Environmental Protection Agency 1992. The directive on environmental liability will not however apply to damage caused by an emission, event or incident that took place before 30 April 2007; damage caused by an emission, event or incident which takes place subsequent to 30 April 2007 when it derives from a specific activity that took place and finished before that date; and damage caused if more than 30 years have passed since the emission, event or incident resulting in the damage occurred.