Richard Bruton (Dublin North Central, Fine Gael)
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Question 849: To ask the Minister for the Environment, Heritage and Local Government if the EU has issued an opinion to the Government indicating that the charges being made under the planning Acts are not legitimate; the Government's views on this ruling; if the Government plans to contest this position; when a substantive hearing on the issue is likely to occur and the status of planning decisions reached in the event that the Government loses its case on appeal. [22798/05]

Dick Roche (Wicklow, Fianna Fail)
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On 23 January 2003, the European Commission issued Ireland with a reasoned opinion to the effect that the €20 fee for the making of a submission on a planning application which requires environmental impact assessment is contrary to the public participation provisions of Directive 85/337/EEC on environmental impact assessment, EIA. A reply issued to the European Commission on 16 May 2003, responding to each of the points raised in the reasoned opinion and setting out our contention that the imposition of a €20 participation fee is not in conflict with the provisions of the directive.

The European Commission lodged an application with the European Court of Justice on 17 May 2005 initiating proceedings against Ireland on this matter. My Department is examining relevant papers. I have no plans at this time to amend the concerned regulations which reflect an approach endorsed by the Oireachtas in the context of the Planning and Development Act 2000.

It is matter for the European Court of Justice to schedule a hearing on this case and my Department does not yet have information on when this will take place.