Trevor Sargent (Dublin North, Green Party)
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Question 314: To ask the Minister for the Environment, Heritage and Local Government if he intends to contest to the end the case brought before the European Court of Justice against Ireland for requiring a €20 fee for making submissions regarding a development which is covered by the EIA directive. [32273/05]

Trevor Sargent (Dublin North, Green Party)
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Question 315: To ask the Minister for the Environment, Heritage and Local Government the action he intends to take in regard to fees which are being, and which have been, paid to local authorities and An Bord Pleanála for submissions made by the public under the EIA directive if the European Court of Justice rules that such a fee infringes European law. [32274/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 314 and 315 together.

On 17 May 2005, the European Commission initiated proceedings in the European Court of Justice seeking a declaration that the charging of fees for the making of submissions on planning applications and appeals which require an environmental impact assessment is in breach of the Environmental Impact Assessment Directive 85/337/EEC, as amended.

Ireland lodged a full defence to these proceedings on 11 July 2005. As the matter is now with the European Court of Justice for determination, it would not be appropriate for me to comment further.