Brendan Howlin (Wexford, Labour)
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Question 488: To ask the Minister for the Environment, Heritage and Local Government if the terms of the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 20040) and planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. 436 of 2004) were compiled with the preparation of the notice of intention to designate Wexford harbour and Slobs SPA as special protection area.; and if he will make a statement on the matter. [7597/08]

John Gormley (Dublin South East, Green Party)
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Under Article 3 of the EU Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment, Strategic Environmental Assessment (SEA) is required for all plans and programmes which are likely to have significant environmental effects and which:

are either prepared for certain specified sectors, such as land use planning, which set the framework for any future development consent for a project; or

have been determined to require an assessment under the EU Habitats Directive, 1992, in view of their likely effect on any site designated as a Special Area of Conservation (SAC) or Special Protection Area (SPA).

SEA is not required when an area is proposed for designation — or re-designation as in the case of Wexford Harbour SPA — as an SAC or SPA. Rather, once a designation is proposed, any future plans and programmes which are likely to have an effect upon such a designated area will have to be assessed for their likely implications and, if necessary, modifications made to avoid the risk of any significant adverse effects on the environment.