Maureen O'Sullivan (Dublin Central, Independent)
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Question 446: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No 1413 of 29 September 2010 stating that Ireland is currently awaiting a response from the European Commission addressing Ireland's current position on the regulatory status of a site (details supplied); if a reply has been received and the date on which if was received [36643/10]

Maureen O'Sullivan (Dublin Central, Independent)
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Question 447: To ask the Minister for the Environment, Heritage and Local Government if he will confirm that the European Commission has issued a final written warning for Ireland's non-compliance with the 2005 Court of Justice waste ruling and cited the site (details supplied) as requiring a licence irregardless of any committee's deliberations as to the future use of the site [36646/10]

David Stanton (Cork East, Fine Gael)
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Question 455: To ask the Minister for the Environment, Heritage and Local Government if the Government has received a formal letter of notice from the European Commission in relation to the possible imposition of fines for its failure to sufficiently clean up the toxic waste at the former Irish Ispat site at Haulbowline, County Cork; and if he will make a statement on the matter. [36142/10]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 446, 447 and 455 together.

A complaint was received from the European Commission in May 2009, through the EU Pilot Pre-Infringement process, concerning the regulatory status of the former Irish Ispat site at Haulbowline. Ireland wrote to the Commission in October 2009 setting out the current position and a response from the Commission is still awaited. The Commission has recently forwarded to the Government an additional letter of formal notice, dated 30th September 2010, relating to the 2005 judgement of the Court of Justice of the European Communities in Case C-494/01. While it is the case that this letter references the former Irish Ispat site, this site did not form part of original judgement. The reference in the Commission's letter relates to the issue of ensuring that the site is covered by a valid waste authorisation and my Department will arrange for this issue to be addressed in the reply to be sent to the Commission within the two month period provided for under article 260(2) of the EU Treaty.

In June 2009, the Government decided that the Office of Public Works (OPW) would chair a working group to develop a structured and coherent approach to the further management and development of the former Irish Ispat site. The group is now established and has held a number of meetings.

The Terms of Reference of the OPW Working Group include looking at the regulatory requirements for the site and advising the Government on the most beneficial future use of the site. The future use will in itself determine the levels and extent of further works and/or remediation required, as well as helping to clarify the further regulatory requirements which may fall to be met. It is also understood that the EPA has been in contact with the OPW in relation to the regulatory requirements applicable to the site.