Robert Troy (Longford-Westmeath, Fianna Fail)
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Question 275: To ask the Minister for Agriculture, Fisheries and Food if he has had or plans to hold discussions with his European counterparts and the EU commission regarding the EU directive which will see farmers required to seek planning permission and environmental impact statement report before improving their land holding; and if he will make a statement on the matter. [21460/11]

Simon Coveney (Cork South Central, Fine Gael)
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The EU Directive referred to is the Environmental Impact Assessment (EIA) Directive, 85/337/EEC (as amended). The primary objective of the EIA Directive is to ensure that projects which are likely to have significant effects on the environment are subject to a prior assessment of their likely impacts before a decision is taken as to whether consent is granted to proceed.

The European Court of Justice (ECJ) issued a judgement against Ireland on the 20th November 2008. The Court found that Ireland, in relation to the specific projects the subject of the judgment, was overly reliant on size thresholds to determine if an EIA is required and did not take sufficient account of the nature, location and cumulative effect, etc. of projects. The action related to three categories of activities, restructuring of rural land holdings, (removing hedgerows or re-contouring land), the use of uncultivated land or semi-natural areas for intensive agriculture and water management projects for agriculture, including irrigation and land drainage.

The European Commission, on 1 June 2011, formally lodged an application with the ECJ to initiate second proceedings against Ireland for failing to implement the ECJ ruling. The Commission is requesting the ECJ to impose lump-sum and daily penalty fines on Ireland until the infringement ends.

The Department of Environment, Community and Local Government and my Department have agreed that two sets of Regulations will be introduced to address the judgement. It was considered that, with the exception of drainage/reclamation of wetlands, all of the other activities are more appropriate outside of the planning system, and that legislation should be introduced by my Department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in my Department's Regulations.

The Department of Environment, Community and Local Government has brought draft regulations to the Oireachtas for approval. These Regulations amend the EIA and planning exempted development thresholds for drainage/reclamations of wetlands. A Joint Oireachtas Committee meeting of the Transport, Environment, Culture and the Gaeltacht was held on Thursday 14 July 2011 to discuss the draft Regulations.

Discussions on Ireland's response to the judgement between the European Commission and officials from both Departments are ongoing. It is my intention to introduce the legislation as soon as they have satisfactorily concluded.