Niall Collins (Limerick, Fianna Fail)
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Question 469: To ask the Minister for the Environment, Community and Local Government when he intends to bring forward legislation to ensure the correct implementation of Directive 85/337/EC on environmental impact assessments; if he is confident that the deficiencies identified by the European Court of Justice when giving its judgement against Ireland in Case-50/09 in March 2011, in relation to co-ordinated decision making procedures, have been rectified by the relevant statutory authorities and that these authorities have correctly implemented the directive since the date of the Court's judgement; and if he will make a statement on the matter. [10691/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In March 2011, the Court of Justice of the European Union found against Ireland in Case C-50/09 to the effect that Ireland had:

(1) not fully transposed Article 3 of Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment , as amended (commonly known as the Environmental Impact Assessment (EIA) Directive);

(2) excluded demolition works from the scope of Irish legislation transposing the EIA Directive; and

(3) not fully met its decision-making obligations pursuant to the EIA Directive in relation to projects involving a dual consent, that is, both a land use consent and a pollution control consent.

In respect of (1) above, sections 53 and 54 of the Planning and Development (Amendment) Act 2010 directly transpose Article 3 of the EIA Directive into Irish planning legislation. Furthermore, acknowledging the wider applicability of Article 3 to other consent systems provided for in Irish law, my Department, in consultation with other Departments, is currently in the process of engaging on these other legislative consent processes outside the planning system to ensure full and correct transposition of Article 3 in those codes.

In respect of (2) above, developing on the legislative amendments contained in the Planning and Development Regulations 2008, the Planning and Development (Amendment) (No. 2) Regulations 2011 provide that the category of 'works of demolition' now requires EIA. I understand that the Department of Arts, Heritage and the Gaeltacht is examining the scope for legislative reform as it relates to EIA in the context of its National Monuments legislation.

In respect of (3) above, my Department is currently considering possible amending legislation which would prohibit an applicant from submitting a stand-alone environmental licence application to the Environmental Protection Agency (EPA) in certain cases unless it is clearly established that mandatory or sub-threshold EIA is not required in respect of the proposed activity. Conversely, if EIA is necessary, the applicant would be required to submit either a copy of the Environmental Impact Statement which forms parts of the planning application (to be made to An Bord Pleanála) or a screening decision from An Bord Pleanála confirming that EIA is not required for the proposed licensable activity. Consideration is also being given to the inclusion of formal consultation mechanisms between the EPA and An Bord Pleanála to further underpin the integrated decision-making process between the two agencies.

In view of the foregoing actions already taken and being expedited, and acknowledging my Department's ongoing consultations with the European Commission on complex legal issues, I am confident that Ireland is addressing the findings of the court in this case in a considered and comprehensive manner, which should ensure full and correct transposition and implementation of the EIA Directive in national legislation, and secure early resolution of the case.