David Stanton (Cork East, Fine Gael)
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Question 409: To ask the Minister for the Environment, Community and Local Government if EU directives (details supplied) have all been transposed in full; if not the details of those that remains to be transposed into Irish legislation; and if he will make a statement on the matter. [15820/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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In respect of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (the Environmental Impact Assessment (EIA) Directive), as amended by Directives 97/11/EC, 2003/35/EC and 2009/31/EC, these have been transposed into Irish law primarily by means of the European Communities (Environmental Impact Assessment) Regulations 1989 to 1999, and have also been incorporated more generally into various consent legislation.

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 not fully or correctly transposed elements of the EIA Directive, as amended. As I indicated in my reply to Parliamentary Question No. 469 of 28 February 2012 which detailed the measures being taken to rectify matters in this case, 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 Directive 92/43/EC on the conservation of natural habitats and wild fauna and flora (Habitats Directive), this Directive has been fully transposed into Irish law by means of the Planning and Development (Amendment) Act 2010, as amended, and by the European Communities (Birds and Natural Habitats) Regulations 2011. These replaced the European Communities (Natural Habitats) Regulations 1997 to 2005 and have addressed deficiencies identified by the Court of Justice of the European Union in the transposition of the Habitats and Birds Directives into Irish law.

In respect of Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (Seveso II Directive), transposition is primarily the responsibility of the Department of Jobs, Enterprise and Innovation. I understand from that Department that the Seveso II Directive was transposed into Irish law by means of the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations 2006. In addition, the land use provisions of the Directive have been incorporated into the Planning and Development Acts 2000-2011.