Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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120. To ask the Minister for Environment, Community and Local Government how he will address the first ground of the Court of Justice of the European Union's judgment in case C-50/09 in terms of legislative provisions in the area of water discharge licensing, and to ensure full compliance with Articles 2 to 4, inclusive, of the environmental impact assessment directive relating to planning and licensing decisions for wastewater treatment plants. [13906/16]

Simon Coveney (Cork South Central, Fine Gael)
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The European Commission has raised with my Department the issue of whether the 2007 Waste Water Discharge (Authorisation) Regulations are in full compliance with Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (the Environmental Impact Assessment (EIA) Directive), on foot of the European Court of Justice C-50/09 judgment of 2012.

In its judgment in Case C-50/09, the Court found that Ireland had failed to transpose Article 3 of the EIA Directive and had failed to ensure that, where the planning authorities and the Environmental Protection Agency (EPA) both have decision-making powers concerning a project, there is complete fulfilment of the requirements of Articles 2 to 4 of the Directive. Following the judgment, legislative amendments were made to a range of consent regimes.

However, in 2015, the European Commission brought to my Department’s attention that consideration should be given to whether the 2007 Waste Water Discharge (Authorisation) Regulations also required similar amendment. My Department sought independent expert advice in this regard and, taking that advice into account, it is accepted that the 2007 Regulations will require amendment to ensure full compliance with the EIA Directive.

The expert advice has also recommended that some revisions to planning legislation may be required to ensure optimal coordination between planning authorities and the EPA. This recommendation is also accepted and consideration is now being given to identifying the most appropriate legislative vehicles to effect these changes in a timely manner.