Carol Nolan (Laois-Offaly, Independent)
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156. To ask the Minister for Communications, Climate Action and Environment if legal action is being pursued against his Department by the European Commission following failure to comply with reporting or other obligations under a European Union directive; and if he will make a statement on the matter. [58506/21]

Eamon Ryan (Dublin Bay South, Green Party)
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ECJ Case 261/18 relates to the Case taken by the Commission against Ireland with respect to the implementation of the EIA (Environmental Impact Assessment) Directive in the context of the Derrybrien windfarm operated by a subsidiary of ESB. As the Case arose concerning the validity of planning legislation enacted, responsibility for the Case rests with D/HLGH.

DECC’s involvement in the Case is by virtue of being a Shareholder Department for ESB which constructed a windfarm under the planning legislation in operation at that time. We understand the Judgment will be complied with when the windfarm is subjected to a retrospective EIA, otherwise known as substitute consent. The substitute consent process is underway.

DECC continues to work collaboratively with D/HLGH towards resolving the matter with the European Commission.