Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Environmental Impact Assessment (EIA) Directive, Directive 2011/92/EU as amended by Directive 2014/52/EU, specifies projects which, by virtue of their nature, size or location are likely to have significant effects on the environment and should be subject to EIA. The Directive requires projects listed in Annex I of the Directive to be subject to mandatory EIA and provides that Member States may determine whether projects listed in Annex II of the Directive shall be subject to EIA.

Annex I and II of the EIA Directive are transposed in the planning code by Part 1 and Part 2 of Schedule 5 of the Planning and Developments Regulations 2001 (the Regulations).

Part 2 of Schedule 5 of the Regulations, transposes Annex II of the Directive, listing the projects that must be subject to EIA screening.

It is a matter for a Planning Authority or An Bord Pleanála to assess planning applications for these projects in accordance with the requirements of the EIA Directive, as transposed in the Planning and Development Act 2000 and the Regulations, to determine if an EIA is required or not.

The EIA Directive is clear in that circumstances may arise in which any project, regardless of type or scale, may be subject to a requirement for EIA, based on the nature, size or location of that project.

Article 12 of the EIA Directive provides for a reporting and review mechanism, whereby the European Commission seeks information from Member States on the practical implementation of the Directive.

The Commission reports regularly on the application and effectiveness of the EIA Directive. Further information can be accessed at the link below:

environment.ec.europa.eu/law-and-governance/environmental-assessments/environmental-impact-assessment_en

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Strategic Environmental Assessment (SEA) Directive, 2001/42/EC, is a process for the formal, systematic evaluation of the likely significant environmental effects of implementing a plan or programme, before a decision is made to adopt the plan or programme. The SEA Directive aims to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans with a view to promoting sustainable development. The Council of Europe Conventions are not part of EU law on SEA. Amending the Directive is a matter for the European Commission.

The Irish SEA Regulations were made under the European Communities Act 1972 for the purpose of giving effect to the SEA Directive and have to be confined to what the Directive requires. In any event, SEA has a wide scope and already requires consideration of archaeological and architectural heritage and landscape.

The European Commission monitors the implementation of EU law under its Regulatory Fitness and Performance Programme (REFIT). Article 12 of the SEA Directive provides for a reporting and review mechanism, whereby the European Commission seeks information from Member States on the practical implementation of the Directive. This process enables the Commission to produce an implementation report under its REFIT process, which can inform decisions on potential future amendments to the SEA Directive. The Commission report was most recently published in 2017 and can be accessed at the link below:

eur-lex.europa.eu/legal-content/EN/TXT/?qid=1494874134751&uri=COM:2017:234:FIN