# C_2011013EN.01001602.xml

| 15.1.2011 | EN | Official Journal of the European Union | C 13/16 |
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15.1.2011

EN

Official Journal of the European Union

C 13/16

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Reference for a preliminary ruling from Court of Appeal in Northern Ireland (United Kingdom) made on 29 September 2010 — Seaport (NI) Ltd, Magherafelt district Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd v Department of the Environment for Northern Ireland, Department of the Environment for Northern Ireland

(Case C-474/10)

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2011/C 13/27

Language of the case: English

Referring court

Referring court

Court of Appeal in Northern Ireland

Parties to the main proceedings

Parties to the main proceedings

Applicants: Seaport (NI) Ltd, Magherafelt district Council, F P McCann (Developments) Ltd, Younger Homes Ltd, Heron Brothers Ltd, G Small Contracts, Creagh Concrete Products Ltd

Applicants:

Defendants: Department of the Environment for Northern Ireland, Department of the Environment for Northern Ireland

Defendants:

Questions referred

Questions referred

| 1. | On the proper construction of Directive [2001/42] (1) where a State authority which prepares a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is it open to the Member State to refuse to designate under Article 6(3) any authority to be consulted for the purposes of Articles 5 and 6? |
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1.

On the proper construction of Directive [2001/42] (1) where a State authority which prepares a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is it open to the Member State to refuse to designate under Article 6(3) any authority to be consulted for the purposes of Articles 5 and 6?

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| 2. | On the proper construction of the Directive, where the authority preparing a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is the Member State required to ensure that there is a consultation body which will be designated that is separate from that authority? |
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2.

On the proper construction of the Directive, where the authority preparing a plan falling within Article 3 is itself the authority charged with overall environmental responsibility in the Member State, is the Member State required to ensure that there is a consultation body which will be designated that is separate from that authority?

| 3. | On the proper construction of the directive, may the requirement in Article 6(2) to the effect that the authorities referred to in Article 6(3) and the public referred to in 6(4) be given an early and effective opportunity to express their opinion ‘within appropriate timeframes’, be transposed by rules which provide that the authority responsible for preparing the plan shall authorise the time-limit in each case within which opinions shall be expressed, or must the rules transposing the directive themselves lay down a time-limit, or different time-limits for different circumstances, within which such opinions shall be expressed? |
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3.

On the proper construction of the directive, may the requirement in Article 6(2) to the effect that the authorities referred to in Article 6(3) and the public referred to in 6(4) be given an early and effective opportunity to express their opinion ‘within appropriate timeframes’, be transposed by rules which provide that the authority responsible for preparing the plan shall authorise the time-limit in each case within which opinions shall be expressed, or must the rules transposing the directive themselves lay down a time-limit, or different time-limits for different circumstances, within which such opinions shall be expressed?

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(1)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment

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OJ L 197, p. 30

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