WRITTEN QUESTION E-0551/04 by Proinsias De Rossa (PSE) to the Commission. Implementation of the Environmental Impact Assessment Directive in Ireland.
Date: 2004-02-26
Institutions: European Parliament, Provisional data
Subjects: Ireland, application of EU law, environmental impact, impact study

C 84 E/626

Official Journal of the European Union

EN

3.4.2004

(2004/C 84 E/0699)

WRITTEN QUESTION E-0551/04

by Proinsias De Rossa (PSE) to the Commission

(26 February 2004)

Subject: Implementation of the Environmental Impact Assessment Directive in Ireland

What reply has the Commission received from the Irish Government in response to the reasoned opinion
that it sent to Ireland in July 2003, as announced in Commission press release IP/03/1070, regarding the
failure of Irish legislation to take sufficient account of sensitive sites or of the cumulative effects of smaller
individual projects which, when added together, have a significant impact within the meaning of Council
Directive 85/337/EEC (1) on the assessment of the effects of certain public and private projects on the
environment, as amended by Directive 97/11/EC (2)?

What action has the Commission taken, or is it considering taking on this matter?

(1) OJ L 175, 5.7.1985, p. 40.
(2) OJ L 73, 14.3.1997, p. 5.

Answer given by Mrs Wallström on behalf of the Commission

(23 March 2004)

The matter to which the Honourable Member makes reference relates to a decision by the Commission to
refer Ireland to the Court of Justice for non-respect of Council Directive 85/337/EEC of 27 June 1985 on
the assessment of the effects of certain public and private projects on the environment, as amended by
Council Directive 97/11/EC of 3 March 1997. One of the issues of concern related to the approach of the
Irish authorities to provisions of Irish legislation that allow for the environmental impact assessment (EIA)
of projects belonging to Annex II of the Directive that fall below thresholds for mandatory EIA set in the
Irish legislation. These provisions for sub-threshold EIA are important in order to ensure that sufficient
account is taken of smaller projects that may affect sensitive sites or that may, when combined with other
similar projects, give rise to significant environmental effects. The Commission was not convinced that
adequate administrative arrangements had been made to give a real meaning to these provisions, with the
result that environmentally significant sub-threshold projects might be approved without prior EIA. In
September 2003, the Irish authorities sent the Commission a copy of new administrative guidance on
applying the relevant provisions of the Irish legislation. This guidance was published in August 2003 (1).
To allow an examination of this guidance, the Commission later decided to suspend the decision to refer
Ireland to the Court. The Commission is due to make a further decision on the matter during 2004.

(1)

‘Environmental Impact Assessment (EIA) Guidance for Consent Authorities regarding Sub-threshold Development’,
Department of the Environment, Heritage and Local Government, August 2003, ISBN 0-7557-1657-4.

(2004/C 84 E/0700)

WRITTEN QUESTION E-0552/04

by Proinsias De Rossa (PSE) to the Commission

(26 February 2004)

Subject: Right to collective action

What action has the Commission taken in response to paragraph 7(e) of the European Parliament’s
resolution (P5_TA(2003)0369) of 3 September 2003 on implementing the social policy agenda which
urged the Commission to define at European level the right to take collective action, particularly the right
to strike?