The European Commission yesterday warned of possible legal proceedings against the Government for its failure to respond to numerous inquiries from Brussels about alleged breaches of environmental regulations. The Commission also expressed a number of general concerns at Ireland's implementation of EU environmental directives.
A statement from the Department of the Environment last night rejected such claims and said it was policy to respond as promptly as practicable. Delays might have been the result of the number of departments involved, and the Commission had been notified of specific problems in relation to planning and environmental impact assessments, the statement said.
A letter of formal notice has been sent to Dublin complaining of non-respect of the State's obligation under Article 10 of the EC Treaty to actively co-operate with the Commission over at least seven complaints registered by members of the public or non-governmental organisations.
The requests for information have all been with the Department, unanswered, for at least the two months during which it is supposed to respond, and in several cases for more than nine months. Normally states have two months also to respond to letters of formal notice.
A statement from the Commission also notes that "while the complaints clearly raise local issues (in respect of which the Commission would welcome effective local complaint-handling and resolution) they are linked to the following wider concerns: the generally unsatisfactory implementation by Ireland on the Birds and Habitats Directive; the degree to which EU waste management requirements are effectively implemented and enforced in Ireland; the way in which the Irish decision-making authorities consider the need for the environmental impact assessment (EIA) of projects falling below Ireland's generally high thresholds for mandatory EIAs; the criteria for deciding which Irish settlements are brought within the scope of the major infrastructure requirements of the Urban Waste Directive."
The formal procedure invoked yesterday relates to the issue of co-operation with the Commission and does not imply acceptance of the seven specific allegations about which details were being sought. They are:
Damage to the sand-dune system at Banna Strand, Co Kerry, which is earmarked for conservation under the Habitats Directive and for which there is EU conservation funding.
An alleged threat to the protected birds sanctuary in Killala Bay/Moy Estate, Co Sligo, from a large holiday development at Enniscrone linked to a tax incentive scheme.
The omission from Ireland's indicated list of proposed sites under the Habitats Directive of a site at Ventry, Co Kerry.
An alleged threat to wetlands at Commogue Marsh, Kinsale, Co Cork, from a residential development.
The compliance of two asbestos disposal sites at Boycetown and Simonstown, Co Louth, with EU waste disposal legislation.
The alleged failure to submit an EIA of a development adjacent to the medieval St Multose's Church in Kinsale, Co Cork.
The alleged failure to link some houses in Kilmacanogue, Co Wicklow, to the new sewage collection system for the Bray district, in breach of the EU's Urban Waste Water Directive.
Replies to the allegations were being prepared, the Department said last night.
