My Department has been informed by the European Commission of its decision to refer Ireland to the European Court of Justice, in order to enforce a previous judgment of the court handed down in September 1999 in case C-392/96, for non-compliance with the requirements of the Environmental Impact Assessment, EIA, Directive. The Commission decided in December, 2002, to propose to the court that daily fines of €21,600 be imposed on Ireland, to apply from the day of the second judgment of the court. Since the 1999 court judgment, detailed arrangements have been put in place, including changes in planning legislation, to meet the requirements of the judgment. At this stage, the critical issue is the statutory designation of sensitive peatlands, in particular raised bogs, to complete the legal framework within which the provisions of the EIA Directive can be invoked for their protection. In December 2002 I formally proposed the designation of 101 raised bogs as special areas of conservation, SACs, under the Habitats Directive or as natural heritage areas, NHAs, under the Wildlife (Amendment) Act 2000. The designation processes must be completed in accordance with legal requirements, which allow time for dealing with objections and consultation before sites are formally designated.
I am confident the case will be resolved to the satisfaction of all concerned before it returns to court, in the light of progress on designation of sensitive peatlands in Ireland, thereby avoiding any question of the imposition of fines on Ireland by the court.
