This concerns a Letter of Formal Notice received from the Commission on 5th May 2010 indicating that Ireland has not adequately implemented measures necessary to comply with the judgement of the European Court of Justice in case C-66/06, Commission v Ireland. Specifically, the Commission wants Ireland to apply the criteria in Annex 3 of the Environmental Impact Assessment Directive (85/337/EEC) to the consideration by my Department of aquaculture licence applications. The requirement is for my Department to apply the criteria in Annex 3 of the 1985 Directive when deciding whether an Environmental Impact Assessment is required on a case-by-case basis.
Ireland is committed to the full implementation of all measures necessary to comply with the European Court of Justice judgement as it affects aquaculture licensing. A draft Statutory Instrument amending the aquaculture regulations to meet the requirements of the Letter of Formal Notice is being finalised. This will meet the requirements of the Commission in its letter of Formal Notice.