Ireland transposed Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage by means of the European Communities (Environmental Liability) Regulations 2008, S.I. No. 547 of 2008. The European Commission reviewed the transposition of the Directive in each Member State in light of a judgment of the European Court of Justice, C-529/15 (the Folk Case).
Following this review, in a letter of formal notice to Ireland on 2 July 2020, the Commission identified areas in which it considered that Ireland’s transposition was not sufficient. These related to the standing for legal persons to submit observations and request action in the case of environmental damage or the threat of environmental damage (Article 12) and standing for legal persons before the courts to challenge decisions of the competent authority under the Directive (Article 13). The Commission also considered that Ireland failed to transpose a requirement that a person alleging an impairment of a right has standing.
My Department has considered the issues raised in the Commission's letter. A response to the Commission, setting out proposed minor amendments to the national transposing regulations to address the issues raised, was transmitted to the Commission on 2 October 2020, and a response to this is awaited.
Once the Commission confirms that it is satisfied that the proposed minor amendments fully address the issues raised in its letter of formal notice, my Department will move to finalise the necessary amending legislation for my signature.
