Vol. 575 No. 4
100 Mr. Stagg asked the Minister for the Environment Heritage and Local Government the position regarding Ireland's international legal case in connection with the Sellafield nuclear plant; and if he will make a statement on the matter. [28459/03]
On 24 June last, the tribunal established under Annex VII of the UN Convention on Law of the Sea delivered its Order No. 3, on the Suspension of Proceedings on Jurisdiction and Merits, and Request for further Provisional Measures.
The order directed the suspension of the substantive hearings in the case until questions of Community competence were resolved with the European Commission and, in any event, until not later than 1 December 2003.
The European Commission subsequently decided to institute legal proceedings against Ireland, requesting the European Court of Justice to declare that Ireland has failed to fulfil its obligations under Article 10 and 292 EC, and Article 192 and 193 Euratom. On 30 October 2003, the Commission lodged an application with the court in this matter. Given the complex and fundamental legal issues involved, the referral of the case to the ECJ was expected, and Ireland will respond in accordance with normal procedures. It is not known at this when the case will come to hearing at the ECJ.
On 14 November 2003, the UNCLOS tribunal delivered its Order No. 4, confirming that the proceedings would be suspended until the European Court of Justice has delivered its judgment. The Tribunal further ordered that the terms of its previous Order remained in effect. These terms included the affirmation of the operation of the provisional measures prescribed by ITLOS and the recommendation to the parties to enter into discussions with a view to establishing secure arrangements, at a suitable intergovernmental level, for co-ordination of all the various agencies and bodies involved and to review the whole system of intergovernmental notification and co-operation.
As the tribunal remains suspended, it is not now necessary for the parties to meet the tribunal to make submissions in respect of the resumption of the substantive proceedings. A further report to the tribunal setting out progress on discussions towards progressing the tribunal's recommendation will be made on 28 November 2003. Subsequent reports will be made every six months thereafter based on continuing exchanges between officials of both Governments. The tribunal remains seized of the dispute.
