CHAP (2014) 00118 European Complaint Moville WWTP

From: Antoinette.Long
To: endacraig
Subject: RE: CHAP (2014) 00118 European Complaint Moville WWTP
Date: Mon, 5 Oct 2015 09:39:21 +0000

Dear Enda,

I am coming back to you on the first and third points referred to in your message below.

First, with respect to access to justice and costs, we are planning to use your complaint to support our case against Ireland. We have therefore linked it with our infringement file on this issue and it should remain open until the infringement is resolved.

Second, we have had further contact with the Irish authorities concerning future plans for waste water treatment in the Moville area and particularly with regard to the compliance of the Waste Water Discharge Regulations with the Court’s judgment in the C-50 case. I can assure you that the Irish authorities are dealing with the issues we have raised (as discussed in our meeting with you) in order to ensure compliance with EU law. We are confident that they will take the appropriate steps.

In terms of practical follow-up at this stage, we would therefore suggest that you contact the Department of the Environment directly. The contact details of the relevant official are as follows:

Cian O’Lionain
Principal Officer
Water Quality Section
Department of the Environment

I hope that this is helpful.


From: Enda Craig
Sent: Friday, August 07, 2015 4:06 PM
To: LONG Antoinette (ENV)
Subject: FW: CHAP (2014) 00118 European Complaint Moville WWTP

Dear Antoinette,

Thank you for your update regarding our complaint and the three aspects to it as outlined by yourself.

1. Regarding prohibitive costs/Access to Justice I am pleased that this issue is being progressed as you outlined.

2. Regarding the costs issue, your assessment of this issue is noted and I agree that to proceed further would be difficult to pursue to a satisfactory conclusion.

3. Regarding the C-50 judgement and the waste water licences, I am happy with your assessment that the absence of a licence prohibits Irish Water from proceeding to construction. As previously discussed with you, article 76 of the relevant C50 legislation completely negates and undermines the entire planning process and approval regarding the Moville Greencastle Wastewater Treatment Plant. Your comment that the EIA directive applies in Moville’s case is welcomed. We now anticipate that due process under EU Directive 85/337 will allow a new application, to provide a much needed wastewater treatment plant for Moville Greencastle at the original location, as agreed by the people and their elected representatives , North of Greencastle, with a discharge outside the environs of Lough Foyle.

You will be aware, as we are, of the determination of both Irish Water and the EPA to apply S.I. 684. Please accept my assurance of our groups support in your endeavours to impress on the relevant authorities in Ireland their obligations to ensure compliance with C50/09.

We await your clarification in due course.

Thanks again,

Best Regards

Enda Craig

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