Subject: CHAP (2014) 00118 – EU pilot 8542/16 concerning Waste Water Discharge Licensing and the EIA Directive / planned waste water treatment plant in Moville, Co. Donegal

Link To Full Letter: eu pilot 8398-16 transfer letter to E Craig May 2016

Some excerpts:

I refer to your original complaint dated 9 January 2014, registered under reference number CHAP(2014)00118, and to subsequent correspondence on the above-mentioned issue. As you are aware, we have followed up on the issues you raised in your complaint informally with the Irish authorities, whilst at the same time suggesting that you contact them directly.


With respect to the access to justice angle of your complaint, you will recall that we are planning to pursue the issue of prohibitive costs as a banier to access to justice in the context of our on going access to justice infringement against Ireland. We plan to use
your case as an example.


In this new EU pilot file we have asked the Irish authorities to provide us with a description of how exactly the current legislative provisions work in the area of waste water discharge licensing with respect to the first ground of the C JEU’s judgment in Case C-50/09 and an explanation of whether and how they plan to amend them in relation to this ground of the Court’s judgment. In this regard, we expect to see a draft text of the legislation under preparation, with a view to establishing that the text ensures full compliance with Articles 2 to 4 of the EIA Directive in relation to planning and licencing decisions for waste water treatment plants. We have also requested a clear commitment in writing that no licensing decision will be taken in relation to any waste water treatment plant in the Moville area (and consequently no building will be started) until the planned new legislation is in place and has been complied with in this specific case. This is on the assumption that we are satisfied that the relevant legislation fully transposes the EIA Directive.






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