Commission Injunction:
- on desecration of Historical Monuments along M3.

Last June, the Commission sent a final warning to Ireland indicating that it had failed to adopt proper legislation to account for the Environmental Impact Assessment Directive (85/337/EEC) and was pursuing legal action. The case suggests that (1) Ireland's approach to decisions involving the removal of historic structures and archaeological monuments is in contravention of the directive and (2) that the weaknesses in Irish legislation splits decision-making between Irish planning authorities and Ireland's Environmental Protection Agency and result in outcomes not permitted by the directive. The Commission particularly cites the case of Lismullin, Co Meath in this warning.

In late July, European Parliaments Petitions committee called for a halt on construction of the M3 motorway, pending a decision on the legality of the project. It was felt that at the very least, demolition of Tara should cease until a decision is reached.

Currently in Ireland, demolition of historic and archaeological sites at Tara continues at a rapid pace and blatant disregard for European Community law and Commission warnings only intensifies. This destruction can even take place after dark in order to avoid investigation and further attention. This is not in accordance with EU law and is also illegal according to the excavation contracts of those involved.

We wish to know,

(1) If the Commission can legally demand a temporary halt? If it is willing to do so? If so, when is the earliest it will impose such a halt?

(2) If the Commission can not or will not impose a halt, what does the Commission hope to achieve through a court case, if the monuments will be long since destroyed by the time a judgement is passed?

Kathy Sinnott, MEP. 9th. November 2007.


P-5712/07EN
Answer given by Mr. Dimas on behalf of the Commission
(14.1.2008)
The Commission cannot itself order a halt to works of the kind referred to by the Honourable Member. Under Article 243 of the EC Treaty, the Court of Justice may prescribe any necessary interim measures in relation to proceedings before it and the Commission may request the Court to prescribe such measures. There is limited case-law on the circumstances in which interim measures are likely to be granted. The Honourable Member is referred to the orders of the Court in Case C-320/03, Commission v Austria for an insight into the factors that the Court is likely to take into account.

In October 2007, the Commission announced an intention of referring Ireland to the Court in the case mentioned by the Honourable Member (see Commission press release IP/07/1524 of 17th. October 2007). The Commission did not decide to seek interim measures. As the press release indicates, the case in question relates to the correctness of the national legislation used to give effect to Council Directive 85/337/EEC of 27th. June 1985 on the assessment of the effects of certain public and private projects on the environment as well as to the correct interpretation to be placed on the Directive in respect of decisions involving the removal of historic structures and monuments. The Commission hopes to achieve an outcome that will result in the correct national legislation being put in place and the correct interpretation of the Directive applied. On a more general note, the Commission can only encourage national, regional and local authorities of Member States to take all the necessary measures to protect and promote their cultural and archaeological heritage.


Follow-up Question from Kathy Sinnott, MEP.
(17.1.2008)
In reference to the answer from Mr. Dimas, on behalf of the Commission, on the 14th. January 2008 (P-5712/07EN) what has the Commission done to encourage the Irish Government, Meath County Council, or the National Roads Authority to protect and promote their cultural and archaeological heritage?

Related Articles:
Commission to bring EIA case to the European Court of Justice.
EU Petitions Committee pleads for Tara.
Letter to John Gormley from Marcin Libicki, Chairman, EU Petitions Committee.
John Gormley can and must reverse the decision on M3 and Tara.
Commission Sends Warning on Tara: All Work at Tara Must Stop!