Breach of Consolidated EU Directive on Environmental Impact Assessment

http://www.savetara.com/Download/EP_Petition_Guckian.pdf.

Breach of Consolidated EU Directive on Environmental Impact Assessment (EIA),
85/337/EEC [Amended], in relation to certain Irish road schemes
The following Irish Local Authorities have been found to have breached Article 5 of the Consolidated EU
Directive (consideration of alternatives) in respect of the following road schemes: Dun Laoghaire - Rathdown
Co. Council (proposed Monkstown Ring Road) Galway Co. Council (N6 Motorway) Laois Co. Council (M7 /
M8 Motorway) Meath Co. Council (proposed M3 Motorway).
In all these cases the EISes for the projects interpreted alternatives purely in terms of alternative routes for
the road scheme, instead of alternatives to the scheme itself, for example meeting transport demand via
more sustainable modes such as rail or coach. The correct meaning of alternatives is clearly explained in the
Guidelines on EIA (EU Guidelines on Scoping for EIA: http://europa.eu.int/comm/environment/eia/eiaguidelines/
g-scoping-full-text.pdf.
These clearly outline how alternatives to road schemes should include consideration of other modes
(alternative ways of meeting demand; alternative designs and processes). Recent research carried out by
the undersigned into the EISes for the above projects has shown the project developers did not properly and
correctly consider alternatives to the schemes. Unfortunately, all these schemes have been approved by the
Irish planning consent authority (An Bord Pleanala). The undersigned cannot seek Judicial Review of these
decisions because the Irish legal system imposes onerous costs on the individual, in itself a breach of Article
10(a) of the Directive.
The undersigned makes representations to the Petitions Committee to investigate this breach of the
Directive as a matter of urgency.
Brian Guckian Rail & Integrated Transport Researcher, August 3rd, 2006.
Commission of the European Communities,
(for the attention of the Secretary-General),
B-1049 Brussels,
BELGIUM.