An Analysis of the Implications of the Revised EIA Directive in the Republic of Ireland

Ireland committed to transposing the revised EIA Directive 'within deadline', and some provisionswere anticipated in revising the EIA 'Advice Notes' and 'Guidelines'. Several measures (including aconsent framework with built-in decision-making timescales) already exist, and only require adjustment.Others (such as competent authorities being required to possess 'sufficient expertise') willexacerbate administrative resource limitations ' as will the much-enhanced screening process (includingdocumented findings of no significant imapct) and compulsory project monitoring. However,a framework for these has already been laid by legislative amendments. Ireland has already attemptedto address Commission concern to provide linked AA/EIA assessments, and for EIA/Licensing,so the Directive's provisions require thought. Nevertheless, AA/EIA links have been partiallyanticipated through the development of an Integrated Biodiversity Impact Assessment methodology,while recent streamlining of EIA/Licensing interactions will hopefully address the issue even thoughthe processes remain separate. That the 'Impact Assessment Report' should be prepared by 'competent'experts causes concern, since Ireland never previously insisted on proofs of competence, andthere is no clarity over how competence might be determined. On the other hand, Ireland arguablyconducts unnecessary EIAs and may have to raise its Annex II thresholds to comply.

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