The EU will decide next month whether to refer Ireland to Europe's highest court over the demolition of a national monument at Lismullin, Co Meath, to make way for the M3 motorway.
The European Commission confirmed yesterday it had received the Government's reply to concerns, which the commission raised over the excavation of the Lismullin monument in June. It said it would study the letter before making a decision in October on whether to begin legal proceedings at the European Court of Justice (ECJ).
The commission issued a "reasoned opinion" to Ireland last June accusing it of breaking EU law by not carry out a second environmental impact assessment (EIA) on the Lismullin site following the discovery of archaeological remains.
Under the National Monuments Act, an EIA is required before the start of a project, but it is not necessary to carry out further EIAs in relation to any archaeological remains found.
The commission argues that this amounts to a loophole in Irish law and does not adequately protect sites of archaeological significance.
The Government's reply to the commission focuses on whether the National Monuments Act and its actions at Lismullin comply with European law.
It also contains a separate section dealing with the fragility of the archaeological remains at Lismullin.
It argues that excavation work had to be carried out immediately on the national monument because of the instability and fragility of the immediate environment.
It is understood that the commission is unlikely to seek an ECJ injunction to halt excavation work at Lismullin because of the fragility of the site.
But EU officials confirmed that they are considering referring Ireland to the ECJ to close any loopholes in its national law.
If the commission refers the Government to the ECJ and wins its case at the Luxembourg court, the Government may be forced to change its national law. If it refuses to comply with a ruling and change its law, Ireland could face punitive fines.