Dáil Éireann debate -
Wednesday, 9 Feb 1994

Vol. 438 No. 5

Written Answers. - Effect of EU Court Judgment Against Spain.

Trevor Sargent

Question:

116 Mr. Sargent asked the Minister for Finance if his attention has been drawn to the Santona case in Spain where the Government has been required to remove a recently built road having failed to protect this qualifying site as a special protection area under Bird Directive 79/409/EEC; the action, if any, he will take over the review commission by the Wildlife Service which recommends that Ireland classify sites as special protection areas; and if he will make a statement on the matter.

Minister of State at the Department of Finance (Mr. Dempsey)

I am aware of the judgment of the European Court of Justice on 2 August, 1993 in Case No. C-355/90 brought by the European Commission against the Kingdom of Spain. The Court ruled that Spain had failed to fulfil its obligations under the Treaty of Rome by not classifying the "Marismas de Santona (Santona wetlands)" as a Special Protection Area and by failing to take appropriate steps to avoid pollution or deterioration of the habitats of that area, in violation of the provisions set out in Article 4 of Council Directive 79/409/EEC of 2 April, 1979 on the conservation of wildbirds.

Ireland is similarly obliged to designate important bird areas for certain species and all migratory species as Special Protection Areas. The Office of Public Works commissioned a study of important bird areas which was received last year and has been circulated to interested organisations for comments.

As a first step five sites will be designated immediately, comments from the public and interested parties are being considered in the case of seven other proposed sites and two more sites are about to be advertised seeking public comments. I also intend to designate a large number of other sites before the end of the year.

In relation to these sites, the State must undertake to take appropriate measures to prevent pollution and deterioration of the sites or excessive disturbance to the birds where these are significant. It will not mean restricting existing activities and will not prevent a reasonable level of development, but any new projects or major activities situated in or likely to affect designated SPA sites should not be undertaken without prior consultation with the Office of Public Works in order to avoid any significant damage to the site. The relevant Planning Authorities will be asked to take account of the likely effects of any proposed developments in these areas on the bird population when examining development proposals.

It is important to note that following the recent decision by the European Court, it is now a condition of EU grants in all areas considered internationally important as wild bird habitats, that a member state must first take the appropriate steps to ensure that the wild birds and their habitats are protected. Recently grant-aid was refused by the European Commission for a number of marine shellfish projects in Cork Harbour, Dungarvan Harbour and Bannow Bay despite the fact that the Office of Public Works had confirmed that it was satisfied that there would be no significant adverse impact on the bird population. Grant aid was subsequently approved by the Commission only on condition that Ireland would now take proper measures to protect the birds in these areas and specifically designate them as Special Protection Areas.