Written Answers. - EU Directives.
Emmet Stagg
Question:
69
Mr. Stagg
asked the
Minister for Arts, Heritage Gaeltacht and the Islands
the EU directives for which her Department has responsibility which have yet to be implemented; those directives in respect of which the EU Commission has taken legal action or opened infringement proceedings against Ireland for non-implementation; the current position in regard to each of the directives; and if she will make a statement on the matter.
[10907/00]
As I stated in my previous replies to Question No. 89 on 1 February 2000 and to Question No. 17 on 2 March 2000, my Department has responsibility for implementing the EU Habitats Directive 92/43/EEC and the EU Birds Directive 79/49/EEC. Both these directives are being implemented.
However, the EU Commission initiated legal action against Ireland for failure to transmit a full list of special areas of conservation as required under the EU habitats directive. When this Government came into office in 1997, I discovered that none of these sites was formally transmitted to the EU Commission. I also came to the conclusion that inadequate consultation with landowners and land rights owners had occurred and that the opportunity of landowners to avail of appeals procedures should be provided. Since coming into power I have established an independent board to advise me in respect of objections to the proposed designations submitted, on specific grounds, by landowners and land rights holders. In addition my Department has requested landowners and land rights holders to establish liaison committees for each site as a forum where difficulties that may arise can be dealt with speedily.
I have since transmitted 262 sites, 81.3%, to the Commission, but the list is still incomplete and the legal action is proceeding.
I also intend to publish a list of marine sites in the coming weeks and these will be formally transmitted to the EU Commission when any objections to the proposals that may be received are dealt with. The Deputy will be aware that once sites are published they are protected under Irish law.
The long-term viability of these sites for nature conservation purposes requires my Department to secure the co-operation of landowners and land users, prior to including lands in the European network of sites. Accordingly I do not propose to formally transmit any site until the objections relating to each one are dealt with.
In addition a reasoned opinion has been issued in respect of overgrazing, particularly in regard to the Owenduff/Nephin Beg site in the context of the birds directive. Despite a full response outlining steps taken to deal with the matter, I have recently been informed that the Commission intends to pursue legal action.
Directive 89/552/EEC as amended by Directive 097/36/EC Television Without Frontiers promotes the free flow of broadcasting services across national boundaries by means of cable and other transmission systems. A reasoned opinion dated 9 July 1999 was issued by the European Commission against Ireland for non-implementation of Directive 89/552/EEC as amended by Directive 97/36/EC.
While I am satisfied that this Directive 89/552/EEC as amended by Directive 097/36/EC has been implemented, my Department has had no communication from the Commission since notification of our measures taken to implement the directive.
