Dáil Éireann debate -
Wednesday, 31 May 2000

Vol. 520 No. 2

Written Answers. - Habitats Directive.

John Gormley

Question:

28 Mr. Gormley asked the Minister for Arts, Heritage Gaeltacht and the Islands the infor mation she has about the legal action being brought against Ireland before the European Court of Justice for failure to inform the EU Commission about protected sites by the June 1995 deadline and the delay in establishing Natura 2000. [15057/00]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera):

The position in relation to this matter is as set out in my answer to the Deputy's question of 31 May 2000. The Deputy will be aware this matter is sub-judice and consequently my response must be limited.

The habitats directive requires member states to propose, on the basis of specified scientific criteria, relevant natural areas for designation as special areas of conservation – SACs. It also obliges member states to protect their favourable conservation status and to transmit a list of the proposed areas, together with full information on each site, within three years of the date of the notification of the directive, by June 1995, to the EU Commission.

The directive was transposed into Irish law by means of the European Communities (Natural Habitats) Regulations, 1997 (S.I. No. 94/97). The main part of Ireland's SAC network has, since March 1997, been publicly advertised for SAC designation and receives legal protection in Ireland from that date.

The EU Commission has instituted proceedings against Ireland, in the European Court of Justice, for the non-transmission of special areas of conservation to it within the time scale set out in the directive. The Commission has been informed of all the sites that I have advertised for designation.

The EU Commission agrees with me, and with the Government, that the viability of the Natura 2000 network of sites is dependent on the co-operation of the landowners and land users whose lands are included in the sites. I believe that all those whose lands are proposed for SAC designation must be given an opportunity to object to the proposals, on scientific grounds, before I formally transmit the list to the Commission. To this end I have provided an opportunity for landowners and land users to have their appeals examined informally by Dúchas, the Heritage Service of my Department. I have also established a formal independent board, chaired by Mr. Michael Mills, the former Ombudsman, and comprising representation from the landowners and the conservation organisations, to independently assess appeals and to advise me on these matters.

The EU Commission has been notified of our proposals in relation to SACs and the reasons for the failure to meet the deadline for transmission of the list of sites to the commission. The commission is also aware that, while Ireland is technically not in compliance with the directive, the advertised sites receive full protection under our national legislation. I expect that prior to the completion of the legal proceedings, Ireland will be in full compliance with the directive.

The delay in transmitting the Irish sites is not the sole delaying factor in the establishment of the Natura 2000 network. No member state in the Atlantic region, of which Ireland is part, has provided a full and complete list of these sites to the EU Commission. The commission will examine the situation again at the next Atlantic region biogeographical seminar in October 2000.

My Department has formally transmitted 264 SAC sites to the Commission, leaving 58 sites to be transmitted when appeals have been dealt with. I have recently publicly advertised an additional 41 sites, mainly dealing with the marine area. It is my intention to transmit these to the EU Commission as soon as objections have been dealt with and after the three month time period prescribed in the regulations for the submission of objections has elapsed.

In addition, my Department is examining existing river sites to determine if they also qualify for designation as salmon SACs. My Department is also investigating whether additional sites need to be proposed for this species.