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Dáil Éireann debate -
Wednesday, 21 Feb 2001

Vol. 531 No. 1

Written Answers. - EU Directives.

Michael Bell

Question:

45 Mr. Bell asked the Minister for Arts, Heritage Gaeltacht and the Islands the progress made to date in implementing EU directives for which her Department has responsibility; the latest position regarding legal action by the EU Commission in regard to implementation of these directives; and if she will make a statement on the matter. [4973/01]

The Habitats Directive requires member states to propose relevant areas for designation as special areas of conservation for the conservation of listed habitats and species, and to maintain their favourable conservation status. It also requires member states to transmit a list of the proposed areas together with full information on each site to the EU Commission, within three years of the date of the notification of the directive. No member state has met that deadline. The directive specifies scientific criteria for the selection of these areas.

The directive was transposed into Irish law by means of the European Communities (Natural Habitats) Regulations in March 1997, before my taking office. A total of 362 sites, covering over 900,000 hectares have been formally transmitted to the EU Commission. These are fully protected under national legislation.

The EU Commission initiated proceedings against Ireland for a failure to implement the EU Habitats Directive in March 1999. The failure related to the non-transmission of special areas of conservation as required by Article 4(1) of the directive. At that time Ireland had advertised 207 sites but only 48 of these had been formally transmitted. The Irish defence to this case has been submitted to the European Court of Justice and an oral hearing took place in January 2001. As previously stated, my Department had formally transmitted 362 candidate SACs to the EU Commission at that time. The EU Commission indicated at the European Court of Justice pro ceedings that it was very pleased with the list submitted by Ireland which, on an initial examination, was substantially in compliance with the directive.
The EU Birds Directive requires member states to establish special protection areas for areas hosting internationally important populations of bird species and for bird habitats. A total of 110 SPAs have been established to date covering 220,000 hectares of land. The Department proposes to extend some existing SPAs and designate some new SPAs in 2001.
The EU Commission has also initiated proceedings against Ireland in connection with overgrazing and the decline of the red grouse population in the Owenduff/Nephin Beg Complex, a special protection area for birds under the EU Birds Directive. Implementation of the rural environment protection scheme, administered by the Department of Agriculture, Food and Rural Development, and the implementation of farm plans prepared by my Department, taking account of the Commonage Framework Plans, will alleviate and recover the situation. I am awaiting approval from the EU Commission for my Department's compensation scheme before implementing these plans.
I am confident that all these measures will, when fully implemented, redress the problem of overgrazing. In the meantime my Department, in conjunction with the Chief State Solicitor's Office, has prepared a robust defence of the case.
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