Dáil Éireann Debate, Wednesday - 5 May 2021
681. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine the reason a licensing crisis exists in Ireland and not in other European countries that also comply with EU habitats and bird directives; and if he will make a statement on the matter. [22757/21]
View answer682. Deputy Paul Kehoe asked the Minister for Agriculture, Food and the Marine if other European countries apply a 15km buffer zone radius for screening forestry projects; and if he will make a statement on the matter. [22758/21]
View answerI propose to take Questions Nos. 681 and 682 together.
The Habitats Directive and the transposing legislation SI 477 of 2011 require, inter alia, that an appropriate assessment is undertaken where screening identifies a likelihood of the project having a significant effect on a European site(s). This is true right throughout the EU and it is true regardless of the separation distance between the project and the European site(s).
Licensing issues have occurred because of the change in the number of files screened in for Appropriate Assessment in Ireland. The most important change that led to a much higher number of files being screened in was compliance with European Court of Justice and National case law that determined that it is not appropriate, at the Appropriate Assessment screening stage, to take account of the measures, intended to avoid or reduce the harmful effects of the project on a European site. The impact on this on other European Countries will depend on the geographic spread of their forests and their European sites and the level of compliance in these countries with European law.
It is up to each regulatory body in each Member State to determine how it carries out screening for Appropriate Assessment but, in doing so, must ensure that any project that can affect any European site – regardless of separation distance – requires an Appropriate Assessment to be carried out.
A likely zone of impact is used in order to identify those European Sites to be specifically addressed during screening. In making a decision regarding the likelihood of a project having a significant effect on a European Site(s), all European Sites within a certain radius (or ‘likely zone of impact’) should be considered at screening stage, in addition to hydrologically-connected European Sites. For example, in relation to a Special Protection Area, it is important to consider whether the project area lies within the foraging distance of bird species for which that SPA was designated, and many of these foraging distances exceed 3km. This was one of the reasons why 3km was not deemed appropriate.
