The habitats directive requires member states to propose relevant natural areas for designation as special areas of conservation and to protect 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, that is, by June 1995. The directive specifies scientific criteria for the selection of these areas which will form a network of sites known as Natura 2000.
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 designation and receives legal protection in Ireland from that date.
The EU Commission recognises 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 have been 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 to landowners and to land users to have their appeals examined informally by Dúchas, the heritage service of my Department. I have also established a board, chaired by Mr. Michael Mills, the former Ombudsman, and comprising of 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 not in compliance with the directive, the advertised sites receive full protection under our national legislation.
The current position is that 114 of the 207 publicised sites, covering more than 184,000 hectares, have now been transmitted to the EU Commission. I anticipate that the bulk of the remainder will be formally transmitted by the end of July this year. I also propose to publish proposed non-priority habitat type SACs by the end of July and for proposed marine sites to be published by the end of the year.