Commissie: Ierland moet natuurgebieden beter beschermen (en)

The European Commission has requested that Ireland implements two judgments of the European Court of Justice concerning the protection of Ireland's natural habitats. Ireland has not yet fully met a 1995 deadline to complete a list of nature sites to protect its most endangered natural habitats and species, as part of the EU-wide Natura 2000 network. Nor has Ireland taken sufficient measures to recover vegetation in Irish uplands that were extensively damaged by overstocking of sheep from the 1980s onwards. A failure to satisfy the Court judgments will expose Ireland to the risk of substantial fines. Meanwhile, the Commission has been able to close a case against Ireland concerning the protection of shellfish waters from water pollution after Ireland has put in place the necessary safeguards.

Environment Commissioner Stavros Dimas said: "Correct implementation of EU environmental legislation is crucial to meet the EU's commitment to halting biodiversity loss in Europe by 2010. . I am hopeful that the Irish authorities will now step up efforts to finalise their network of important nature sites and show that the problem of sheep over-grazing has been fully addressed".

List of nature sites

In September 2001, Ireland was condemned by the European Court of Justice (ECJ) for not respecting a June 1995 deadline under the EU Habitats Directive[1] to formally propose to the Commission a complete list of sites for the protection of its most endangered habitats and animal and plant species[2]. The listed sites were to be Ireland's contribution to an ambitious European network of protected nature sites known as "Natura 2000". This fits within global efforts to ensure that the Earth does not lose the richness of nature and species that it currently possesses.

Ireland made significant advances up to 2004 but progress has since stalled. Required extra or extended sites for wets heaths, bog woodland, salmon, freshwater crayfish, twaite shad and the Killarney fern have not been formally presented. The Commission also has serious concerns about a roll-back of areas already presented following the redrawing of boundaries. For example, it appears that, in response to representations at national level, the Irish Government has agreed to cut out certain orchid-rich grassland from the protection of the All Saints Bog site in the Irish midlands.

If Ireland does not comply with the judgment, the Commission may decide to ask the ECJ to impose a substantial fine.

Sheep overgrazing in protected areas

In June 2002, Ireland was condemned by the ECJ on two accounts: firstly, for not protecting the 25,000 hectare Owenduff-Nephin Beg Complex special protection area (SPA) in County Mayo from erosion damage caused by overstocking of land by sheep and, secondly, for not protecting the wider habitats of the Red Grouse from similar damage[3]. The breaches arose under the Wild Birds Directive[4], which requires the habitats of wild birds to be protected, and under the EU Habitats Directive[5], which lays down safeguards for SPAs. Red Grouse need heather to feed on and nest in, and heather loss is one of the chief effects of overgrazing. Other effects include loss of soil, sometimes down to rock, and silting and contamination of rivers.

Ireland took steps to reduce sheep numbers on Irish hills after the Court judgment. However, studies carried out on the Owenduff-Nephin Beg Complex in 2004/2005 showed poor levels of vegetation recovery, indicating that further steps were necessary there. The Commission is concerned that, over four years after the judgment, Ireland has still not carried out the necessary scientific studies to check the success or otherwise of sheep reduction measures across several hundred thousand hectares of uplands elsewhere in Ireland, or put in place any necessary additional restrictive measures.

A failure to satisfy the judgment will expose Ireland to the risk of a substantial fine.

Shellfish-growing areas - New safeguards put in place

The Commission has decided to close a case concerning a September 2003 Court judgment condemning Ireland over the absence of pollution reduction programmes for fourteen shellfish waters designated under the Shellfish Water Directive[6]. Stronger legislation has since been put in place and programmes adopted to safeguard the shellfish-growing areas from water pollution threats. Properly sited culture of mussels, oysters, scallops and other shellfish can make a significant contribution to the economy of Ireland's coastal communities. Avoiding pollution reduces production costs and safeguards the public against potential harmful health effects.

For current statistics on infringements in general see:

http://ec.europa.eu/community_law/eulaw/index_en.htm#infractions

For rulings by the European Court of Justice see:

http://curia.eu.int/en/content/juris/index.htm

[1] Directive 92/43/EEC

[2] Case C-67/99

[3] Case C-117/00

[4] Directive 79/409/EEC

[5] Directive 92/43/EEC

[6] Directive 79/923/EEC