Commission begins EU Court proceedings over Irish nature designations

Government commitments to end second investigation

As the European Commission begins infringement proceedings against Ireland for failing to complete the designation requirements for its Special Areas of Conservation, it proposes to close another investigation into the protection of the fresh water pearl mussel on the basis of commitments given by the Minister for Arts, Heritage and the Gaeltacht and Coillte Teo., the State Forestry Board.

Friends of the Irish Environment Press Release - June 1st 2016

As the European Commission begins infringement proceedings against Ireland for failing to complete the designation requirements for its Special Areas of Conservation, it proposes to close another investigation into the protection of the fresh water pearl mussel on the basis of commitments given by the Minister for Arts, Heritage and the Gaeltacht and Coillte Teo., the State Forestry Board.

LEGAL PROCEEDINGS INITIATED

The European Commission has issued a formal ‘Reasoned Opinion’ to Ireland for failing to adopt the necessary conservation measures required for the country’s Special Areas of Conservation. A reasoned Opinion opens infringement proceedings against a member state and is the basis on which the Commission grounds its case before the European Court of Justice.

The proceedings allege that Ireland has failed to complete the national legal protective regime for 400 of the SACs State’s within 6 years of their selection and for failing to set detailed site specific objectives for 300 of the sites. The case was initiated in February 2015 and the Reasoned Opinion issued in April 2016. Ireland has two months to provide a response which will be considered before a decision may be taken to proceed to the European Court of Justice. A ruling against Ireland by the European Court may lead to daily fines if the ecological requirements are not then met.

CLOSURE OF INVESTIGATION INTO FRESH WATER PEARL MUSSEL

The information about the case was contained in a 27 May 2016 letter to the environmental group Friends of the Irish Environment [FIE] proposing the closure of an investigation undertaken on the basis of complaints from the organisation from 2012 – 2015 over the protection of the fresh water pearl mussel in Ireland.

The examples documented by the NGO included forestry operations by Coillte Teo on the Glaskeen River in County Donegal, Mayo County Council’s repair of a bridge at Delphi on the Bundoragh River, the proposed N59 Maam Cross to Oughterard Road in Connemara, and felling along the river Lickey in Co. Waterford.

The Commission letter proposes the closure of the investigations on the basis of commitments made by the Irish authorities and the State Forestry Board, Coillte Teo. in a series of formal letters and meetings, teleconferencing and ‘numerous informal correspondence’.

HALT TO 28 COILLTE FORESTRY OPERATIONS

At the outset of the investigation into the operations in Glaskeelan River catchment which was ‘considerably damaged’ by their forestry operations, the Commission’s initial enquiry in 2013 led to Coillte Teo. ordering an immediate halt to 28 ongoing harvesting operations where the fresh water pearl mussel was present.

DONEGAL & WATERFORD

The investigation concluded that the use of a river as a roadway for heavy machinery ‘considerably damaged the habitat’ through ‘high levels of silt, mud, and run off to water courses’. An internal audit of compliance and the ongoing Commission investigations resulted in changes to Coillte’s procedures for risk assessment, planning training, and auditing which the Commission understands are now being implemented across Ireland. Coillte expressed regret for incident and reported that ‘disciplinary action was taken against several Coillte employees’.

In combination with concerns arising from a report over Coillte felling along the River Lickey in 2014 which found ‘long term and continuing deterioration of habitat quality’, Coillte now has 4 Quality assessors to monitor compliance across its forestry operations and has agreed to engage a hydrologist with an awareness of the habits requirements of the fresh water pearl mussel. Progress in protecting the River Lickey’s population will be monitored on a quarterly basis.

MAYO

The County Mayo case resulted in a commitment by the Minister for Arts Heritage and Gaeltacht ‘strengthen its own advisory Service’. A major flood event occurred swamping the working area where the local authority had tried to divert the Bundoragh River to repair the Delphi Bridge in spite of warnings from experts. The protective dam collapsed, releasing a considerable amount of sub-standard sand from the sand bags onto the only site in Ireland where the fresh water pearl mussel had favourable conservation status. As result of the incident, the Department has also agreed to develop a better coordination with An Bord Pleanala over projects they are considering. To prevent further erosion by grazing and trampling of sheep, the river banks are being fenced and other river bank protection measures will be put in place.

GALWAY

The proposed section of the N59 from Maam Cross to Oughterard in Connemara if it proceeds will now be subject to strict conditions regarding NPWS approval of Method Statements a number of Method Statements designed to protect the fresh water pearl mussle ‘and this has resulted in no operations being undertaken so far.

CONCLUSION

Tony Lowes of FIE said that ‘The changes brought about by our complaints show the potential for pro-active nature conservation in Ireland. However, a recent case where felling took place in a privately owned Castleforbes Estate in County Longford during the bird nesting season revealed that the ecological survey which would have undoubtedly prevent this was dropped as a condition of the license by the Minister for Arts Heritage and the Gaeltacht for ‘lack of resources’.

‘The examples we provided to the Commission show a systemic failure to fund and protect nature conservation in our Special Areas of Conservation. Ireland must make good on these legal requirements and provide sufficient resources to the National Parks and Wildlife Service to complete the designation process and protect these areas - or ultimately face far costlier daily fines as well.’

ENDS

Contact: Tony Lowes 353 27 74771 /353 87 2176316

EDITORS NOTES

Letter of 27 May, 2016 to Friends of the Irish Environment
http://friendsoftheirishenvironment.org/images/pdf/eufw...e.pdf

EU PRESS RELEASE

April Infringement Package

Nature: Commission calls for IRELAND to step up nature protection measures

The European Commission requests Ireland to protect habitats and species by introducing an appropriate level of protection for areas designated under the Natura 2000 network. In line with theHabitats Directive (Council Directive 92/43/EEC), Member States have had six years to designate protected areas under their national law - technically, turning them from "Sites of Community Interest" (SCIs) into "Special Areas of Conservation" (SACs), and to adopt the required measures for improving the status of habitats and speciespresent on these sites. Following the expiration of the six-year period, Ireland has formally designated only a minor proportion of its SCIs as SACs. Ireland has also not yet established the required conservation objectives and conservation measures for all of the remaining sites. This significant gap in the compliance with the key obligations under the Habitats Directive prevents the sound protection and management of the sites and constitutes a major threat to an appropriate functioning and the coherence of the Natura 2000 network as a whole. Therefore, the Commission is sending a reasoned opinion, giving Ireland two months to reply. If Ireland fails to act, the Commission may take the matter to the Court of Justice of the EU. This case is part of a horizontal enforcement action against several Member States.

http://europa.eu/rapid/press-release_MEMO-16-1452_en.htm