THE EUROPEAN COURT of Justice has ruled that Ireland broke EU nature laws by failing to protect hundreds of sites across the country.
In a decision issued today, the court found that the Irish government had failed to designate Special Areas of Conservation and had failed to comply with an EU obligation to establish badly needed conservation measures for sensitive habitats.
The case concerns the implementation of the Habitats Directive, under the European Communities (Birds and Natural Habitats) Regulations 2011.
This directive requires Ireland to identify a network of sites, known as Natura 2000 sites, where important or endangered animal or plant species are present.
In its ruling, the court said that Ireland had failed to set conservation objectives for 140 out of 423 sites.
The failure meant that Ireland has been unable to address all significant pressures and threats against the habitats at those sites.
As previously reported by The Journal’s investigative platform Noteworthy, the infringement proceedings allege that Ireland did not designate 217 ‘Sites of Community Interest’ (SCIs) as SACs within a strict six-year time period.
Reacting to the ruling’s criticism of the government, Minister of State for Heritage and Electoral Reform Malcolm Noonan said he would not comment “in detail immediately”, as he needed to consult the Attorney General on its ramifications.
Noonan added that the government does “recognise the importance and the significance of the judgement and the findings of non-compliance” with the Habitats Directive.
“It is important to note that the Court’s findings refer to the position in January 2019.
Last month, The Journal reported that while a large amount of sites have been registered to date – some 250 in the past two years – some high-profile areas yet to be added include Killarney National Park and parts of the Burren.
They were among 40 sensitive habitats yet to be designated.
The Department of Housing, Local Government and Heritage maintains that the remainder are will completed before the end of this year.
“This Government has made very considerable progress in recent years: we are transforming and renewing the National Parks and Wildlife Service and have created a dedicated Directorate to lead on the implementation of conservation measures across all of Ireland’s Natura 2000 sites,” Noonan said.
“I am confident that we will respond to this judgement swiftly with positive and constructive actions in order to bring Ireland into full compliance.”
Director General of the National Parks and Wildlife Service, Niall O’Donnchu, said he is aware that across Europe there is a “huge effort required in relation to the protection of nature and biodiversity”.
He added: “This is something that the National Parks and Wildlife Service takes extremely seriously – our mission is to protect nature, and we are committed to delivering on this. As the Minister has noted, the judgement reflects the position prior to January 2019.
“The NPWS is currently studying it in detail and we will engage with the EU Commission on a roadmap.”
He said there has been a “considerable distance” of progress since January 2019 with “more than 95% of all Natura 2000 sites” now covered by the legislation known as the Statutory Instrument.
O’Donnchu added that “100% of sites” are now covered by published Site Specific Conservation Objectives.
“It is our firm intention that the judgement will spur NPWS on to further action. Our natural world is at the core of everything we do, and everything we produce as a country.
“We need to work together to ensure that it is healthy, protected and thriving long into the future.”
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