WRITTEN QUESTION P-2540/99

by Patricia McKenna (Verts/ALE) to the Commission

(16 December 1999)

Subject: Planned golf course in Doonbeg, Co. Clare, Ireland

In 1997 an American golf course company, Landmark National, of Columbus, Ohio, agreed with Shannon Development, the Irish State Agency responsible for rural development in the Shannon area of Ireland, to develop a world class leisure and golf links resort, including a 51 bedroom hotel and 80 chalets, on unspoiled sand dunes on the coast of County Clare.

The location had been long recognised for its nature conservation values, having been listed nationally and in the Clare County Development Plan for protection. The site's importance was confirmed in April 1993 when it was resurveyed with EU LIFE funding. This importance was again confirmed in 1997 when it was again resurveyed with EU LIFE funding and designated as a proposed Special Area of Conservation (SAC) of 266 hectares, notified to the European Commission on 11 April 1997. [Site Code 1007].

In February 1998, without any scientific study, the area was reduced from 266 hectares to 52 hectares and the Site Code changed from 1007 to 2250 by the Irish Authorities which in November 1998 enabled the golf development project to proceed. The proposed development was to be part funded by £2,4 million from the European Regional Development Fund under the Operational Programme for Tourism 1994-1999.

A study which was commissioned in January 1999 by the relevant Irish authorities from Ireland's leading conchologist Eveleyn Moorkens into the presence of the rare snail listed in Annex II of the Habitats Directive 92/43 Vertigo angustior has proved that the reduction of boundaries had left the majority of the habitat of the snail outside the boundaries of the SAC, and that to maintain the favourable conservation status of the snail the boundaries must be expanded to include the area excluded the year before. The report was not made available on the national planning oral hearing in June 1999 at which the author was present. The national scientific authorities stated at that time that the development would not have a significant impact on any species listed in the Directive in spite of the fact that the report states that changes in topography (which are required by the development proposal) are prohibited.

Can the Commission explain what measures it intends to take in order to reestablish the original boundaries of the Special Area of Conservation and protect the habitat of Vertigo angustior? How can the Commission accept that a golf development project which is even partially financed through the Structural Fund's assistance damages a species protected under Directive 92/43? Does the Commission intend to open a procedure for infringement of Community law (Article 226 of the EU Treaty), and especially of Directive 92/43, against the Irish Government?

Answer given by Mrs Wallström on behalf of the Commission

(20 January 2000)

The Commission is aware of the issues raised by the Honourable Member as a result of the investigation of complaints made about the project. In February 1999, the Commission lodged an application against Ireland before the Court of justice under Article 226 (ex Article 169) of the EC Treaty for failure to transmit a complete list of sites for purposes of Article 4(1) of Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna(1). The Commission inter alia cited the failure to notify the original proposed special area of conservation at Doonbeg. Since then, the Irish authorities have notified a site at Doonbeg, which, as the Honourable Member has noted, is significantly smaller than the original site (as well as having a different configuration). The report cited by the Honourable Member provides strong evidence that the site reduction was not scientifically justified in the case of vertigo angustior since the new site excludes most of the species population at Doonbeg. The Commission has accordingly requested the Irish authorities to propose a site which completely reflects the presence of this species at Doonbeg. However, to date, the Irish authorities have declined to do so. Having regard to the scope of the existing procedure before the Court, the Commission does not consider it necessary or appropriate to start a new procedure.

By letter dated 14 December 1999, the Commission has informed the Irish authorities that the grant of the Community assistance to the above mentioned project is to be suspended, for an amount corresponding to the aid foreseen for the project in question, from the date of receipt of the letter.

(1) OJ L 206, 22.7.1992.