WRITTEN QUESTION E-2424/00

by Patricia McKenna (Verts/ALE) to the Commission

(18 July 2000)

Subject: Environmental impact assessment of afforestation in Ireland

The answer given by Commissioner Wallström on 6 April 2000 in relation to a question from this Member of Parliament [E-0431/00 EN](1) enquiring about Irish compliance with the European Court of Justice's judgment against Ireland of 21 September 1999 [Case C-392/96] stated that the Commission is conscious of the importance of respect for Council Directive 85/337/EEC(2) on the assessment of the effects of certain public and private projects on the environment.

Commissioner Wallström drew this Member's attention to Article 37(1) of the Rural Development Regulation which provides that support for rural development shall be granted only for measures that comply with Community law.

This Member would like to draw Commissioner Wallström's attention to the grant aid since this judgment by Ireland of a plantation of 52 hectares on the northern shores of Glenbeg Lough, County Kerry. The lough is designated by the Irish authorities as a proposed Special Area of Conservation as a blanket bog and for its oligotrophic (nutrient poor) waters and associated vegetation. It is farmed for its native brown trout. While this northern shore is excluded from the designated area, the steep slopes of the site drain into and adjoin this lough [Glanmore Bog, Site Code 1879]. Further, the Ownagaopul River, which exits from Glenbeg Lough, has also been designated as a proposed SAC for protection of the fresh water pearl mussel, but part of this afforestation has taken place along the banks of this river.

Aside from its protection under proposed Natura 2000 designations, the area is protected in the local authority development plan as an Area of Visual/Scenic Importance [Table V.2: Item B 48 Glenbeg Lake and Environs] and is included in the National Inventory of Outstanding Landscapes [Item 12: Caha Mountains: Glaciated mountain massif]. The lough is also the source of the local authority water supply with a catchment of 6 500. However no environmental impact assessment was required by the Irish Forestry Service as the thresholds for EIAs remain unchanged at 70 hectares.

Further, the application was not referred to Duchas, the competent national authority under the Habitats Directive, as the Forestry Service procedures only require such notification if a forestry development is within the boundaries of an SAC. Yet Article 6 of the Habitats Directive requires that any plan or project not directly connected with or necessary to the management of the site but likely to have an effect on the site, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the sites conservation objectives'.

Can the Commission now assure this Member that no further Community funding will be made available for afforestation in Ireland until procedures are in place to ensure both Directives are complied with and the areas long recognised and designated for their scenic qualities are also preserved?

(1) OJ C 374 E, 28.12.2000, p. 74.

(2) OJ L 175, 5.7.1985, p. 40.

Answer given by Mr Wallström on behalf of the Commission

(10 October 2000)

The Commission notes the information provided by the Honourable Member concerning a forestry project at Glenbeg Lough, County Kerry. It confirms that complaints are being registered in relation to this project, and that it intends to make representations to the national authorities. Pending the results of these representations, the Commission considers that it would be premature to offer more specific comments. The Honourable Member will be kept informed of developments.

More generally, the Commission wishes to confirm that it is taking the necessary steps(1) to ensure that Ireland complies with the judgement of the Court of justice in Case C-392/96 in relation to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. It may be noted that it is possible for an environmental impact assessment of a forestry project carried out pursuant to Directive 85/337/EEC to also satisfy the assessment requirement referred to in Article 6(3) of Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(2). The Commission expects that the results of its action will be the outcome desired by the Honourable Member, i.e. respect for the assessment requirements of Directive 85/337/EEC and Directive 92/43/EEC in relation to Community co-financed afforestation in Ireland.

(1) A letter of formal notice under Article 228 (ex Article 171) of the EC Treaty was notified to Ireland on 25 July 2000.

(2) OJ L 206, 22.7.1992.