WRITTEN QUESTION P-3274/01

by Patricia McKenna (Verts/ALE) to the Commission

(20 November 2001)

Subject: Aquaculture development plans in Ireland

The Irish Government has announced funding of over 73 million for aquaculture developments under the National Development Plan 2000-2006. In a reply to a previous written question dated 30 March 2001, the Commission outlined that some 25 million are being contributed by the EU via the FIFG in the operational programmes for the same period.

The Commission has also issued letters of warning to the Irish Government for breaches of EU law regarding aquaculture developments in designated SACs and SPAs such as Lough Swilly and Trawbreaga Bay in Donegal and Kenmare Bay in Co Kerry.

The Minister responsible for the Heritage in Ireland, Sile de Valera, recently reiterated that the Government had no intention of conducting an EIA or a baseline study to assess the effects of unfettered aquaculture developments in the Lough Swilly area.

How does the Commission reconcile these two facts and would it consider suspending funding of these developments via the FIFG to ensure that it does not indirectly assist in further spoiling environmental sites of European importance?

Could the Commission help the local Lough Swilly campaign group fund a baseline study and through what means?

Answer given by Mr Fischler on behalf of the Commission

(14 December 2001)

The aquaculture development in Ireland is funded under the Regional programmes for the South-East (SE) and Border Midland and West (BMW). Loch Swilly area is included in the latter.

Aquaculture development programme is a sub-measure under the Fishery harbours, gaeltach/Island harbours and aquaculture measure, which belongs to the Local enterprise priority.

The total expenditure for the Aquaculture sub-measure for the BMW programme is 46,28 million, of which 16,07 million of the financial instrument for fisheries guidance (FIFG) funding.

The National Development Plan for Ireland states that according to Article 12 of Council Regulation (EC) No 1260/1999 of 21 June 1999, laying down general rules on structural funds(1), Community co-financed expenditures should at all times be compatible with Community policies on environment, equal opportunities, competition and public procurement rules. These horizontal issues are also used for defining more detailed criteria for selecting projects as outlined in each programme complement.

Concerning the aquaculture measure under the BMW regional programme complement, it is stated that the projects will be selected on the basis of their compliance with statutory licensing and planning regulations and Community regulations on poverty, rural development, environment and gender equality.

Additionally, the BMW programming complement states that on balance the Aquaculture sub-measure should have a positive impact on the environment as projects will be selected on the basis of promoters' compliance with planning, including environmental impact assessment (EIA) and Community regulations.

Council Directive 85/337/EEC of 27 June 1985, on the assessment of the effects of certain public and private projects on the environment(2), as modified by Council Directive 97/11/EC of 3 March 1997(3), includes intensive fish farming in its Annex II, that is projects for which the Member States shall determine through: a case-by-case examination, or thresholds or criteria set by the Member State, whether the project shall be made subject to an assessment in accordance with Articles 5 to 10 of the same Directive.

According to Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector(4) on the FIFG, the promoters of intensive fish-farming projects shall forward the information provided for in Annex IV to Directive 85/337/EEC to the management authority together

with their application for public aid. The management authority shall decide whether the project must be submitted for assessment under Articles 5 to 10 of that Directive. Where the public aid is granted the cost of collecting information on environmental impact and any assessment costs shall be eligible for assistance from the FIFG.

Consequently, only when it has been properly assessed in respect of environmental impact, an intensive fish farming project can be granted a FIFG financial aid.

The Honourable Member's attention is also drawn to the obligation of Member States to ensure that aquaculture projects and activities respect the requirements of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(5) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna(6). These inter alia include a requirement to carry out an appropriate assessment of plans or projects likely to have a significant effect on sites protected pursuant to these directives.

(1) OJ L 161, 26.6.1999.

(2) OJ L 175, 5.7.1985.

(3) OJ L 73, 14.3.1997.

(4) OJ L 337, 30.12.1999.

(5) OJ L 103, 25.4.1979.

(6) OJ L 206, 22.7.1992.