Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)

Any decision to declassify a special area of conservation is one for the European Commission in accordance with Article 9 of the habitats directive. Furthermore, the article provides that the Commission may only consider the declassification of a special area of conservation where it is warranted by natural developments. As this does not arise in regard to the bog referred to in the Deputy's question, it is difficult to see how a case for declassification of the site could be made.

Regulation 14 of the European Communities (Birds and Habitats) Regulations 2011 transposes Article 9 of the habitats directive into Irish law by providing for the de-designation of special areas of conservation where the agreement of the European Commission has been obtained. However, as I stated, the decision to declassify is, in the first instance, is one for the Commission.

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