Mary Upton (Dublin South Central, Labour)
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Question 70: To ask the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that Ireland will not be liable to pay fines under the EU Habitats Directive in relation to the failure to protect endangered species. [22491/06]

Dick Roche (Wicklow, Fianna Fail)
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The European Communities (Natural Habitats) (Amendment) Regulations 2005 were made in response to a case taken against Ireland by the European Commission, (Case C-183/05), which related to the Commission's concerns that Ireland's transposition of the Habitats Directive was in some respects inadequate. Ireland also presented to the European Court of Justice the wide range of monitoring schemes and active measures that are being taken to address the needs of Annex IV species.

The Commission accepted that the new regulations answered their legislative concerns regarding transposition, and accordingly withdrew that aspect of their case against Ireland. The case, however, proceeded on the basis of the Commission's concerns about Ireland's operation of derogation procedures under the Directive and their view that surveillance and specific measures were, to date, insufficient. This has been strongly contested by Ireland at the Court and extensive material including scientific reports have been presented in corroboration of Ireland's defence.

In the meantime, the practice relating to the granting of derogation licences (e.g. for the disturbance of bat colonies in the course of road construction) has been comprehensively reviewed in the light of the arguments made by the Commission, and as a result, a more structured and rigorous procedure has now been put in place, with a strong emphasis on effective mitigation measures. In addition, progress is being made in the preparation of additional species action plans that address the conservation needs of Annex IV species.

All submissions in this case to the European Court of Justice have been made and the Court's judgment is awaited. The question of fines does not arise at this stage.