Eamon Gilmore (Dún Laoghaire, Labour)
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Question 676: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent finding by the European Court of Justice, case C183/05, which condemns Ireland for not taking effective measures for protecting natural flora and fauna; and if he will make a statement on the matter. [33904/06]

Dick Roche (Wicklow, Fianna Fail)
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The matter referred to has not yet been determined in a judgment of the European Court of Justice. However the Advocate General's opinion on this case was delivered on 21 September 2006.

In the case, the Commission put forward three complaints against Ireland of which one was withdrawn. The remaining two were

(a) the absence of specific measures for the effective implementation of the system of strict protection required under Article 12(1) of the Habitats Directive;

(b) the existence in Irish law of provisions which are inconsistent with both Article 12 and Article 16 of the Habitats Directive.

Regarding (b), Ireland has made all the necessary changes to address the Commission's concerns by way of the Habitats (Amendment) Regulations 2005. My Department is currently reviewing and addressing the implications of the Advocate General's opinion regarding (a).