Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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To ask the Minister for Arts, Heritage and the Gaeltacht in view of the fact that protected bogs are being cut by turf cutters, if he has had any success in securing a 12 month extension in the derogation from the EC on these bogs; if he will provide an update regarding the talks with the EC on the matter; and if he will make a statement on the matter. [36978/12]

Jimmy Deenihan (Kerry North-West Limerick, Fine Gael)
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In January 2011, legal proceedings were commenced by the European Commission against Ireland in regard to the continued cutting of turf on sites nominated for designation as Special Areas of Conservation for the protection of raised bog habitat.

In its complaint, the Commission contends that there was no basis in European Law for the original 10 year derogation which the then Irish Government introduced in 1999. The extension of such a derogation, or the continuation of turf extraction from these sites outside the legal requirements of the Habitats Directive, has been clearly ruled out by the Commission, most recently in Environment Commissioner Potočnik’s response in July to European Parliamentary Questions (P-006637/2012) put down by Ms Mairéad McGuinness, MEP, regarding certain proposals made by the Turf Cutters and Contractors Association (TCCA). In his response, the Commissioner stated: “Further turf cutting can only legally take place if the requirements of Articles 6(3) and (4) of Directive 92/43/EEC are fully satisfied”. He also stated: "The Commission did not give TCCA, or any other party, reason to believe that such continued extraction was possible. Moreover, the Commission does not believe that the Irish authorities have the legal discretion to agree to it either."

In April of this year, the Government, in discussions with Commissioner Potočnik, succeeded in securing agreement on an approach to the preparation of a National Raised Bog SAC Management Plan. The approach has also been considered by the Peatlands Council and is outlined in a document available on my Department’s website at . The Commission also made clear, in its reply referred to above, that continued peat extraction on Ireland's 53 raised bog Sites of Community Importance while a national management plan is being prepared would be contrary to the provisions of the applicable EU legislation. My Department will continue to work closely with the Commission in relation to the preparation of this plan.