Michael Healy-Rae (Kerry South, Independent)
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To ask the Minister for Agriculture, Food and the Marine if he will clarify when restrictions relating to a licence application (details supplied) in County Kerry came into place; and if he will make a statement on the matter. [38830/12]

Simon Coveney (Cork South Central, Fine Gael)
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The site in question is located within a ‘Natura 2000 area’. All applications in ‘Natura 2000 areas’ are required to be appropriately assessed for the purpose of environmental compliance with the EU Habitats/Birds Directives.

In accordance with these EU Directives, as clarified by a judgement against Ireland of the European Court of Justice in 2007, my Department is constrained by law from issuing or renewing aquaculture licences for sites located within Natura 2000 areas, until such time as an ‘appropriate assessment’ has been conducted in accordance with those Directives of the potential of the proposed aquaculture and fishery activities within that area to impact negatively on the conservation objectives for that Natura site. The licensing process must take full account of the outcome of that assessment in reaching a determination on any particular licence application.

In relation to the specific case referred to by the Deputy my Department’s records indicate the applicant was made aware of the EU Habitats/Birds Directives requirements back in 2006.