EUROPEAN LEGISLATION

COUNCIL DIRECTIVE 76/160/EEC: (QUALITY OF BATHING WATER) was introduced on foot of the European Community's first Environmental Action Programme and defined bathing water standards, establishing 19 physical, chemical and microbiological parameters for the quality of bathing water. Member States were allowed a period of 10 years within which to ensure these standards were met. The Directive set out the methods for monitoring and inspecting bathing water quality in its Annex. Directive 91/692/EEC introduced new requirements on procedures and reporting frequencies on the quality of bathing water in Member States.

COUNCIL DIRECTIVE 78/659/EEC: (FRESH WATER FOR FISH); the aim of this Directive is to set quality objectives for fresh waters so as to protect fish life from the discharge of pollutant substances into waters. The Directive laid out sampling and monitoring procedures and definitions of conformity between Member States. Under the Directive, Member States must designate fresh waters needing protection in order to support fish life. Council Directive 79/923/EEC (Quality of Shellfish Waters) is intended to protect and improve the quality of coastal and brackish waters (again designated by Member States) for shellfish growth.

COUNCIL DIRECTIVE 79/409/EEC (WILD BIRDS DIRECTIVE) is one of the main directives introduced by the EU on nature conservation. It establishes a complex scheme for the protection of wild birds and their habitats which requires the Member States to designate habitats, called Special Protection Areas (SPAs) for Ôparticularly vulnerable species (listed in Annex I) and to ensure the implementation of special habitat conservation measures. So far, 106 areas covering 205,300 hectares have been designated in Ireland, most of which are already in Nature Reserves. The original list of 74 species in Annex I was increased to 114 species by DIRECTIVE 85/411/EEC. Annex II lists those species which may be hunted but in such a manner so as not to endanger their conservation. Certain other restrictions were placed on hunting - again these are listed in the Annexes. The sale of wild birds is also prohibited under the Directive. A further amendment in 1991 (Commission Directive 91/244/EEC) prohibited the marketing of the white-fronted goose (Greenland) and black grouse (continental). Recently, yet another amendment to the Directive secured a qualified majority in the Council of Ministers. The amendment is intended to ensure that Annex II of the Directive includes certain species for which Member States are entitled to authorise hunting. There was some opposition to the proposal to add the common starling to the list.

COUNCIL REGULATION EEC/348/81 (CETACEANS) requires a licence for imports of whale parts and products and prohibited the issue of such a licence for products used for commercial purposes after January 1982.

COUNCIL DECISION 81/691/EEC (CONVENTION ON ANTARCTIC MARINE LIVING RESOURCES) approves the Canberra Convention to limit the harvesting of fish and other marine animals, particularly krill, south of 60¡ latitude South. A Commission was established to help achieve the aims of the Convention.

COUNCIL DECISION 82/72/EEC (CONVENTION ON EUROPEAN WILDLIFE AND HABITATS) approves the Berne Convention which was drawn up by the Council of Europe in 1979 and came into effect on 1 September 1982. The purpose of the convention was to promote closer cooperation between different countries in their efforts to protect wild flora and fauna in their natural habitats. Appendices I and II list those species to be strictly protected. The Decision covers a number of conservation aims:

– natural habitats that are of special importance for migratory species listed in Appendices II and III are to be protected in frontier areas. Efforts must also be co-ordinated to protect migratory species listed in Appendices II and III in the parties territorial areas.

– the deliberate collecting, uprooting etc. of wild plant species listed in Appendix I must be prohibited by the parties to the Convention. They may also prohibit their sale or possession.

– the capture, containment and killing of wild fauna listed in Appendix II must be prohibited by the parties to the Convention. They must also prohibit damage to those animals breeding or resting sites, disturbance during breeding and hibernation, destruction or taking of eggs, and the sale or possession of these animals or their parts.

COUNCIL DECISION 82/461/EEC (CONVENTION ON MIGRATORY SPECIES) approves the Bonn Convention which was drawn up in June 1979 and came into force on 1 November 1983. The purpose of the Convention was to enable countries to take action to preserve endangered species within their borders. Twenty-eight endangered species are listed in Appendix I whose protection the parties agreed to take immediate action to ensure, and 29 species are listed in Appendix II which are considered to have unfavourable conservation status. In respect of the latter the parties agreed to endeavour to conclude Agreements covering the conservation and management of migratory species included in Appendix II.

COUNCIL REGULATION EEC/3626/82 (CONVENTION ON TRADE IN ENDANGERED SPECIES). The Convention on Trade in Endangered Species was drawn up in 1973 with the aim of protecting endangered species of wild fauna and flora by introducing certain policy instruments regulating international trade in the species and their parts. The Regulation was adopted to implement the Convention and introduced in some instances even stricter controls over such trade. It lists species under varying degrees of threat in its Annexes. The Regulation has since been amended 18 times so as to allow changes in the species listed.

COUNCIL DIRECTIVE 83/129/EEC (SEAL PUPS & PRODUCTS) requires Member States to prohibit the commercial import of the seal products listed in the Annex to the Directive. The ban was initially set for a specified period to October 1985 and extended by subsequent directives until DIRECTIVE 89/370/EEC extended the ban indefinitely.

COUNCIL REGULATION EEC/3418/83 (DOCUMENTS UNDER CITES) sets out requirements for a uniform system of permits and licensing governing import and export of specimens listed under the Convention on Trade in Endangered Species (see above).

COUNCIL REGULATION (EEC) 3528/86 of 17 November 1986 on the protection of the EU's forests against atmospheric pollution.

COMMISSION REGULATION EEC/2496/89 (IVORY FROM THE AFRICAN ELEPHANT) prohibits the import into the Union of ivory from the African elephant.

COUNCIL REGULATIONS 91/3254/EEC of 4 November 1991 prohibit the use of leghold traps in the Community from January 1995 and the introduction of pelts and manufactured goods of certain wild animal species from 1 January 1996 which originate in countries where the animals are trapped by means of leghold traps or by methods which do not meet international humane trapping standards.

COUNCIL DIRECTIVE 92/43/EEC on the conservation of natural habitats and of wild fauna and flora is an important Directive, elaborating on the Berne Convention which came into effect in September 1992. Commonly known as the Habitats Directive, its purpose is to promote and ensure biodiversity "through the conservation of habitats and of wild fauna and flora in the European Territory". The Directive is made up of two major sections, the first dealing with habitat conservation, the second with species protection. With regard to the first, the Directive requires all Member States to contribute to the establishment of a European network (Natura 2000) of Special Areas of Conservation (SACs) which will enable the natural habitat and species' habitats (listed in the Annex I and II) to be maintained, of if appropriate, restored to a favourable conservation status. Annex I lists natural habitat types of Community interest (200 in all including 45 coastal habitats) while Annex II lists animals and plant species whose conservation would require the designation of SACs. Also contained in the annexes are the criteria for selection of SACs (Annex III). The Natura 2000 network will include all Special Protection Areas designated under Council Directive 79/409/EEC (Birds DirectiveÑsee above). Member States are required to have submitted a list of sites to the European Commission by May 1995 indicating which natural habitat types and species native to its territory are hosted by the sites. From these, the Commission will establish a draft list of Sites of Community Importance (SCIs). Member States must take the necessary measures to ensure conservation of their SACs and the Natura 2000 network will be periodically reviewed.

The second major section of the Directive deals with the protection of species. Annex IV lists animal and plant species of Community interest in need of strict protection. The species listed and their eggs must be protected from deliberate killing or disturbance, and destruction or deterioration of their breeding or resting sites is prohibited. Annex IV also lists plants which require strict protection and whose picking, collecting, uprooting or destruction is prohibited. Annex V lists animal and plant species of Community interest whose exploitation may be subject to management measures and, finally, Annex VI lists methods of capture and killing and modes of transport which are prohibited.

COUNCIL REGULATION (EEC) 2158/92 on the protection of the EU's forests against fire.

COMMISSION REGULATION (EEC) 1170/93 of 13 May 1993 lays down certain detailed rules for the application of Council Regulation (EEC) 2158/92 for the protection of the EU's forests against fire.

COMMISSION REGULATION 94/1771/EC of 19 July 1994 sets out provisions on the introduction into the European Union of pelts and manufactured goods of certain wild animal species.

INTERNATIONAL CONVENTIONS

Ireland is party to the following conventions:

CONVENTION ON THE CONSERVATION OF EUROPEAN WILDLIFE AND NATURAL HABITATS (the Berne Convention).

CONVENTION OF THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS (the Bonn Convention).

CONVENTION ON WETLANDS OF INTERNATIONAL IMPORTANCE especially as waterfowl habitats (the Ramsar Convention).

INTERNATIONAL CONVENTION FOR THE REGULATION OF WHALING (the Whaling Convention).

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (the Washington Convention).

ALPINE CONVENTION

SPECIAL ENVIRONMENTAL DESIGNATIONS IN IRELAND

STATUTORY NATURE RESERVES: There are 76 Nature Reserves covering more than 17,500 hectares in Ireland. These are State-owned areas set aside for the conservation of fauna, flora and their habitats. Nature Reserves are strictly protected under Sections 15 and 16 of the Wildlife Act, 1976.

NATIONAL PARKS: There are five National Parks in Ireland covering around 32,000 hectares: Glenviegh, Co. Donegal; The Burren, Co. Clare; Killarney, Co. Kerry; Connemara, Co. Galway and the Wicklow Mountains, Co. Wicklow. National Parks were established under World Conservation Union specifications with a view to safeguarding habitats and their use for the public. They are owned by the State.

NATURAL HERITAGE AREAS: NHAs are areas of special nature conservation importance and replace the old system of Areas of Scientific Interest. Areas of Scientific Interest were first identified by An Foras Forbartha in their 1970 National Heritage Inventory. There are currently around 700,000 hectares designated NHA encompassing around 1,250 individual sites. They have no protection under existing legislation but this may be forthcoming in the future. National Heritage Areas include natural habitats (such as fens, bogs Ñ raised and blanket, mud flats, salt marshes, sand dunes, lakes, grasslands and native woodlands) as well as geological formations (such as caves).

WILDFOWL SANCTUARIES: These were established under the Wildlife Act 1976 (Open Seasons) Orders. Sixty-eight sanctuaries have been designated to protect wildfowl and other bird species from hunting.

SPECIAL AMENITY AREA ORDER: Special Area Amenity Orders are designated by local authorities but must be approved by the Minister for the Environment. They give special protection to areas of significant scenic, ecological or recreational value. SAAOs may provide effective protection as they can, in theory, prevent any development which threatens the integrity of the designated area without payment of compensation to the owner.

AREA OF SPECIAL CONTROL: When drawing up Development Plans for their areas, local authorities can designate certain areas of particular scenic value for protection. Planning permission for development in these areas may be withheld if it is considered that such development will impact adversely on the amenity of the area.

AREA OF OUTSTANDING LANDSCAPE: Identified under the National Heritage Inventory in 1977, Areas of Outstanding Landscape are intended as guidelines for local authorities.

INTERNATIONAL DESIGNATIONS USED IN IRELAND

SPECIAL PROTECTION AREAS (SPAs): Under Directive 79/409/EEC a complex scheme for the protection of wild birds and their habitats was established which required the Member States to designate habitats, called Special Protection Areas (SPAs) for Ôparticularly vulnerable species' (listed in Annex I) and to ensure the implementation of special habitat conservation measures. So far, 106 areas covering 205,300 hectares have been designated in Ireland, most of which are already in Nature Reserves or specially designated areas. The original list of 74 species in Annex I was increased to 114 species by Directive 85/411/EEC. The National Parks and Wildlife Service is responsible for designating Special Protection Areas in Ireland. Until 1997, the Birds Directive was implemented through the Conservation of Wild Birds Regulations (S.I. 291 of 1985). However, under the Habitats Directive which came into Irish law in February, 1997, SPAs are incorporated into the network of SACs which have a formal designation procedure.

DESIGNATED BATHING WATERS: Council Directive 76/160/EEC (Quality of Bathing Water) was introduced on foot of the European Community's first Environmental Action Programme and defined bathing water standards, establishing 19 physical, chemical and microbiological parameters for the quality of bathing water. Member States were allowed a period of 10 years within which to ensure these standards were met. This Directive is implemented by Quality of Bathing Water Regulations, 1992. An Taisce currently co-ordinates the Blue Flag Awards scheme for designated bathing waters together with local authorities. The aim of the scheme is to promote and maintain quality standards for bathing areas throughout the European Union.

RAMSAR SITE: Convention on Wetlands of International Importance (especially as waterfowl habitats), generally known as the Ramsar Convention, requires that the State recognises and preserves internationally important wetlands. Ireland has designated 47 wetlands for inclusion in the Ramsar List of Wetlands of International Importance, all of which are owned by the State (with the exception of Mongan Bog, which is owned by An Taisce) and are included in existing Nature Reserves.

UNESCO BIOSPHERE RESERVE: Biosphere Reserves are sites of international scientific or educational importance and subject to strict qualifying criteria. Only two sites have been so designated in Ireland: Bull Island, Co. Dublin and the Killarney Valley, Co. Kerry.

SPECIAL AREAS OF CONSERVATION (SACs): Under Directive 92/43/EEC (Habitats Directive) whose purpose is to promote and ensure bio-diversity "through the conservation of habitats and of wild fauna and flora in the European Territory", approximately 400 sites representing 550,000 ha, have been designated as Special Areas of Conservation in Ireland. The Directive requires all Member States to contribute to the establishment of a European network (Natura 2000) of Special Areas of Conservation which will enable the natural habitat and species' habitats to be maintained, of if appropriate, restored to a favourable conservation status. The Natura 2000 network includes all Special Protection Areas designated under Council Directive 79/409/EEC (Birds Directive see above). Member States must take the necessary measures to ensure conservation of their SACs and the Natura 2000 network will be periodically reviewed. (See COUNCIL DIRECTIVE 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, above).

SALMONID WATERS: Ireland is legally required by Council Directive 78/659/EEC to designate two categories of fresh waters needing protection in order to support fish life: Salmonid Waters, for salmon, trout and whitefish; and Cyprinid Waters for cyprinids and other species (pike, eel). Twenty-two rivers have been designated to date under the EC (Quality of Salmonid Waters) Regulations.

WORLD HERITAGE SITE: The World Heritage Convention was adopted by UNESCO in 1972. World Heritage Sites cover cultural and natural features of world importance and include 120 cultural and 15 natural sites in Europe. The Boyne Valley archaeological complex is the only World Heritage Site in the Republic of Ireland.

STATE AGENCIES WITH RESPONSIBILITIES FOR CONSERVATION OF THE NATURAL ENVIRONMENT

NATIONAL PARKS AND WILDLIFE SERVICE OF THE OFFICE OF PUBLIC WORKS (NPWS)

The National Parks and Wildlife Service is responsible for acquisition and management of State nature reserves, national parks and conservation of protected species of fauna and flora. The NPWS has a number of Regional Offices and each county usually has two Wildlife Rangers. The Rangers' responsibilities include regulation of game and shooting, conservation of protected species under the Wildlife Act, supervision of nature reserves and education. Wildlife Rangers will also be aware of areas of particular conservation interest in their county. The NPWS will vet grant applications for developments which may impinge on Natural Heritage Areas (NHAs).