Luxembourg, 04/04/2002 (Agence Europe) - Advocate General Philipe Léger proposes that the Court of Justice should find Ireland guilty because, he says, it did nothing to stop overgrazing in the so-called special protection area (SPA) that covers the Owenduff-Nephin Beg Complex, 26,000 hectares of peat land that includes the Owenduff water basin and the Nephin Beg chain of mountains in County Mayo, to the west of Ireland.
The excessive grazing by sheep endangers the habitat of the red (willow) grouse (lagopus lagopus), a bird species protected by European directive. Ireland's failure to act is said to have led to evident and considerable destruction of the red grouse's habitat, concludes Philippe Léger. He states that Greenland white-fronted geese and golden plovers are also threatened.
The Birds Directive stipulates that Member States should take the measures necessary to avoid all pollution or deterioration of the habitats of migratory birds in SPAs.
The European Commission, which has initiated court action against Ireland, considers that only a draconian management plan is likely to restore sufficient habitat area for the red grouse.
The Irish government acknowledges the fact that the habitat of this bird is seriously threatened by overgrazing, but considers that, in order for Ireland to be found guilty, the Commission must prove that the habitat areas have been reduced in size, with figures to back up its argument. To date, it has not done so. Ireland recalls that framework plans to cover the most deteriorated common land have been created.
Like most Member States under the same circumstances, Ireland is torn between its legal obligations --which it does not challenge - , the application of the Directive on Wild Birds; and the requirements of an economic sector, in this case sheep farming. By severely and immediately cutting back the number of sheep in the areas concerned, this would result in rejection of the safeguard plans by the farming community, it warns.
Finally, it should be noted that a large part of the Owenduff-Nephin Beg Complex has been declared a wetland of international importance under the terms of the 1971 Ramsar Convention (Iran) (available on: http: //http://www.ramsar.o.rg/key_conv_f.htm )
The ruling is expected to be made in the next few months.
This case is considered as one of the key environmental cases such as those in which the Commission had obtained: condemnation of France for excessive nitrate in surface water in Brittany, due to intensive pig farming (see EUROPE of 17 March 2001) and that of Greece for not having protected the giant turtles (caretta caretta) from damage caused by uncontrolled tourism. In which people have not shown the slightest interest, say the experts.