Subject of Complaint: Fisheries (Amendment) Act 1997, Ireland, hereafter referred to as the ‘Act’.
Salmon Watch Ireland has launched a Complaint to the Commission of European Communities. This complaint focuses on Sections of the Fisheries Act 1997 which permits the continuation of salmon farm licences which have expired. This is certainly a situation whereby the provisions of the Habitats Directive and Environmental Impact Assessment Directive are not being applied by the Irish state and as such are in contravention of both Directives. The issue of access to justice without prohibitive cost is also being not applied and should be properly transposed into the Fisheries Act.
- Application of S. 19 (4), of the Fisheries (Amendment) Act 1997, Ireland.
(The impugned section of the act permits the indefinite operation of marine open cage salmon farms, with expired licenses, pending licence renewal and thereby avoiding the application of the provisions of the Habitats Directive and the Environmental Impact Assessment Directive).
2.Non-Transposition of Environmental Impact Assessment Directive 85/337/EEC 2011//92/EU.
(The Act has not been amended to transpose Article 11 of the Environmental Impact Assessment Directive; 85/337/EEC – 2011//92/EU, i.e. Arhus Convention Rights to information, participation, and access to justice without prohibitive cost in environmental decision making).
The full text of the complaint is available here Complaint Text