EU directive can be applied to salmon drift nets
He is wrong. If Mr Lucey had spent more time reading the entire directive he would have come across article six which lays an obligation on governments to take account of events happening outside special areas of conservation which impact on protected species within such areas.
It then lays down precise procedural requirements which must be followed if the favourable conservation status of the species is going to be affected by these events. That is the basis on which the EU commission has threatened action against Ireland. In their press release of July 3, 2006, the EU commission said that āunder the directive, the annual authorisation (of drift netting) must be subject to a prior scientific assessment. Authorisation of the fishery is possible only where the assessment confirms that no negative effects will arise or where, alternatively, the conditions for an exception or derogation are met. The 2006 assessment showed negative effects, but drift-netting was nevertheless authorised by the Irish authorities. The commission considers it very important that compliance is achieved in 2007 and beyond. Following discussions with the Irish authorities, the commission is encouraged by Irelandās commitment to bring decisions on the fishery into line with scientific advice from next year onwardsā.