23.7.2005   

EN

Official Journal of the European Union

C 182/22

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declare that, by limiting its transposition into Irish law of the provisions of Article 12(2) and Article 13(1)(b) of Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (1) to those species listed in Annex IV of the Directive that occur in Ireland, Ireland has failed to comply with the said Articles 12(2) and 13(1)(b) of this Directive and with its obligation under the Treaty,

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declare that, in failing to take all the necessary specific measures to effectively implement the system of strict protection required by Article 12(1) of Directive 92/43/EEC, Ireland has failed to comply with the said Article 12(1) of this Directive and with its obligation under the Treaty,

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declare that, by retaining provisions of Irish legislation that are inconsistent with the provisions of Articles 12(1) and 16 of Directive 92/43/EEC, Ireland has failed to comply with the said Articles 12(1) and 16 of this Directive and with its obligation under the Treaty,

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order Ireland to pay the costs.

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The transposition of Article 12(2) of Directive 92/43/EEC (the Habitats Directive) in Irish law is incomplete in so far as it prohibits the keeping, transport and sale or exchange, and offering for sale or exchange of species listed in Annex IV(a) of the Directive only in respect of those animal species that occur in Ireland.

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The implementation of Article 12(1) of the Directive in Ireland is incomplete in so far as Ireland has not adopted all the specific measures necessary to effectively establish a system of strict protection for the animal species listed in Annex IV(a) that are found in Ireland.

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The transposition of Articles 12(1) and 16 of the Directive is incorrect because there exists a parallel regime of derogations that is incompatible with the scope of and the conditions for the application of Article 16 and which leads to a violation by Ireland of its obligation under Article 12(1) to establish and maintain a system of strict protection for animal species listed in Annex IV(a) of the Directive.