Brussels-The European Commission is asking Ireland to take urgent action to improve the implementation of legislation that protects Irish peat bog habitats.
The Commission is concerned that peat extraction is ongoing in numerous protected Natura 2000 sites, despite letters sent out by the Irish authorities.
Scientists have warned that up to 35 per cent of certain priority habitats have been destroyed since the legislation was adopted, and that the annual rate of loss is between 1 and 4 per cent. In addition, the Commission also has concerns over some 170 other protected bogs. Ireland was sent a letter of formal notice about this matter in January 2011. Although recent progress appears to have been made in relation to 32 sites, this needs to be reflected by changes on the ground.
On the recommendation of Environment Commissioner Janez Potonik, the Commission has decided to send a “Reasoned Opinion”. The Commission’s assessment of the progress on the ground will be crucial in determining the next steps in this procedure.
The case concerns systemic breaches of the Habitats Directive (92/43/EC) and the EIA Directive (85/337/EEC) related to peat extraction on protected bogs. While Ireland is clearly acting on the problem – the Minister for the Environment announced an immediate ban on turf cutting in 32 active raised bogs in 2010, and an end to turf cutting in 24 additional active raised bogs by the end of 2011 – the Commission has serious concerns about the effectiveness of the response.
Background
As well as being an endangered form of biodiversity, peat bogs are critical carbon stores, and they provide important ecosystem services such as flood prevention. Under the Habitats Directive, Ireland had to submit peatlands for protection as part of Natura 2000 from 1998. Two types of peat bog – active raised bogs and active blanket bogs - are particularly at risk in Ireland. Developments are permitted in Natura 2000, Europe’s network of protected natural areas, only if they will not adversely affect the integrity of the site concerned, or if there is an overriding public interest and compensatory measures are taken.
European legislation also requires Ireland to make environmentally sensitive peat extraction projects subject to the Environmental Impact Assessment Directive, in order to evaluate possible impacts on the environment before they begin. This enables planners to minimise negative impacts before they actually happen.
Ireland was previously involved in a long-running dispute with the Commission over the protection of peat bogs, which involved the EU Court of Justice ruling in 1999 that Ireland did not have adequate rules to assess the environmental impacts of peat extraction, and the Commission subsequently threatening Ireland with financial penalties when it failed to comply with the ruling.
The case was closed in 2005 when Ireland adopted satisfactory EIA rules that included provisions for EIA in Natura 2000 sites. But in 2011, six years after the closure of the original case, no EIA for peat extraction has ever been carried out. The Commission is therefore demanding urgent action, and raising the issue of loyal co-operation.
Government Response
Jimmy Deenihan, TD, Minister for Arts, Heritage and the Gaeltacht, responded late last week to the decision of the European Commission to send Ireland a Reasoned Opinion in relation to the implementation of legislation that protects peat bog habitats. “Since coming into office, this Government has taken resolute action in relation to the protection of Ireland’s peatland habitats,” said Minister Deenihan.
“This action has been acknowledged in the press statement issued by the Commission. However, the Commission have also clearly stated that it will be progress on the ground which determines the next steps in this case.
“Within weeks of coming into office, the Government established a compensation scheme for turf-cutters who were required to cease cutting turf and established a ... Peatlands Council, independently chaired by Conor Skehan, comprising all the relevant interests. The Government also agreed that a national peatlands strategy would be drawn up to address the long term conservation and management of Ireland’s peatland heritage,” said Mr Deenihan.
“In addition, on the 1st of June, all members of the Peatlands Council, including environmental non-governmental organisations and turf cutting interests, agreed to work together to resolve all issues of compliance in relation to the Habitats Directive. This agreement included, for the first time, a clear acceptance from all parties that turf-cutting cannot continue on SAC raised bogs. I have also put in place a system of monitoring to ensure that no further cutting takes place on the affected bogs,” he said.
“I believe we have demonstrated real progress on the ground over the past 2 months or so and having acknowledged that this issue will continue to remain a priority of this Government. With ongoing co-operation of all the interests on the Peatlands Council, I believe we can address both the Commission’s concerns and also those of affected turf-cutters,” said Minister Deenihan.
The minister noted, however, that there had been cutting detected on a number of the sites.
Minister Deenihan stated that enforcement action would be taken where turf cutting has continued on these sites. Land-owners, turbary right owners and contractors have been informed of the restrictions applying to these sites through direct correspondence and public advertisement.
“The Government has put in place compensation arrangements and is working with turf-cutting representatives to identify alternative bog sites for those who wish to relocate,” said Minister Deenihan. “We have established the Peatlands Council, where peoples’ legitimate concerns are being addressed. However, we cannot tolerate people breaking the law. Ireland has legal obligations to provide protection to these sites and this is what we must do,” he added. “Further damage to these sites risks Ireland being brought to task in the European Court of Justice and may result in substantial fines against us. This is something the country simply cannot afford. We must also demonstrate to the majority who have ceased cutting that their good citizenship will not be undermined by those who wish to break the law,” he said.
