Today, the European Commission decided to refer Ireland to the Court of Justice of the European Union for failing to comply with the Environmental Impact Assessment (EIA) Directive ( Directive 2011/92/EU as amended by Directive 2014/52/EU ). Under the Directive, Member States are required to carry out an assessment of the environmental impacts of projects likely to have a significant negative impact on the environment, including peat extraction projects. These assessments ensure public participation in the decision-making process of projects. They also guarantee the preservation of peatlands, which play a vital role for both ecological balance and climate mitigation.
Ireland changed its legislation to implement the 1999 ruling of the Court of Justice ( C-392/96 ) concerning incorrect transposition of the first EIA Directive from 1985, which was codified and replaced by Directive 2011/92/EU . These legislative changes were not followed by enforcement action, as in practice Ireland has not ensured that all peat cutting projects are regulated and subject to an environmental impact assessment. This is why the Commission initiated a new infringement procedure. The Commission sent Ireland a letter of formal notice in July 2019 and a reasoned opinion in July 2020. At that time, there were significant peat cutting activities ongoing that had not been subject to planning permissions or environmental impact assessments.
Since July 2020, Ireland has taken significant action to halt peat cutting by the state-owned operator Bord Na Móna. Rehabilitation action on the sites owned by Bord Na Móna, where industrial cutting had taken place earlier without an environmental impact assessment, is now underway, largely funded by the EU through its Recovery and Resilience Facility . Moreover, since July 2020, the Irish Environmental Protection Agency has been undertaking enforcement action against operators on privately owned commercial sites of over 50 hectares. This resulted in some commercial peat operators halting their activities.
However, the Commission is aware that there is still significant peat cutting activity, which is not subject to planning permission or environmental impact assessment, especially in relation to sites below 50 hectares. Despite evidence of these ongoing illegal activities, enforcement action at the local level is not being taken. The Commission considers that efforts by the Irish authorities have been insufficient and is therefore referring Ireland to the Court of Justice of the European Union.
Background
The environmental impact assessment procedure is the main tool for ensuring the proper integration of environmental concerns into the decision-making process of projects. It ensures that projects likely to have significant effects on the environment are subject to an environmental impact assessment prior to their approval or authorisation. Public participation is a key feature of environmental impact assessment procedures. The aim of the assessment is to provide a high level of protection of the environment and to ensure public participation to the preparation of projects with a view to reducing their environmental impact.
