THE EUROPEAN COMMISSION has decided to refer Ireland to court for “insufficient” efforts taken by authorities to stop peat cutting.

The decision to refer Ireland to the EU’s Court of Justice for failing to comply with the Environmental Impact Assessment Directive was made today.

Under this directive, member states are required to carry out an assessment of the environmental impacts of projects that are likely to have a significant negative impact on the environment. This includes peat extraction projects.

Ireland changed its legislation to implement this amended directive, but did not follow up with an enforcement plan.

“In practice Ireland has not ensured that all peat cutting projects are regulated and subject to an environmental impact assessment,” the Commission said.

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,” it continued.

It said since July 2020 Ireland has taken “significant action to halt peat cutting” by Bord na Móna, the state-owned operator, and rehabilitation action on sites owned by Bord na Móna is underway.

The Irish Environmental Protection Agency has taken enforcement action against operators on privately owned commercial sites of over 50 acres.

However, it said, “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.”

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