Commission to refer Ireland to the Court of Justice of the European Union for failure to protect its peat bogs

Today, the European Commission decided to refer Ireland (INFR(2010)2161) to the Court of Justice of the European Union for failure to apply the Habitats Directive (Directive 92/43/EEC)  to protect sites designated for raised bog and blanket bog habitats from turf cutting.

The Habitats Directive requires Member States to designate their most precious natural habitats and to protect them from harmful activities. These sites in Ireland continue to be degraded through drainage and turf cutting activities, and insufficient action is being taken to restore the sites. These areas are biodiversity hotspots playing host to important insect and bird species. They are categorised as “priority” habitats under the Directive due to their unique qualities. Peat bogs are also vital carbon sinks when healthy, while a UN report estimated that Ireland's degraded peatlands emit 21.5 million tonnes of CO2 equivalent per year.

The Commission sent a letter of formal notice to Ireland in January 2011, followed by a reasoned opinion in June 2011. Despite some progress, the Irish authorities have not fully addressed the shortcomings. For instance, whilst some restoration work has been undertaken on raised bog sites, no action has been taken regarding blanket bog sites where Ireland has failed to put in place an effective regulatory regime to protect these unique bog sites. Therefore, the Commission sent an additional reasoned opinion in September 2022. The Commission considers that efforts by the Irish authorities have, to date, been insufficient and is therefore referring Ireland to the Court of Justice of the European Union.

Background

The European Green Deal and the Biodiversity Strategy for 2030 indicate that it is crucial for the EU to halt biodiversity loss by protecting and restoring biodiversity. Ireland hosts some of the most unique active raised bog sites in the EU as well as large areas of still active blanket bog.

Their protection and restoration could assist Ireland in meeting its climate change goals, not only by keeping healthy peat in the ground but also avoiding emissions when peat is burnt as a fuel. While traditionally families cut peat by hand, cutting today is done by machine resulting in additional damage to the structure of these sites. Digging and drainage fundamentally undermines their hydrology making restoration challenging. Ireland must redouble its efforts to move turf cutting machines away from these sites before the damage done makes restoration impossible.

More Information

EU infringement procedure

Infringement decisions database 

Link to the March 2024 infringement package

Infringement procedure Ireland (INFR(2010)2161)

Environmental infringements interactive map