The Irish Natura and Hill Farmers Association (INHFA) have called for clarity on a ruling made by the European Court of Justice in June of 2023 where Ireland was found to have ‘failed to fulfil its obligations under Articles 4(4) and 6(1) of the Habitats Directive in relation to lands designated as candidate sites for special areas of conservation (SACs).’
Speaking on this national president Vincent Roddy stressed the need for clarity on this issue as this has “wide reaching implications for farmers currently operating on SAC lands and also for farmers seeking a derogation under the nitrates regulation, as these derogations will have to be compliant with the habitats directives.”
It is, Roddy explained “important to understand the context behind the ruling which goes back to 1997, where land areas were first identified as possible SAC sites and given the title of Candidate SAC sites.” This candidate status was, he continued “given to provide protection to these sites while allowing the State through the National Parks and Wildlife Service (NPWS) to assess them, put in place a management plan for each site and provide legal protection through a Statutory Instrument.” All of this was, he added “to be completed within six years and the reason they have a timeframe relates to the fact that, the likelihood of the site remaining the same decreases as time passes, and this could over time result in partial or complete loss of the original habitat.”
Of the 217 sites that were included on the list established by the Commission in December 2004, no site received official status within the six-year timeframe and it wasn’t until 2018 that the first sites were officially ratified. While this process has continued over the last seven years there are still sites that have not been legally ratified and given a site specific management plan as required under Articles 4(4) and 6(1) of the Habitats Directives.
The INHFA President stated “its over two years since the ECJ decision and while the NPWS continue to outline how they are working with the EU Commission, there is no apparent progress. When you compare this to what happened with Apple Inc and their Irish tax liability there is a growing sense of deja vu here.”
In the meantime, farmers that are deemed to be non-compliant with SAC regulation can, he explained “be expected to have heavy penalties under CAP conditionality which is still covered under GAEC 9 and the Statutory Management Requirements (SMRs) 3 and 4.
However, this the INHFA leader added is very questionable “as the legal basis for these sites is unclear and will remain so until legal clarity is provided.”The legal clarifications required here can “be best delivered through the courts, but we don’t believe that the costs for such a legal challenge should be left to a farmer/landowner.”
Ireland’s President (who was the Minister that introduced the Habitats Directives) has the INHFA leader stated “the power to refer legislation to the courts in order to test its constitutionality and this was done as recent as 2022 with the Judicial Appointments Commission Bill.” While this may be more problematic with EU legislation it is, Roddy added “an option that needs to be explored.”
The INHFA leader concluded by stressing the need to provide legal clarity, emphasising that “this is an urgent issue the State must address and pay for.”