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Peat extraction in Ireland
                                       (Petition No. 755/2010)
www.friendsoftheirishenvironment.net           19 September 2012
Why we are here (again)...


                                    Update
                                    regarding
                                    developments
                                    since we first
                                    appeared before
                                    Petitions
                                    Committee, in
Cloonchambers bog, Co. Roscommon
                                    November 2011.
Priority habitat Natura 2000 site
Issue 1: Peat extraction in
   raised bog Natura 2000 sites



                                          Digger




Digger loads peat into            Peat is spread to dry
spreading machine                 for burning in winter
Issue 2: Unassessed peat extraction by major companies
outside Natura 2000 sites

  For: horticulture; three peat-fired power
  stations; and as fuel for domestic heating




                 No planning permission, no EIA
ECJ in 1999:                                             Nothing
“Ireland has not denied              E.g. Bord na Móna   has
that no project for the                     (Irish),
extraction of peat...has            Klasmann Deilmann    changed
                                          (German),
been the subject
                                    Pindstrup Mosebrug
                                                         since
of an impact assessment”
(C-392/96)                                 (Danish)      1999!
Development 1: The Commission’s role



February 1999: Irish government announced a 10 year “derogation”
to allow peat extraction to continue “for domestic use” in Natura
2000 sites. In clear breach of the Habitats Directive.


                          What happened during those 10 years?
                          “...there has been a 99% loss of the original area of actively
                          growing raised bog in Ireland, and one-third of the remaining
                          1% has been lost in the last 10 years” (CBD, 2010)


                          January 2011: Commission finally begins legal proceedings.

10 June 2011: “the Commission would like to refute any insinuation
that....any political interference has resulted in it failing to carry out its
duties in relation to peat extraction and EU environmental legislation.”
Question 1: Commission, guardian of the Treaties?

Former Minister Éamon Ó Cuív, 6 March 2012: “It is
absolutely true to say we never received a ten year
derogation from the authorities in Brussels because
they were never going to agree to one. What we did
— what Governments need to do in such instances —
was we travelled to Brussels to tell the officials we
would offer a ten year derogation to domestic bog
cutters and arrange to remove the commercial turf
cutters who accounted for a figure of 96% of the effort,
if memory serves me correctly. The European Union
stated it was not going to extend an official derogation,
but that it would not interfere in [our] providing for the
introduction of a ten year period.”
                                                                          Éamon Ó Cuív
                                                             Minister from 1997 to 2001
Will politics interfere (again) in 2013 when Ireland
holds the Presidency of the Council of the EU (January
to June, coinciding with the turf cutting season)?
Development 2: Aerial
survey report in May 2012




In total, at least 23 (of 53)
priority habitat raised bog
Natura 2000 sites have been cut
by machines this year.
                                  29 May 2012: Monivea bog, Co. Galway .
                                  Irish authorities “monitored” the cutting
                                  but did not intervene (Irish Times, 2012).
Question 2: What effective steps did the Irish government or the
Commission take to protect the 23 priority habitat Natura 2000
sites cut by machines in 2012? What will happen in 2013?

        Mouds bog,
        Co. Kildare




                Question 3: Why did the Commission not bring an
                action for interim measures (injunction) in 2012?
(Non)Development 3: Peatlands outside Natura 2000

                               • No effective action to address peat
                                 extraction outside protected areas
                                 in Ireland. No planning
                                 permission, no EIA.

 Extraction for horticulture   • In terms of scale, Bord na Móna
 Extraction for 3 peat-fired     (semi-state company) alone
 power stations                  extracts 3 million tonnes per year
                                 (EPA, 2011)!

                               • Question 4: When will we see
                                 action to bring these activities into
                                 line with EU law?
Is this to be the fate of
all Ireland’s raised bogs?




29 May 2012: A tiny island of bog is all that remains amidst a
sea of cutting at Moannakeeba West, an undesignated bog
near Lough Derg, Co. Galway.
References
EPA (2011) BOGLAND: Sustainable                       Ó Cuív (2012) Statement to the Dáil, 6 March 2012.
management of peatlands in Ireland.                   http://debates.oireachtas.ie/dail/2012/03/06/00025.asp
www.epa.ie
CBD (2010) Ireland: 4th national report to the CBD.
http://www.cbd.int/doc/world/ie/ie-nr-04-en.pdf
Irish Times (2012) Turf-cutters defying ban warned of
prosecutions.
http://www.irishtimes.com/newspaper/ireland/2012/
0601/1224317058294.html

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Ien peat petition european parliament - 19 sept 2012

  • 1. Peat extraction in Ireland (Petition No. 755/2010) www.friendsoftheirishenvironment.net 19 September 2012
  • 2. Why we are here (again)... Update regarding developments since we first appeared before Petitions Committee, in Cloonchambers bog, Co. Roscommon November 2011. Priority habitat Natura 2000 site
  • 3. Issue 1: Peat extraction in raised bog Natura 2000 sites Digger Digger loads peat into Peat is spread to dry spreading machine for burning in winter
  • 4. Issue 2: Unassessed peat extraction by major companies outside Natura 2000 sites For: horticulture; three peat-fired power stations; and as fuel for domestic heating No planning permission, no EIA ECJ in 1999: Nothing “Ireland has not denied E.g. Bord na MĂłna has that no project for the (Irish), extraction of peat...has Klasmann Deilmann changed (German), been the subject Pindstrup Mosebrug since of an impact assessment” (C-392/96) (Danish) 1999!
  • 5. Development 1: The Commission’s role February 1999: Irish government announced a 10 year “derogation” to allow peat extraction to continue “for domestic use” in Natura 2000 sites. In clear breach of the Habitats Directive. What happened during those 10 years? “...there has been a 99% loss of the original area of actively growing raised bog in Ireland, and one-third of the remaining 1% has been lost in the last 10 years” (CBD, 2010) January 2011: Commission finally begins legal proceedings. 10 June 2011: “the Commission would like to refute any insinuation that....any political interference has resulted in it failing to carry out its duties in relation to peat extraction and EU environmental legislation.”
  • 6. Question 1: Commission, guardian of the Treaties? Former Minister Éamon Ă“ CuĂ­v, 6 March 2012: “It is absolutely true to say we never received a ten year derogation from the authorities in Brussels because they were never going to agree to one. What we did — what Governments need to do in such instances — was we travelled to Brussels to tell the officials we would offer a ten year derogation to domestic bog cutters and arrange to remove the commercial turf cutters who accounted for a figure of 96% of the effort, if memory serves me correctly. The European Union stated it was not going to extend an official derogation, but that it would not interfere in [our] providing for the introduction of a ten year period.” Éamon Ă“ CuĂ­v Minister from 1997 to 2001 Will politics interfere (again) in 2013 when Ireland holds the Presidency of the Council of the EU (January to June, coinciding with the turf cutting season)?
  • 7. Development 2: Aerial survey report in May 2012 In total, at least 23 (of 53) priority habitat raised bog Natura 2000 sites have been cut by machines this year. 29 May 2012: Monivea bog, Co. Galway . Irish authorities “monitored” the cutting but did not intervene (Irish Times, 2012).
  • 8. Question 2: What effective steps did the Irish government or the Commission take to protect the 23 priority habitat Natura 2000 sites cut by machines in 2012? What will happen in 2013? Mouds bog, Co. Kildare Question 3: Why did the Commission not bring an action for interim measures (injunction) in 2012?
  • 9. (Non)Development 3: Peatlands outside Natura 2000 • No effective action to address peat extraction outside protected areas in Ireland. No planning permission, no EIA. Extraction for horticulture • In terms of scale, Bord na MĂłna Extraction for 3 peat-fired (semi-state company) alone power stations extracts 3 million tonnes per year (EPA, 2011)! • Question 4: When will we see action to bring these activities into line with EU law?
  • 10. Is this to be the fate of all Ireland’s raised bogs? 29 May 2012: A tiny island of bog is all that remains amidst a sea of cutting at Moannakeeba West, an undesignated bog near Lough Derg, Co. Galway.
  • 11. References EPA (2011) BOGLAND: Sustainable Ă“ CuĂ­v (2012) Statement to the Dáil, 6 March 2012. management of peatlands in Ireland. http://debates.oireachtas.ie/dail/2012/03/06/00025.asp www.epa.ie CBD (2010) Ireland: 4th national report to the CBD. http://www.cbd.int/doc/world/ie/ie-nr-04-en.pdf Irish Times (2012) Turf-cutters defying ban warned of prosecutions. http://www.irishtimes.com/newspaper/ireland/2012/ 0601/1224317058294.html