Environmental Directives

Pure Sound

What would happen to Ireland if we were not to comply with EU directives such as
The Habitats Directive
The Birds Directive
The Water Framework Directive
The Landfill Directive

Would Ireland be in more financial trouble if we breached these EU laws or do you think that the EU would just overlook it due to our banking crisis. From what I can gather we are set to meet targets in the Landfill directive largely due to reduced construction waste since the recession hit. We are likely to fail the wfd and we are breaching the birds and habitats directive continuously. I can't find much info on prosecutions for breaching these directives but surely there have been some?

Uriel.

We would be in serious trouble is the answer.

The Commission would start infringement proceedings and take action against us. The "punishment" would depend on the type and level of non-compliance/breach with any Directive.

In fact the Commission has started proceedings against us (January 2011) in relation to the Habitats Directive, particularly the protection of active raised bog habitat.

Losing a case of that nature in the European Court of Justice would see us hit with a lump sum fine plus daily fines until we resolve the matter to the satisfaction of the ECJ. Likely this will run into the millions possible 100s of millions.

Last week and again today, Minister Phil Hogan appears to have announced steps to be taken in order to avoid such action on that particularly issue - see environ.ie and look at Press Releases on the Peatlands Council and the Bog Compensation Arrangements.

Quite honestly, failure to comply with Europe is not an option.

we get plenty of money to be in the club, we also have to respect the rules of membership

Pure Sound

Thats what I thought but so far the EU seem to be just threatening this scenario. This site has the same views as yourself. I just hope that the government are taking these threats seriously as we can not afford that kind of financial loss. On the other hand in some ways I hope that the EU follow through with fines if we don't comply as these directives are important for the future of humans, animals and plants survival.

Uriel.

Just be a little careful with the various interest groups. For the most part environmentalists and farmer etc interest groups will come forward with 80-90% of the truth and the rest is propaganda etc... They are lobby groups like unions so they this is part of their modus operandi.

Quite simply we don't know what fines will hit us. But it is definitely a lot. The EIA case is particularly worrying. As we settled with the ECJ. Now we've not followed through on the terms of the settlement. This is referred to as a structural infringement and is among the most serious types of infringements within EU structures. And rightly so. We will be hammered on it if we don't act now.

It's not easy though as you do need to take into account the legal rights, the economic, social, cultural and natural justice aspects of those affected by these things - such as turf cutters and farmers. Although I don't have a huge amount of sympathy for farmers tbh because Europe provides significant funding under the Rural Development Programme to compensate those affected by such directives. Sadly, the powr of groups like the IFA has lead to money being dispersed too wide amount all farmers and not targeted at those who are genuinely at a lost because of habitat protection etc...

I think europe has recognised the nature and history of Ireland, particularly in terms of our strong sentiment towards land ownership and property rights (look at the housing bubble for example and the difference between Irish home ownership and other countries). We spent a long tine fighting to "own" our land and it's not all that long ago that we succeeded in some of our endeavours. I believe Europe understands this and that's why they have been so lenient. But their patience has ran out, it's clear on that. The Habitats Directive came into being almost 20 years ago, and we've completely failed to protect priority habitats under the Directive. We have no excuse and Europe has no more rope left for us.

This Government will have to act quickly and effectively on this and solvethe problem, hopefully by bringing the interest groups along with them, which is the best, and most ideal and effective way of achieving success in Irelands oblogations. But the gov need also needs a back up plan and be ready to act decisively if they cannot bring these groups with them.

It is relatively easy for Europe to impose fines once an ECJ ruling has been made. Even if the country was bankrupt, they can simply withhold European funding flows into Ireland to recoup the fines.

The next 3 - 6 months will really tell a tale