COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - IRELAND Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 29
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 60 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - IRELAND
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 60 final.
Encl.: SWD(2017) 60 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 60 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - IRELAND
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 59 final}
Ireland 2
This report has been written by the staff of the Directorate-General for Environment, European Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
Ireland 3
More information on the European Union is available on the internet ( http://europa.eu ).
Photographs: p.8 – ©LIFE00 ENV/IRL/000764/Dublic City Council/, p.12 – ©Nikada/iStock, p.20 –
©Diego Lopez Sebastian/iStock, p.26 – ©MOF/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 7
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ..................................................... 10
Nature and Biodiversity ....................................................................................................................... 10
Estimating Natural Capital................................................................................................................... 12
Green Infrastructure ........................................................................................................................... 13
Soil protection ..................................................................................................................................... 13
Marine protection ............................................................................................................................... 14
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 16
Air quality ............................................................................................................................................ 16
Noise ................................................................................................................................................. 17
Water quality and management ......................................................................................................... 17
Enhancing the sustainability of cities .................................................................................................. 20
International agreements ................................................................................................................... 21
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 22
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 22
Green taxation and environmentally harmful subsidies ..................................................................... 22
Green Public Procurement .................................................................................................................. 23
Investments: the contribution of EU funds ......................................................................................... 23
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 26
Effective governance within central, regional and local government ................................................. 26
Compliance assurance ......................................................................................................................... 27
Public participation and access to justice ........................................................................................... 29
Ireland 4
Access to information, knowledge and evidence ................................................................................ 30
Ireland 5
Executive summary
About the Environmental Implementation Review taken important steps towards a circular economy.
In May 2016, the Commission launched the Besides national strategies and plans like those on Environmental Implementation Review (EIR), a two-year resource efficiency, jobs and green procurement there cycle of analysis, dialogue and collaboration to improve are several programmes focussing mainly on SMEs the implementation of existing EU environmental policy (Green Offer Programme, Green Business Programme, and legislation 1 . As a first step, the Commission drafted SMILE) that aim at supporting the development of the 28 reports describing the main challenges and green economy.
opportunities on environmental implementation for each Main Challenges
Member State. These reports are meant to stimulate a
positive debate both on shared environmental challenges The main challenges Ireland faces with regard to for the EU, as well as on the most effective ways to implementing EU environmental policy and law are:
address the key implementation gaps. The reports rely on The need to complete the Natura 2000 designation the detailed sectoral implementation reports collected or process, with clearly defined conservation issued by the Commission under specific environmental objectives, for terrestrial and marine sites. legislation as well as the 2015 State of the Environment Protecting the raised and blanket bogs.
Report and other reports by the European Environment Maintaining the important investments required for Agency. These reports will not replace the specific water services, given the urgent need to invest in instruments to ensure compliance with the EU legal water infrastructure. obligations.
The reports will broadly follow the outline of the 7th Main Opportunities
Environmental Action Programme 2 and refer to the 2030 Ireland could perform better on issues where a sound
Agenda for Sustainable development and related knowledge base and good practices already exist. This
Sustainable Development Goals (SDGs) 3 to the extent to applies in particular to:
which they reflect the existing obligations and policy
objectives of EU environmental law 4 . Making better use of the significant potential in nature for tourism by better managing and
The main challenges have been selected by taking into protecting natural sites. account factors such as the importance or the gravity of
the environmental implementation issue in the light of Points of excellence
the impact on the quality of life of the citizens, the
distance to target, and financial implications. Where Ireland leads in environmental implementation, it could share innovative approaches more widely among
The reports accompany the Communication "The EU other countries. Concrete examples include:
Environmental Implementation Review 2016: Common
challenges and how to combine efforts to deliver better To comply with a ruling by the Court of Justice, results", which identifies challenges that are common to Ireland implemented a major reform of its waste several Member States, provides preliminary conclusions sector, closed illegal landfills and financed costly on possible root causes of implementation gaps and clean-up and remediation works. This exercise has proposes joint actions to deliver better results. It also transformed the waste sector in Ireland, providing groups in its Annex the actions proposed in each country useful lessons for other countries. Over ten years
report to improve implementation at national level. ago, Ireland established the Network for Ireland’s Environmental Compliance and Enforcement (NIECE)
General profile to ensure an effective, national approach to
The Republic of Ireland has made significant progress enforcing environmental legislation.
across a range of environmental policy areas and has Ireland has taken a proactive approach towards managing complaints in the environmental sector, in
cooperation with the Commission.
1 Communication "Delivering the benefits of EU environmental policies through a regular Environmental Implementation Review"
( COM/2016/ 316 final ). 2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union
Environmental Action Programme to 2020 " Living well, within the limits of our planet ".
3 United Nations, 2015. The Sustainable Development Goals
4 This EIR report does not cover climate change, chemicals and energy.
Ireland 5
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving green economy, developing a strategy and appropriate
resource efficiency tools to communicate the performance of Ireland’s Green Economy in order to encourage greater
The 2015 Circular Economy Package emphasizes the need investment in the sector; and examining the potential to to move towards a lifecycle-driven ‘circular’ economy, increase innovation in public procurement which could with a cascading use of resources and residual waste that support green products and services.
is close to zero. This can be facilitated by the
development of, and access to, innovative financial Ireland is performing below average in the EU as regards instruments and funding for eco-innovation. resource productivity
6 (how efficiently the economy uses
SDG 8 invites countries to promote sustained, inclusive material resources to produce wealth), with 1.88 EUR/kg and sustainable economic growth, full and productive (EU average is 2.0) in 2015. Figure 1 depicts a significant employment and decent work for all. SDG 9 highlights increase in resource productivity since 2007. Resource the need to build resilient infrastructure, promote productivity is lower in countries with heavy serviceinclusive and sustainable industrialization and foster based economies, like professional services in Ireland.
innovation. SDG 12 encourages countries to achieve the Figure 1: Resource productivity 2003-15 7
sustainable management and efficient use of natural resources by 2030.
Measures towards a circular economy
Transforming our economies from linear to circular offers an opportunity to reinvent them and make them more sustainable and competitive. This will stimulate investments and bring both short and long-term benefits
for the economy, environment and citizens alike 5 .
The Irish Government has identified several sectors which present opportunities for economic growth and job creation in the Green Economy Policy Statement on “Delivering Our Green Potential”. These areas are
renewable energy; energy efficiency and resource SMEs and resource efficiency
efficiency; green products and services; green financial
services; agriculture, marine and forestry; tourism; waste Ireland's Small and Medium-sized enterprises (SMEs) management; water and wastewater management; low sector was one of the hardest hit by the crisis in the EU.
carbon transport; research, development and innovation. Since 2011, there has been significant and sustained recovery. However, employment and value added are not
An important policy development related to the circular yet back to pre-crisis levels.
economy is the adoption of a national strategy on
resource efficiency in 2014. The strategy ‘Towards a In general, Ireland proposes a wide range of measures to resource efficient Ireland’ incorporates the fourth support business in improving its resource efficiency, National Waste Prevention Programme and sets out a ranging from voluntary measures to regulatory measures. framework for delivering the vision of ‘living better, using An analysis
8 shows that Ireland offers nine out of ten
less’. support activities assessed in the study so that it belongs
The 2015 Action Plan for Jobs sets out a number of other 6
actions aimed at supporting the development of the Resource productivity is defined as the ratio between gross domestic product (GDP) and domestic material consumption (DMC).
7 Eurostat, Resource productivity , accessed October 2016
8 European Commission, 2015. A framework for Member States to 5 European Commission, 2015. Proposed Circular Economy Package support business in improving its resource efficiency , p. 59
Ireland 6
to the ten best performing member states. average 60%), 44% to save water (EU28 average 44%),
Three measures could be mentioned as successful and 53% to save materials (EU28 average 54%). From a
examples: circular economy perspective, 68% took measures to recycle by reusing material or waste within the company,
The Environmental Protection Agency (EPA) has been 22% to design products that are easier to maintain, repair active in supporting resource efficiency investments and or reuse and 32% were able to sell their scrap material to projects. Its Green Business programme provides free another company. resource efficiency audits and recommendations to
SMEs. The EPA also operates the Green Enterprise grant According to the Flash 426 Eurobarometer, the resource scheme (originally known as the Cleaner Greener efficiency actions undertaken allowed the reduction of Production Programme, rebranded in 2012), which production costs in a 34% of the Irish SMEs.
supports organisations and companies in demonstration The Flash Eurobarometer shows that 41% of the SMEs in type projects aimed at improving their environmental Ireland have one or more full time employee working in a performance and minimising emissions through cleaner green job at least some of the time. Ireland has an production methods. Since 2012, 41 Green Enterprise average number of 1.4 full time green employees per
demonstration projects have been funded, valued at SME 10 .
around EUR 1.9 million (EPA, 2014a). Using the full potential of resource efficiency measures,
Enterprise Ireland helps companies improve their there are cost savings possible: for only four SME sectors environmental performance through its Green Offer (food & beverages; energy, power & utilities; programme. The programme includes a GreenStart environmental technologies; construction) the savings scheme which offers grant support for SMEs to hire a that would strengthen their competitiveness could consultant to undertake a short in-company assignment already amount to around EUR 187,000 million. About with a view to introducing environmental best practice 5,600 new jobs could be created and about 16,000 jobs systems and structures, achieving cost reduction targets could be secured if all SMEs in the four sectors would
and laying a foundation for future environmental fully use their potential for resource efficiency 11 .
improvement projects. Companies can also apply for
funding towards the cost of undertaking a ‘GreenPlus Recent research indicates national economic gains of Assignment’ aimed at developing a high level of EUR 1 billion for a modest national production efficiency environmental management capabilities, driving of 2 %
12 .
environmental efficiency and improving sustainability.
The Irish government provides support for Industrial Eco-Innovation
Symbiosis through the “SMILE Resource Exchange” 9 . This Ireland ranks third in Europe in the Eco-Innovation support measure was launched locally in 2011 and Scoreboard, with a composite index of 134 relative to the nationally in 2014, and aims to encourage the exchange EU-average index of 100 as shown in Figure 2. This of resources between its members in order to save them represents a substantial improvement compared to 2013,
money, reduce waste going to landfill and to develop when Ireland ranked 11 th and was close to the EU
new business opportunities. SMILE is a free service for average with a composite index of 95.4. companies. Potential exchanges are identified through
regional networking events and an online exchange tool. Several factors are driving the transition to a circular
SMILE is now available nationwide and operates more economy and the development of eco-innovation in strongly in some regions of Ireland: Cork, Dublin, Clare, Ireland. In terms of natural capital, Ireland has Limerick and Kerry. As of the second quarter of 2015, substantial and diverse renewable energy resources, SMILE Resource Exchange has 1,232 members. In 2014, raising the prospects for further innovation in the energy through SMILE 60 successful synergies were concluded, sector and future exports of clean energy. It is also rich in altogether helping to divert 357 tonnes of material from natural resources such as clean water, natural landscapes
landfill with an estimated value of EUR 398,000.
In the Flash 426 Eurobarometer " SMEs, resource 10 The Flash 426 Eurobarometer "SMEs, resource efficiency and green efficiency and green markets" it is shown that 65% of markets" defines "green job" as a job that directly deals with
Ireland's SMEs have invested up to 5% of their annual information, technologies, or materials that preserves or restores environmental quality. This requires specialised skills, knowledge,
turnover in their resource efficiency actions (EU28 training, or experience (e.g. verifying compliance with environmental average 50%), 37% of them are currently offering green legislation, monitoring resource efficiency within the company,
products and services, 57% took measures to save energy promoting and selling green products and services). 11
(EU28 average 59%), 75% to minimise waste (EU28 Risk and Policy Analysts, 2015. Study on Assessing the Potential Cost Savings and Resource Savings of Investments in 4 SME sectors , p. 30
and 38
12 Environmental Protection Agency, 2013. Roadmap for a National
9 SMILE Resource Exchange , 2016 Resource Efficiency Plan for Ireland , p. 25
Ireland 7
and biodiversity, which can underpin sustainable supporting eco-innovation and the circular economy economic development and ‘green’ tourism (DJEI, 2012). include a national strategy on resource efficiency
Figure 2: Eco-Innovation Index 2015 (EU=100) 13 (‘Towards a resource efficient Ireland’), an Energy Policy White Paper (‘Ireland’s Transition to a Low Carbon
Energy Future’), an Offshore Renewable Energy Development Plan, and a new strategy for R&D, science and technology (‘Innovation 2020’). These strategic documents will set the framework for policy actions related to eco-innovation and the circular economy in the forthcoming years.
In addition, the Government committed itself to Corporate Social Responsibility and its role in business led social, environmental and economic sustainability
(National Plan on Corporate Social Responsibility 16 ).
Waste management
Turning waste into a resource requires: − Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc. − Reducing per capita waste generation and waste generation in absolute terms. − Limiting energy recovery to non-recyclable materials and phasing out landfilling of recyclable or recoverable waste. SDG 12 invites countries to substantially reduce waste generation through prevention, reduction, recycling and reuse, by 2030.
On the technological side, Ireland enjoys a strong R&D The EU's approach to waste management is based on the
base for developing and testing green technologies, "waste hierarchy" which sets out an order of priority when shaping waste policy and managing waste at the
products and applications, as well as a comparative
advantage in key enabling technologies such as operational level: prevention, (preparing for) reuse,
engineering, ICT and biotechnology (DJEI 14 , 2012). Ireland recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration
is home to numerous technology companies – large and
small, indigenous and foreign-owned – as well as without energy recovery).
research institutes and facilities which can deliver R&D in The progress towards reaching recycling targets and the
areas related to eco-innovation (DCENR 15 , 2015). adoption of adequate WMP/WPP 17 should be the key
items to measure the performance of Member States. The policy environment has generally been conducive to
eco-innovation. Ireland is committed to achieving EU This section focuses on management of municipal waste targets on reducing greenhouse gas emissions, increasing for which EU law sets mandatory recycling targets.
energy efficiency and renewable energy, increasing re In 2013 (the last year for which data for IE is available) a
use, recovery and recycling of waste, improving water reduction in municipal waste 18 generation continues to
quality, and conservation. In November 2012, the be observed in Ireland (Figure 3). However, it still government announced its commitment to promote the remains higher than the EU average (586 kg/y/inhabitant Green Economy in a Communication entitled ‘Delivering compared to 474 kg in 2014). Figure 3 depicts the our Green Potential’ (see EIO Country Report Ireland municipal waste by treatment in Ireland in terms of kg 2013). A Consultative Committee on the Green Economy per capita, which shows also the existence of not treated
was created with a view to identifying emerging
opportunities in this area. More recent policy initiatives 16 Department of Jobs, Enterprise and Innovation, 2014. National Plan
on Corporate Social Responsibility
17
13 Waste Management Plans/Waste Prevention Programmes Eco-innovation Observatory : Eco-Innovation scoreboard 2015 18
14 Municipal waste consists of waste collected by or on behalf of Department of Jobs, Enterprise and Innovation municipal authorities, or directly by the private sector (business or
15 Department of Communications, Energy & Natural Resources private non-profit institutions) not on behalf of municipalities.
Ireland 8
waste. bags and the landfill of waste are paid into that fund and
Figure 3: Municipal waste by treatment in Ireland 2007- can be used mainly for assistance on waste related
13 19 measures (general schemes or producer initiative to prevent/reduce waste, implementation on waste
management plans).
Landfill rates in Ireland remain high (42%) 21 . It made use
of the possibility to postpone by four year years the attainment of the 2016 35 % landfill diversion target. For biodegradable waste it achieved the landfill diversion target of 50% by 2013. In 2013, 589,000 tonnes of biodegradable municipal waste were going to landfill (being below the target 610,000 tonnes). Residual Waste sent to landfill experienced a considerable decline over the years 2011-13, driven by the recent increases in the cost. Figure 4 shows that for recycling (40% including composting) Ireland is on track to meet the recycling
target for 2020 (50%) 22 .
Caution is needed so that future investments in incineration (energy recovery) or in mechanical biological treatment (MBT) plants based on mixed waste input do
Nevertheless, impressive progress towards the targets not hinder Ireland from meeting the recycling target for has been made in recent years, although there is still a 2020.
little way to go to achieve the 50% recycling target of the
Waste Framework Directive by 2020 as shown in Figure
4.
Figure 4: Recycling rate of municipal waste 2007-13 20
Despite good progress, the underlying causes for the remaining distance to EU waste targets are most likely the insufficient coverage of households by door-to-door separate collection of waste (i.e. some households not subscribed to any collection system) and insufficient fiscal incentives to move waste further up in the waste
The high landfill levy and suite of regulations on hierarchy (away from residual waste treatment towards household waste collection currently in place (as well as prevention and recycling).
the current reforms being undertaken to strengthening Full implementation of the existing legislation could the existing regulatory structure), have driven change create more than 6.100 jobs in Ireland and increase the and have potential to enable compliance with the current annual turnover of the waste sector by over EUR 640 EU directive targets. In 2001 an Environment Fund was million. GHG emissions could be reduced by 2020 by
established. Revenues from levies on plastic shopping
21
19 Ireland secured four year derogation from the landfill directive Eurostat, targets, meaning that the target years are 2010, 2013 and 2016.
http://ec.europa.eu/eurostat/documents/2995521/7214320/8- 22 Member States may choose a different method than the one used by
22032016-AP-EN.pdf/eea3c8df-ce89-41e0-a958-5cc7290825c3, . ESTAT (and referred to in this report) to calculate their recycling rates
20 Eurostat, Recycling rate of municipal waste , accessed October 2016. and track compliance with the 2020 target of 50% recycling of
For Ireland, 2014 data were not available. municipal waste.
Ireland 9
between 1.8 (full implementation) and 3.1 Mt CO2 eq
(optimised scenario) compared to their 2004 levels (2.7 to 4.7% of total 2004 emissions).
Suggested action
• Introduce new policies, including economic instruments, to promote prevention, make reuse and
recycling more economically attractive • Shift reusable and recyclable waste away from
incineration by gradually phasing out subsidies to incineration or introducing an incineration tax
• Focus on the effectiveness of the separate collection obligation to increase recycling rates. Undertake future review of recent collection market reforms
Ireland 10
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity seabirds and wetland species of the North-east Atlantic
flyway. About 200 of these species are regular and for
The EU Biodiversity Strategy aims to halt the loss of which the conservation status has been assessed, of
biodiversity in the EU by 2020, restore ecosystems and
their services in so far as feasible, and step up efforts to which 34 are listed in Annex I, together with migratory species making a total of 80 species subject to SPA
avert global biodiversity loss. The EU Birds and Habitats designation.
Directives aim at achieving favourable conservation
status of protected species and habitats. By early 2016, 13.13% of the national land area of Ireland
SDG 14 requires countries to conserve and sustainably is covered by Natura 2000 (EU average 18.1%), with Birds use the oceans, seas and marine resources, while SDG 15 Directive SPAs covering 6.14% (EU average 12.3%) and requires countries to protect, restore and promote the Habitats Directive SCIs covering 10.19% (EU average sustainable use of terrestrial ecosystems, sustainably 13.8%). There are 594 Natura 2000 sites in Ireland manage forests, combat desertification, and halt and covering a total area of 19,455km².
reverse land degradation and halt biodiversity loss. Ireland was condemned by the EU court of justice for its
The 1992 EU Habitats Directive and the 1979 Birds failure to establish a complete list of SCIs under the
Directive are the cornerstone of the European legislation Habitats Directive 24 , although this is now considered aimed at the conservation of the EU's wildlife. Natura complete for the terrestrial environment 25 (see Figure 2000, the largest coordinated network of protected areas 5 26 ). in the world, is the key instrument to achieve and Figure 5: Sufficiency assessment of SCI networks in implement the Directives' objectives to ensure the long Ireland based on the situation until December 2013 term protection, conservation and survival of Europe's (%) 27
most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community
Importance (SCI)-SPA and SAC designation 23 both in land
and at sea, should be the key items to measure the performance of Member States.
Ireland is entirely located in the Atlantic Biogeographical
Region of the EU, with a marine territory several times larger than its terrestrial environment. Under the Habitats Directive it hosts 58 habitat types of Annex I, 14 of which are of priority status, including significant
24
proportions of the EU resource of blanket and raised Case C-67/99 - Commission v Ireland; ECLI:EU:C:2001:432 25
bogs, turloughs, machair. It also hosts 25 Annex II, 34 For each Member State, the Commission, with assistance from the European Environment Agency Topic Centre for Biological Diversity,
Annex IV and 19 Annex species, again including very assesses whether the species and habitat types on Annexes I and II of significant contributions to overall EU populations for the Habitats Directive, are sufficiently represented by the sites
taxa such as Freshwater Pearl Mussel and several designated to date. This is expressed as a percentage of species and
cetacean species. Ireland also hosts over 450 bird species habitats for which further areas need to be designated in order to complete the network in that country. The current data , which were
and is particularly important in the EU context for assessed in 2014-2015, reflect the situation up until December 2013.
26 The percentages in Figure 5 refer to percentages of the total number of assessments (one assessment covering 1 species or 1 habitat in a
23 Sites of Community Importance (SCIs) are designated pursuant to the given biographical region with the Member State); if a habitat type or
Habitats Directive whereas Special Areas of Protection (SPAs) are a species occurs in more than 1 Biogeographic region within a given designated pursuant to the Birds Directive; figures of coverage do Member State, there will be as many individual assessments as there not add up due to the fact that some SCIs and SPAs overlap. Special are Biogeographic regions with an occurrence of that species or Areas of Conservation (SACs) means a SCI designated by the Member habitat in this Member State.
States. 27 European Commission, internal assessment.
Ireland 11
assessments were favourable in 2013 (EU 27: 16 %). Furthermore, 50% are considered to be unfavourable–
inadequate 30 (EU27: 47%) and 41% are unfavourable –
bad (EU27: 30%). As for the species, 52% of the assessments were favourable in 2013 (EU 27: 23%) 20% at unfavourable-inadequate (EU27: 42%) and 10% unfavourable-bad status (EU27: 18%). This is depicted in
Figure 6 31 showing that the situation for protected
habitats is worse than for protected species, with species-rich grasslands, peatlands (particularly raised bogs) and other wetlands most obviously in bad status.
Figure 6: Conservation status of habitats and species in
Ireland in 2007/2013 (%) 32
Ireland was also condemned by the Court of Justice for failing to designate all the most suitable terrestrial territories as Special Protection Areas (SPAs) under the
Birds Directive 28 . Whereas this appears to be largely
addressed, not all SPAs have been formally subject to
Irish statutory regulations. The Commission has also launched an investigation in relation to the completeness of the Natura 2000 network for the marine environment. Significant gaps remain in the marine SPA network and the completeness of the SCI marine proposal remains to be determined.
Member States had 6 years to designate Sites of
Community Interest (SCIs) as Special Areas of
Conservation (SACs) and establish the necessary conservation measures for the sites. There is an ongoing legal procedure against Ireland for its failure to make
sufficient progress on this key objective. This concerns The status of aquatic species, including the Freshwater
Ireland's failure to designate the majority of 423 SCIs as Pearl Mussel, the Salmon and other fresh-water fish
SACs within the six year deadline established by Article species is bad. There are data gaps, particularly for
4(4) of the Habitats Directive; define sites specific marine species. With regard to bird species there are conservation objectives which underpin the particular concerns about the large scale decline of establishment of targeted conservation measures; and breeding waders, with the Curlew now at risk of put in place appropriate conservation measures, which extinction from Ireland as a breeding species.
correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II status of the habitats and species targeted by the Habitats Directive.
present on the sites. By mid-2015 Ireland had designated 30 Conservation status is assessed using a standard methodology as
no sites. There has been some recent progress and by being either ‘favourable’, ‘unfavourable-inadequate’ and ‘unfavourable-bad’, based on four parameters as defined in Article 1
end of May 2016 a total of 76 SACs had been designated of the Habitats Directive.
by Ireland. Furthermore, the majority of sites still have 31 Please note that a direct comparison between 2007 and 2013 data is
only general conservation objectives and targeted complicated by the fact that Bulgaria and Romania were not covered
conservation measures do not exist for many sites. by the 2007 reporting cycle, that the ‘unknown’ assessments have strongly diminished particularly for species, and that some reported
According to the latest report on the conservation status changes are not genuine as they result from improved data /
of habitats and species covered by the Habitats monitoring methods. 32 These figures show the percentage of biogeographical assessments in
Directive 29 , 9% of the habitats' biogeographic each category of conservation status for habitats and species (one
assessment covering 1 species or 1 habitat in a given biographical region with the Member State), respectively. The information is
28 Case C-418/04 - Commission v Ireland; ECLI:EU:C:2007:780 based on Article 17 of the Habitats Directive reporting - national
29 The core of the ‘Article 17’ report is the assessment of conservation summary of Ireland
Ireland 12
According to the official report under Article 12 of the Figure 7: Short-term population trend of breeding and
Birds Directive, 62% of the breeding species showed wintering bird species in Ireland in 2012 (%) 33
short-term increasing or stable population trends (37% for wintering species) as depicted in Figure 7.
A summary of the main reported threats to habitats and species shows that agriculture and natural system modifications represent the most significant threats. The main pressures on habitats are unsuitable grazing levels (undergrazing or overgrazing), pollution of freshwaters, drainage and cutting of peatlands and wetlands, invasive species and recreational pressures, including some building works.
Inadequate financial and human resources to support appropriate land management and conservation measures appears to be a major obstacle to achieve the objectives of the Nature Directives. Site specific farm development, avoiding the cutting of hedgerows as conservation/management Plans or equivalent well as burning in the uplands during the nesting season instruments for Natura 2000 sites are often lacking in of birds also need to be addressed. Ireland 34 . This could be improved by administrative
capacity building, which would also allow for stronger Suggested action
stakeholder engagement. There is also insufficient • Complete the Natura 2000 designation process and put communication and awareness in Ireland in relation to in place clearly defined conservation objectives and the Natura 2000 which is likely to have contributed to necessary conservation measures for the sites and misunderstanding and mistrust. According to the latest provide adequate resources for their implementation 2015 Eurobarometer 83% of people had never heard in order to maintain/restore species and habitats of about Natura 2000 and only 5% knew what it is, the community interest to a favourable conservation status fourth lowest rate of awareness in the Member States. across their natural range
There are excellent examples of conservation and land • Finalise the National Raised Bog SAC Management management in Ireland, most notably in the Burren Co. Plan, ensuring protection and restoration of raised and Clare, but this is not happening at a sufficient scale. blanket bog sites in consultation with affected
The Commission has received a series of complaints in stakeholders relation to compliance with the Nature Directive. The • Take practical steps to address the serious decline of most significant concern relates to the conservation of waders, especially the Curlew, both within Natura 2000 raised and blanket bogs, currently the subject of an sites and the wider countryside
infringement procedure. As turf cutting is normally incompatible with their protection the Irish government took a decision to ban turf cutting on protected SAC raised bogs in 2011. There has been progress in relation to compensating people affected by this decision but illegal activities have continued and Ireland is not yet fully in compliance, including in relation to taking the necessary action to restore raised bogs. Ireland also needs to finalise the draft National Peatlands Strategy and its draft National Raised Bog SAC Management Plan. It also needs to make much more progress on the management of blanket bogs, including in relation to assessing and ensuring the compatibility of turf cutting with the conservation of this habitat. Issues of
conservation in SPAs and the wider landscape, including Estimating Natural Capital
the decline of waders, particularly the Curlew, reconciling
the protection of the Hen Harrier with forestry and wind The EU Biodiversity Strategy to 2020 calls on the Member States to map and asses the state of ecosystems and
their services in their national territory by 2014, assess 33 Article 12 of the Birds Directive reporting - national summary of the economic value of such services, and promote the
34 Conservation plans only exist for a limited number of sites, and date integration of these values into accounting and reporting
from 2005 systems at EU and national level by 2020.
Ireland 13
A mapping and assessment exercise for an initial suite of sustainable development. The framework prioritises prioritised ecosystem services is due for completion in action on the development of an integrated approach to 2016. It will develop Irish indicators for potential green infrastructure into sectorial polices and the ecosystem services mapping, based on available national creation of green corridors to enhance biodiversity. data, using methodologies developed in the UK and the
EU. Soil protection
Natural Capital and Ecosystem Services is one of the The EU Soil Thematic Strategy highlights the need to themes under Ireland's EPA Sustainability Research pillar ensure a sustainable use of soils. This requires the for 2014 to 2020. The theme aims to support an prevention of further soil degradation and the embedding ecosystem approaches such as natural preservation of its functions, as well as the restoration of capital, ecosystem services 35 and green infrastructure degraded soils. The 2011 Road Map for Resourceinto policy and practice. Efficient Europe, part of Europe 2020 Strategy provides
that by 2020, EU policies take into account their direct
The Irish Forum on Natural Capital (IFNC) launched in and indirect impact on land use in the EU and globally,
2015 brings together range of stakeholders interested in and the rate of land take is on track with an aim to the development of the natural capital agenda in achieve no net land take by 2050.
Ireland 36 . SDG 15 requires countries to combat desertification,
Suggested action restore degraded land and soil, including land affected by
• Engage all administrative levels and continue support desertification, drought and floods, and strive to achieve for the mapping and assessment of ecosystem services, a land-degradation-neutral world by 2030.
their valuation and integration into natural capital Soil is an important resource for life and the economy. It
accounting systems. provides key ecosystem services including the provision
Green Infrastructure of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation,
The EU strategy on green infrastructure 37 promotes the the provision of raw and building material. Soil is a finite incorporation of green infrastructure into related plans and extremely fragile resource and increasingly and programmes to help overcome fragmentation of degrading in the EU. Land taken by urban development habitats and preserve or restore ecological connectivity, and infrastructure is highly unlikely to be reverted to its enhance ecosystem resilience and thereby ensure the natural state; it consumes mostly agricultural land and continued provision of ecosystem services. increases fragmentation of habitats. Soil protection is
Green Infrastructure provides ecological, economic and indirectly addressed in existing EU policies in areas such social benefits through natural solutions. It helps to as agriculture, water, waste, chemicals, and prevention understand the value of the benefits that nature provides of industrial pollution.
to human society and to mobilise investments to sustain Artificial land cover is used for settlements, production and enhance them. systems and infrastructure. It may itself be split between
The Irish Government has recently approved a draft built-up areas (buildings) and non-built-up areas (such as
National Landscape strategy 2014-2024. The Strategy will linear transport networks and associated areas). Figure 8 establish principles for protecting and enhancing the shows the different land cover types in Ireland in 2006.
landscape while positively managing its change. It will Figure 8 shows the different land cover types in Ireland in provide a high-level policy framework to achieve balance 2012.
between the management, planning and protection of
the landscape and ensure fragmentation is reduced. Figure 8: Land Cover types in Ireland 2012
38
In 2012, the Department of Environment, Community and Local Government developed a medium to long-term framework for advancing sustainable development and the green economy in Ireland entitled "Our Sustainable
Future". The framework aims to integrate sustainable development into key areas of policy, to put in place effective implementation mechanisms and to progress
35 Ecosystem services are benefits provided by nature such as food, clean water and pollination on which human society depends.
36 Irish Forum on Natural Capital , 2016
37 European Union, Green Infrastructure — Enhancing Europe’s Natural 38 European Environment Agency, Land cover 2006 and changes country
Capital, COM/2013/0249 analysis [publication forthcoming]
Ireland 14
Marine protection
The EU Coastal and Marine Policy and legislation require that by 2020 the impact of pressures on marine waters is reduced to achieve or maintain good environmental status and coastal zones are managed sustainably.
SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources for sustainable development.
The Marine Strategy Framework Directive (MSFD 42 ) aims to achieve Good Environmental Status (GES 43 ) of the EU's
marine waters by 2020 by providing an ecosystem approach to the management of human activities with impact on the marine environment. The Directive requires Member States to develop and implement a marine strategy for their marine waters, and cooperate with Member States sharing the same marine region or sub-region.
As part of their marine strategies, Member States had to make an initial assessment of their marine waters, determine GES and establish environmental targets by July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine
The annual land take rate (growth of artificial areas) as waters by July 2014. The next element of their marine provided by CORINE Land Cover was 0.24% in Ireland strategy is to establish a Programme of Measures (2016). over the period 2006-12, below the EU average (0.41%). The Commission assesses whether these elements It represented 416 hectares per year and was mainly constitute an appropriate framework to meet the
driven by housing, services and recreation 39 . requirements of the MSFD.
The percentage of built up land in 2009 was 1.67%, below All of Ireland’s marine waters fall within the North-East
the EU average (3.23%) 40 . Atlantic Ocean marine region and within the Celtic Seas
Up to 2008, IE had one of the highest levels of marine sub-region. Ireland is party to the Convention for construction activity in the EU but, with the economic the protection of the marine environment of the Northcrisis, this ended quite dramatically. The following land East Atlantic (OSPAR Convention). Potential risks to the use pressures are still significant: often poorly planned biodiversity in the Celtic Seas arise from fishing (e.g. sprawling urban expansion; leisure and aquaculture overfishing, bottom trawling, and fish farming developments along the coast; forestry programme (estuaries))
44 .
largely based on exotic conifers; intensive agriculture; In its implementation of the Marine Strategy Framework peat extraction. Spatial planning and landscape Directive, Ireland has set 'Good Environmental Status' for protection are improving. all descriptors. However, these have often been assessed
The soil erosion rate in 2010 was 0.96 tonnes per ha per as partially adequate by the Commission as not all of
year, well below EU28 average (2.46 tonnes) 41 . them are sufficiently clearly defined, and are often general, qualitative and high-level. On the positive side,
There are still not EU-wide datasets enabling the Ireland has systematically used existing EU requirements provision of benchmark indicators for soil organic matter and standards and places a strong emphasis on the work decline, contaminated sites, pressures on soil biology and done by the Regional Sea Convention for the Northdiffuse
pollution. An updated inventory and assessment of soil protection policy instruments in Ireland and other
EU Member States is being performed by the EU Expert
Group on Soil Protection.
42 European Union, Marine Strategy Framework Directive 2008/56/EC 39 European Environment Agency Draft results of CORINE Land Cover 43 The MSFD defines Good Environmental Status (GES) in Article 3 as:
(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 “The environmental status of marine waters where these provide artificial land. ecologically diverse and dynamic oceans and seas which are clean,
40 European Environment Agency, 2016. Imperviousness and healthy and productive” imperviousness change 44 European Environmental Agency, 2016. The North East Atlantic
41 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016 Ocean , p. 121
Ireland 15
Eastern Atlantic, OSPAR 45 .
It is therefore not possible yet to say whether Irish waters are in good status as there were weaknesses in identifying what Good Environmental Status is in the first place
Ireland established a monitoring programme of its marine waters in 2014. However is seems that its monitoring programme for all descriptors, except eutrophication and seafood contamination, needs further refinement and development to constitute an appropriate framework to monitor progress towards GES, especially since the monitoring programme will not be in place for most descriptors before 2018 and sometimes
even 2020 46 .
Irish marine protected areas covered 6817.8 square
kilometres of its marine waters in the Celtic Sea 47 .
In its reports on the implementation of the MSFD 48 , the
Commission provided guidance to assist Ireland in its implementation of the Marine Strategy Framework
Directive.
Suggested action
• Continue work to improve the definitions of GES in particular for biodiversity descriptors, including through regional cooperation by using the work of the relevant Regional Sea Convention
• Address knowledge gaps
• Further develop approaches assessing (and quantifying) impacts from the main pressures in order
to lead to improved and more conclusive assessment results for 2018 reporting
• Continue to integrate existing monitoring programmes required under other EU legislation and to implement joint monitoring programmes developed at (sub)regional level
• Enhance comparability and consistency of monitoring methods within the country's marine region.
• Ensure that its monitoring programme is implemented without delay and is appropriate to monitor progress towards its GES
45 Report from the Commission "The first phase of implementation of
the Marine Strategy Framework Directive (2008/56/EC) - The European Commission's assessment and guidance")
46 Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
47 2012 Data provided by the European Environmental Agency the
European Commission – Not published 48 Report from the Commission to the Council and the European
Parliament "The first phase of implementation of the Marine Strategy Framework Directive (2008/56/EC) The European Commission's assessment and guidance" COM(2014)097 i and Commission Staff Working Document Accompanying the Commission Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
Ireland 16
-
3.Ensuring citizens' health and quality of life
Air quality recorded for ammonia emissions. Although significant
The EU Clean Air Policy and legislation require that air emission reductions have been recorded also for nitrogen oxides 52 (-43%) and volatile organic compounds (-36%),
quality in the Union is significantly improved, moving these are still an insufficient effort to comply with the
closer to the WHO recommended levels. Air pollution
and its impacts on ecosystems and biodiversity should be current ceilings, surpassing these by 18% and 58%, respectively. It should be noted that the exceedance of
further reduced with the long-term aim of not exceeding the nitrogen oxides emission ceiling is partly due to the
critical loads and levels. This requires strengthening
efforts to reach full compliance with Union air quality lack of efficiency of the Euro standards for diesel vehicles while the exceedance of the volatile organic compounds
legislation and defining strategic targets and actions ceiling is largely the result from the recent addition of beyond 2020. volatile organic compounds emissions from agriculture to
The EU has developed a comprehensive suite of air the emission inventories which were not yet estimated or quality legislation 49 , which establishes health-based considered at the time the current ceilings were set.
standards and objectives for a number of air pollutants.
As part of this, Member States are also required to Air quality in Ireland is reported to be generally good,
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
ensure that up-to-date information on ambient with exceptions. For the year 2013, the European concentrations of different air pollutants is routinely Environment Agency estimated that about 1 520 made available to the public. In addition, the National premature deaths were attributable to fine particulate
Emission Ceilings Directive provides for emission matter 53 concentrations, 30 to nitrogen 54 dioxide
reductions at national level that should be achieved for
main pollutants. Directive (EU) 2016/2284 on the reduction of national emissions of
Emissions of hazardous substances to the air have certain atmospheric pollutants, amending Directive 2003/35/EC i and
decreased in Ireland 50 . Reductions between 1990 and repealing Directive 2001/81/EC i. 52
2014 for sulphur oxides (-89%) ensure air emissions for NOx is emitted during fuel combustion e.g. from industrial facilities and the road transport sector. NOx is a group of gases comprising
these pollutants are within the currently applicable nitrogen monoxide (NO) and nitrogen dioxide (NO2).
national emission ceilings 51 . No reduction has been 53 Particulate matter (PM) is a mixture of aerosol particles (solid and
liquid) covering a wide range of sizes and chemical compositions. PM10 (PM2.5) refers to particles with a diameter of 10 (2.5)
49 European Commission, 2016. Air Quality Standards micrometres or less. PM is emitted from many anthropogenic
50 See EIONET Central Data Repository and Air pollutant emissions data sources, including combustion viewer (NEC Directive) 54 NOx is emitted during fuel combustion e.g. from industrial facilities
51 The current national emission ceilings apply since 2010 ( Directive and the road transport sector. NOx is a group of gases comprising
2001/81/EC ); revised ceilings for 2020 and 2030 have been set by nitrogen monoxide (NO) and nitrogen dioxide (NO2).
Ireland 17
concentrations and 50 to ozone 55 concentrations 56 . that information on environmental noise and its effects is
For 2014, no exceedances above the EU air quality made available to the public, and adopting action plans standards have been reported 57 . This is reflected in with a view to preventing and reducing environmental Figure 9, which shows that annual mean concentration noise where necessary and to preserving the acoustic values for PM environment quality where it is good. 10 , NO 2 and ozone were below EU target
values 58 . Irish authorities have fulfilled all their obligations with
It has been estimated that the health-related external regards to the Environmental Noise Directive
63 for the
costs from air pollution in Ireland are above EUR 2 current reporting period.
billion/year (income adjusted, 2010), which include not Water quality and management
only the intrinsic value of living a full health life but also
direct costs to the economy. These direct economic costs The EU water policy and legislation require that the relate to 382 thousand workdays lost each year due to impact of pressures on transitional, coastal and fresh sickness related to air pollution, with associated costs for waters (including surface and ground waters) is employers of EUR 65 million/year (income adjusted, significantly reduced to achieve, maintain or enhance 2010), for healthcare of above EUR 5 million/year good status of water bodies, as defined by the Water (income adjusted, 2010), and for agriculture (crop losses) Framework Directive; that citizens throughout the Union
of EUR 30 million/year (2010) 59 . benefit from high standards for safe drinking and bathing water; and that the nutrient cycle (nitrogen and
Suggested action phosphorus) is managed in a more sustainable and
• Reduce NMVOCs emissions to comply with currently resource-efficient way.
applicable national emission ceilings 60 . SDG 6 encourages countries to ensure availability and
• Reduce nitrogen oxide (NO x ) emissions to comply with sustainable management of water and sanitation for all.
currently applicable national emission ceilings 61 and/or The main overall objective of EU water policy and
to reduce nitrogen dioxide (NO 2 ) (and ozone legislation is to ensure access to good quality water in concentrations), inter alia, by reducing transport sufficient quantity for all Europeans. The EU water related emissions - in particular in urban areas. acquis 64 seeks to ensure good status of all water bodies
across Europe by addressing pollution sources (from e.g.
Noise agriculture, urban areas and industrial activities), physical
The Environmental Noise Directive provides for a and hydrological modifications to water bodies) and the common approach for the avoidance, prevention and management of risks of flooding.
reduction of harmful effects due to exposure to River Basin Management Plans (RBMPs) are a environmental noise. requirement of the Water Framework Directive and a
Excessive noise is one of the main causes of health means of achieving the protection, improvement and issues 62 . To alleviate this, the EU acquis sets out several sustainable use of the water environment across Europe. requirements, including assessing the exposure to This includes surface freshwaters such as lakes and rivers,
environmental noise through noise mapping, ensuring groundwater, estuaries and coastal waters up to one nautical mile.
In its first generation of RBMPs under the WFD Ireland
55 Low level ozone is produced by photochemical action on pollution
and it is also a greenhouse gas. reported the status of 4565 rivers, 807 lakes, 190
56 European Environment Agency, 2016 Air Quality in Europe – 2016 transitional, 111 coastal and 756 groundwater bodies.
Report (Table 10.2, please see details in this report as regards the 54% of natural surface water bodies achieve a good or
underpinning methodology) high ecological status 65 and only 39% of heavily modified
57 See The EEA/Eionet Air Quality Portal and the related Central Data
Repository
58 Based on European Environment Agency, 2016. Air Quality in Europe
63 The Noise Directive requires Member States to prepare and publish, – 2016 Report . (Figures 4.1, 5.1 and 6.1)
59 every 5 years, noise maps and noise management action plans for These figures are based on the Impact Assessment for the European
agglomerations with more than 100,000 inhabitants, and for major Commission Integrated Clean Air Package (2013)
60 roads, railways and airports. Under the provisions of the revised National Emission Ceilings 64
This includes the Bathing Waters Directive (2006/7/EC); the Urban
Directive, Member States now may apply for emission inventory Waste Water Treatment Directive (91/271/EEC) concerning adjustments. Pending evaluation of any adjustment application, discharges of municipal and some industrial waste waters; the Member States should keep emissions under close control with a Drinking Water Directive (98/83/EC) concerning potable water
view to further reductions.
61 quality; the Water Framework Directive (2000/60/EC) concerning Ibid. water resources management; the Nitrates Directive (91/676/EEC)
62 WHO/JRC, 2011, Burden of disease from environmental noise, and the Floods Directive (2007/60/EC)
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 65 Good ecological status is defined in the Water Framework Directive
World Health Organization, Regional Office for Europe , Copenhagen, referring to the quality of the biological community, the hydrological Denmark characteristics and the chemical characteristics.
Ireland 18
or artificial water bodies 66 achieve a good or high been significantly delayed. A draft second cycle RBMP
ecological potential. Only 28% of surface water bodies consultation, led by the Local Authorities at regional
(70% unknown), 4% of heavily modified and artificial level, is now underway and will be completed by June water bodies (85% unknown) and 85% of groundwater 2017.
bodies achieve good chemical status 67 . Almost 100% of
groundwater bodies are in good quantitative status 68 . Figure 10 shows that in 2015, in Ireland out of 137 bathing waters, 73.7 % were of excellent quality, 9.5 % of
A number of pressures affect water bodies in Ireland – in good quality and 10.2 % of sufficient quality. 6 bathing the case of surface waters 56% are affected by diffuse waters were of poor quality or non-compliant while it
source of pollution 69 49% by point sources of pollution, was not possible to assess the remaining 3 bathing
24% by river management, 9% by abstraction and 8% by waters 71 .
flow regulation and morphological changes. There are
significant regional differences and in some river basin Figure 10: Bathing water quality 2012 – 2015
72
districts these pressures affect much higher proportion of water bodies, e.g. diffuse sources affect 92% and 84% of surface water bodies in the Eastern and South Eastern river basin districts respectively. Also point sources of pollution affect 92% and 82% in these districts. In the
Eastern district river management, flow regulation and morphological alterations with 90% of water bodies affected and water abstraction with 50% of water bodies affected are also significant pressures.
The IE RBMPs 70 have a number of deficiencies that result
in uncertainties about the status, pressures and effectiveness of Programmes of Measures. Ireland applied a high number of exemptions without transparent justification. The planned measures are expected to result in improvement of the ecological status of natural water bodies by 14% and the ecological potential of artificial and heavily modified bodies by 38%.
The chemical status should improve by 13% for As regards drinking water, Ireland reaches very high
groundwater and 8% for artificial and heavily modified compliance rates of 99-100 % for microbiological, chemical and indicator parameters laid down in the
bodies but only slightly for natural water bodies. Nitrate
levels from agricultural sources have been decreasing in Drinking Water Directive
73 . However, the Commission is
the 2008-2011 period, with absence of monitoring points aware of sporadic non-compliance with certain parameters (e.g. trialomethanes) in some water supply
exceeding 50 mg/l nitrates in groundwater. However zones. The Commission is currently following-up on those
agriculture remains a significant pressure and some
intensification of the agricultural sector is planned issues.
(according to the agricultural sectoral roadmap "Food There are substantial implementation issues in Ireland harvest 2020"). For instance, milk yields are planned to when it comes to the Urban Waste Water Treatment be increased by 50% to 2020. This envisaged expansion Directive. In 2012, Ireland reported 170 agglomerations will represent an additional challenge, especially in with an overall generated load of 5,164,016 population agriculturally intensive regions. The situation in Ireland as equivalent (p.e.). However, in 47 of these, secondary to pricing of water for domestic use is also not clear. treatment is not ensured meaning that untreated waste
The adoption of the second generation of IE RBMPs has water is directly discharged. Regarding more stringent treatment, and the Commission recorded in its report
that only 0.7% of the waste water load with more
66 Many European river basins and waters have been altered by human stringent obligation is subject to such treatment (in
activities, such as land drainage, flood protection, and, building of
dams to create reservoirs. accordance with Article 5 of the Urban Waste Water
67 Good chemical status is defined in the Water Framework Directive Treatment Directive). Following completion of that
referring to compliance with all the quality standards established for chemical substances at European level.
68 For groundwater, a precautionary approach has been taken that 71 European Environment Agency, 2016. European bathing water quality
comprises a prohibition on direct discharges to groundwater, and a in 2015, p. 26 requirement to monitor groundwater bodies. 72 European Environment Agency, State of bathing water , 2016
69 Diffuse pollution comes from widespread activities with no one 73 Commission's Synthesis Report on the Quality of Drinking Water in
discrete source, e.g. acid rain, pesticides, urban run-off, etc. the Union examining Member States' reports for the 2011-2013 70 Information contained in this report is based on an assessment of the period , foreseen under Article 13(5) of Directive 98/83/EC i;
1st RBMP, finalised in 2009. COM(2016)666 i
Ireland 19
compliance assessment Ireland reported that compliance Dublin area – one of the factors behind a move towards had been under-estimated in that report due to some domestic water pricing. errors in the designation of sensitive zones (sensitive to
phosphorus and/or nitrogen). Ireland reported that The Commission initiated the infringement on fifteen agglomerations, instead of one (amounting to compliance with the Water Framework Directive against 0.7%), should have been considered compliant. The next Ireland in 2007. Within the framework of this case, the reporting exercise should give Ireland an opportunity to Commission is examining Ireland's compliance with a rectify this reporting and designation issues. In any case, number of key provisions of the Directive, including in Ireland demonstrates low compliance rates with the particular the definition of water services, water pricing Urban Waste Treatment Directive and the Commission is and controls over the abstraction of fresh surface water following-up on the non-compliances. The Commission and groundwater and the impoundment of fresh surface has an ongoing infringement relating to Ireland's failure water.
to fully comply with the Directive. The investment needs Further to the EU/IMF memorandum of understanding, a to reach full compliance with the Directive have been national water utility (Irish Water) was created and took estimated by Ireland (under Article 17 of the Urban over the water sector in Ireland as of 1 January 2014. It Waste Water Treatment Directive) to be of replaces the former 34 water utilities and has established
EUR 443 million 74 . a strategic plan to solve, inter alia, the issues linked to
Figure 11 below shows the total generated load at the implementation of the Drinking Water Directive and
Member State level (in population equivalent and the Urban Waste Water Treatment Directive. Water regardless of agglomerations) and the load that remains charges were introduced in 2013 and extended to
to be addressed by Ireland. domestic users in 2014. However, the charges were capped and the new Government has promised to
Figure 11: Urban waste water Irish situation 2012 – Final suspend them.
deadline 2005 75 The proposed Capital Investment Plan (CIP) 2014-2016
requires EUR 1.77 billion to meet the objectives identified by Irish Water and previous programmes of the Department of the Environment, Community and Local Government (DECLG). However, it is expected that much more investments in infrastructure will be needed after 2016 to become compliant with the Water Framework Directive, the Drinking Water Directive and the Urban Waste Water Treatment Directives.
According to Irish Water's own estimates, EUR 5.5 billion needs to be invested in the period 2014 to 2021 to bring water services in Ireland up to an "acceptable" level. Irish Water estimates that EUR 13 billion is needed overall to be able to ensure a "good" infrastructure and service
concerned standard. It is vital that these investments are
3,576,500 p.e. maintained.
The estimated investment needs (reported by Ireland under Article 17 of the Urban Waste Water Treatment Directive) to reach full compliance with the Directive are
of EUR 443 million 76 .
In 2012 IE introduced a system of registration of Flood risk areas have already been identified and
individual waste water treatment systems (septic tanks) mapped in Ireland 77 . Ireland is hit regularly by flooding
in the countryside with a view to their better control incidents with serious economic damage costs. Records
(implementation of judgment C-188/08). Water scarcity of flooding from rivers are the most common in Ireland.
is emerging as an issue in the heavily urbanised greater
76 Eighth Report on the Implementation Status and the Programmes for 74 Eighth Report on the Implementation Status and the Programmes for Implementation (as required by Article 17) of C ouncil Directive
Implementation (as required by Article 17) of Council Directive 91/271/EEC concerning urban waste water treatment (COM 91/271/EEC concerning urban waste water treatment (COM (2016)105 final i) and Commission Staff Working Document (2016)105 final) and Commission Staff Working Document accompanying the report (SWD(2016)45 final)
accompanying the report (SWD(2016)45 final) 77 European Commission, 2015. The Water Framework Directive and the 75 European Commission, 2016 . Urban waste water, 8th implementation Floods Directive: Actions towards the 'good status' of EU water and
reports to reduce flood risks , page 55
Ireland 20
Between 2002 and 2013, for the 16 floods recorded the The European Commission will launch a new EU
total direct costs were EUR 1500 million. The average benchmark system in 2017 81 .
cost per flood was EUR 92 million. The EU stimulates green cities through awards and
A national flood hazard mapping website was launched in funding, such as the EU Green Capital Award aimed at
2006. A close cooperation between Ireland and the UK do cities with more than 100,000 inhabitants and the EU exist to share information on cross boarder flood risk Green Leaf initiative aimed at cities and towns, with management. between 20,000 and 100,000 inhabitants.
Suggested action
• Improve monitoring and status assessment with regard to the RBMP 78 .
• Base the Programme of Measures with regard to the
RBMP on reliable status assessment and address all the relevant pressures and implementation gaps. Measures should be properly financed and the water pricing policy for domestic consumption clarified.
• Ensure that the registered improvement of water quality as regards nitrate pollution is not undermined by the planned agricultural expansion, through a full implementation of the nitrate action programme and any strengthened measures if necessary.
• Ensure compliance with the Urban Waste Water
Treatment Directive by ending direct discharges and ensuring that waste water is collected and appropriately treated throughout the country.
Enhancing the sustainability of cities
The EU Policy on the urban environment encourages cities to implement policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity conservation.
SDG11 aims at making cities and human settlements inclusive, safe, resilient and sustainable.
Europe is a Union of cities and towns; around 75% of the For the 2014-2020 EU-funding period Ireland set up
EU population are living in urban areas. 79 The urban Designated Urban Centres Grants Scheme
82 . Funding
environment poses particular challenges for the under the Scheme will enable project investments in Irish environment and human health, whilst also providing urban centres of EUR 127 million of which EUR 40 million
opportunities and efficiency gains in the use of resources. will be funded from the European Regional Development Fund (ERDF) with matching funding from the relevant
The Member States, European institutions, cities and local authorities. The scheme seeks specifically to stakeholders have prepared a new Urban Agenda for the improve the urban environment and revitalise urban EU (incorporating the Smart Cities initiative) to tackle areas. Projects in designated urban centres have to fit these issues in a comprehensive way, including their with integrated strategies to tackle the social, economic, connections with social and economic challenges. At the environmental, climate and demographic challenges. heart of this Urban Agenda will be the development of twelve partnerships on the identified urban challenges, 81 The Commission is developing an Urban Benchmarking and
including air quality and housing 80 . Monitoring ('UBaM') tool to be launched in 2017. Best practices
emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR, Committee of the Regions, Covenant of Mayors and others.
78 Information on the implementation status and more specific 82 Department of the Environment, Community and Local Government, recommendations: Water Framework Directive Implementation 2016. Announcement of ERDF grant assistance to local authority
Reports capital works under the Designated Urban Centres Grants Scheme 79 European Environment Agency, Urban environment 2014-2020
80 http://urbanagendaforthe.eu/
Ireland 21
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.
International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements
(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.
Currently, Ireland has signed but not yet ratified three agreements under the Convention on Long-range
Transboundary Air Pollution: the Gothenburg Protocol to
Abate Acidification, Eutrophication and Ground-level
Ozone, the Persistent Organic Pollutions Protocol and the
Heavy Metals Protocol. The same applies to the Protocol on Strategic Environmental Assessment to the Espoo
Convention and the Nagoya Protocol 83 . Ireland has
neither signed nor ratified the Helsinki Convention on
Industrial Accidents and the Helsinki Convention on
Watercourses and Lakes.
Suggested action
• Increase efforts to be party to relevant multilateral environmental agreements, by signing and ratifying the remaining agreements.
83 Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.
Ireland 22
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful could be as much as EUR 0.96 billion in 2018, rising to
subsidies EUR 2.15 billion in 2030 (both in real 2015 terms). This is equivalent to an additional 0.43% and 0.64% of GDP in
The Circular Economy Action Plan encourages the use of 2018 and 2030, respectively.
financial incentives and economic instruments, such as
taxation to ensure that product prices better reflect Figure 12: Environmental tax revenues as a share of total environmental costs. The phasing out of environmentally revenues from taxes and social contributions (excluding harmful subsidies is monitored in the context of the imputed social contributions) in 2014
88
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
The revenue derived from environmental taxes in Ireland, expressed as a percentage share of the country’s GDP, was in 2014 with 2.43% slightly below the EU28 average
(2.45%) 84 , having fluctuated over the past years, but is
currently similar to the share seen in 2004 (2.45%).
Revenues from energy taxes, as a proportion of GDP, were below the EU28 average of 1.88%, but the percentage share derived from transport (excluding fuel) taxes was well above the European average of 0.49%
GDP. In terms of the percentage share of GDP coming from environmental taxation, Ireland ranked 16th in the
EU28 in 2014. In the same year environmental tax revenues accounted for 8.17% of total revenues from
taxes and social-security contributions 85 (EU28 average:
6.35%).
The role of environmentally related fiscal measures in government budgets has been strengthened over the last five years. In line with the National Climate Change
Strategy 2007-12, the rates for calculating the VRT and the motor tax were increased and revised in 2008 to reflect CO2 emissions, and have since been linked to a new mandatory labelling system.
A 2016 study shows for Ireland that there is considerable The largest potential source of revenue comes from the potential for shifting taxes from labour to environmental suggested increase in vehicle taxes. This accounts for taxes 86 . Under a good practice scenario 87 , the amount EUR 1.13 billion in 2030 (real 2015 terms), equivalent to
0.34% of GDP. The next largest contribution to revenue comes from the proposed amendments to the taxes on
84 Eurostat, Environmental tax revenues , accessed June 2016 transport fuels. This accounts for EUR 0.36 billion in 2030
85 Excluding imputed social contributions (real 2015 terms), equivalent to 0.11% of GDP.
86 Eunomia Research and Consulting, IEEP, Aarhus University, ENT,
2016. Study on Assessing the Environmental Fiscal Reform Potential A Government-appointed Commission on Taxation
for the EU28 N.B. National governments are responsible for setting tax rates within the EU Single Market rules and this report is not
suggesting concrete changes as to the level of environmental respect, already done by a number of Member States, is to set up taxation. It merely presents the findings of the 2016 study by expert groups to assess these and make specific proposals.
Eunomia et al on the potential benefits various environmental taxes 87 The good practice scenario means benchmarking to a successful
could bring. It is then for the national authorities to assess this study taxation practice in another Member State.
and their concrete impacts in the national context. A first step in this 88 Eurostat, Environmental tax revenues , accessed October 2016
Ireland 23
reviewed, in 2009, the structure and efficiency of the For the following products specific criteria 92 are
Irish taxation system, including fiscal measures to protect recommended: construction, transport, energy, food and the environment. The Commission recommended that a catering, textiles, cleaning products, paper and IT tax on the CO2 content of energy products for non-ETS equipment. sectors be introduced (excluding agriculture) and that
efforts be made to strengthen local government There is no information available regarding the uptake of financing through property taxes and waste and water GPP.
charges. The report stated that these environmental Investments: the contribution of EU funds
fiscal measures were important tools for pursuing
Ireland’s green economy goals. The CO2 tax was European Structural and Investment Funds Regulations subsequently introduced and has gradually been provide that Member States promote environment and extended, whilst property taxes are also slowly being climate objectives in their funding strategies and
phased in. programmes for economic, social and territorial cohesion, rural development and maritime policy, and
The existing reduction of motor tax for commercial reinforce the capacity of implementing bodies to deliver vehicles over 4000kg could have detrimental cost-effective and sustainable investments in these areas.
environmental effects. Peat uses for electricity
generation is exempt from the carbon tax, but the Making good use of the European Structural and extraction remains subsidises. Reduced value-added tax Investment Funds (ESIF)
93 is essential to achieve the
rates on energy products (at 13.5%) also conflict with environmental goals and integrate these into other policy overall energy and climate policy objectives as the decree areas. Other instruments such as the Horizon 2020, the the incentive to reduce energy consumption or improve LIFE programme and the EFSI may also support energy efficiency. implementation and spread of best practice.
Green Public Procurement The total contribution to Ireland across ESIF for the 2014- 2020 period amounts to over EUR 3.4 billion (see Figure
The EU green public procurement policies encourage 13). In 2014-2020 Ireland is allocated around EUR 1.19
Member States to take further steps to reach the target billion for Cohesion Policy (European Regional of applying green procurement criteria to at least 50% of Development Fund (ERDF) EUR 409.2 million (12.2 %) and public tenders. European Social Fund (ESF) EUR 542.4 million (16.2 %)) Green Public Procurement (GPP) is a process whereby including EUR 68.1 million for the Youth Employment public authorities seek to procure goods, services and Initiative and EUR 168.9 million for European territorial works with a reduced environmental impact throughout cooperation. An additional EUR 2.19 billion (65.2 %) will their life-cycle when compared to goods, services and be devoted to development of the agricultural sector and works with the same primary function that would rural areas from the European Agricultural Fund for Rural otherwise be procured. Development (EAFRD). The allocation from the European
Maritime and Fisheries Fund (EMFF) amount to
The purchasing power of public procurement equals to EUR 147.6 million (4.4 %).
approximately 14% of GDP 89 . A substantial part of this
money is spent on sectors with high environmental Concentration of funds on a limited number of strategic impact such as construction or transport, so GPP can help priorities is one of the main principles of the reformed to significantly lower the impact of public spending and cohesion policy. More than 20% of the ERDF allocation foster sustainable innovative businesses. The will make a contribution to climate change mitigation and Commission has proposed EU GPP criteria 90 . adoption measures. At least 5% of the ERDF allocation
will be invested in sustainable urban development
The National Action Plan – ‘ Green Tenders ’ was published actions implemented in Ireland. More than 80% of the by the Department of the Environment in January 2012 EAFRD allocation is dedicated to environment and and constitutes the lead role in “greening” procurement climate related actions.
across the Irish public sector. The aim is that GPP is used
for 50% of procurement by value or 50% by volume 91 .
92 In the Communication “Public procurement for a better
environment” (COM (2008) 400 i) the Commission recommended the
89 European Commission, 2015. Public procurement creation of a process for setting common GPP criteria. The basic
90 In the Communication “Public procurement for a better environment” concept of GPP relies on having clear, verifiable, justifiable and
(COM /2008/400) the Commission recommended the creation of a ambitious environmental criteria for products and services, based on process for setting common GPP criteria. The basic concept of GPP a life-cycle approach and scientific evidence base.
relies on having clear, verifiable, justifiable and ambitious 93 ESIF comprises five funds – the European Regional Development
environmental criteria for products and services, based on a life-cycle Funds (ERDF), the Cohesion Fund (CF), the European Social Fund approach and scientific evidence base. (ESF), the European Agricultural Fund for Rural Development
91 European Commission (October 2015), Documentation on National (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The
GPP Action Plans ERDF, the CF and the ESF together form the Cohesion Policy funds.
Ireland 24
In total, EUR 921.2 million is dedicated to the Thematic Figure 13: European Structural & Investment Funds 2014-
objective 6 (TO6) Environment Protection and Resource 2020: Budget Ireland by theme, EUR billion 94 efficiency, EUR 784.6 million through the different EAFRD programmes, EUR 37.0 m through the ERDF programmes and EUR 99.6 million through the EMFF programme. In addition, EUR 311.4 million is foreseen for TO4 Low
Carbon Economy and EUR 784.6 million for TO5 Climate
Change Adoption and Risk Prevention.
The two ERDF regional OPs for Ireland (Southern &
Eastern and Border, Midland and Western) have a strategic focus on the development of commercial research excellence and innovation capacity with active company engagement (1/3 of the overall allocation). Due to the new ERDF strategy and fund size for Ireland, investments related to environment focus on measures on sustainable integrated urban development to which the ERDF contribution within the two regional OPs is
EUR 40 million. Under this theme, local authorities for the designated growth centres in the regions were invited to submit projects which fit with their integrated strategies to tackle social, economic, environmental, climate and demographic challenges affecting the urban centres. Sustainable urban development aims at With regard to the integration of environmental concerns improving the urban environment, reducing air pollution, into the Common Agricultural Policy (CAP), the two key promoting noise reduction and sustainable multi-modal areas for Ireland (as for all Member States) are, first, urban mobility measures. using Rural Development funds to pay for environmental
The Rural Development Program of Ireland, its EAFRD land management and other environmental measures, part, amounts to EUR 2190.6 million in its approved while avoiding financing measures which could damage version (also after the negotiated 1st modification). The the environment; and secondly, ensuring an effective budget for agri-environmental-climate measures implementation of the first pillar of the CAP with regard
represents 42% of the total EAFRD budget for Ireland. to cross compliance and 1st pillar 'greening'. 30 % of direct payment envelope (out of total EUR 6.062.920.000
The agri-environmental measure offers targeted support for 2015-2020) is allocated to greening practices for Natura 2000 sites hosting some priority bird species, beneficial for the environment. An environmentally other protected bird species. As well it aims to support ambitious implementation of 1st pillar greening would via commonage sub-measure common land and provide clearly help to improve the environmental situation in proper management for these extensively managed areas not covered by rural development, including areas, including such those which are not eligible for intensive area, and if appropriate Ireland could review its Pillar I of the CAP. This is a good example which MS could implementation of this. follow, if the EC and MS are to show that the CAP is
promoting and supporting extensive and high nature For the year 2015 Ireland made it possible to use 11 value practices (as insisted in the EP Resolution on the elements laid down by the regulation as EFA (out of mid-term review of the EU BS 2020). Support is possible 19 elements). For the catch crops/green cover IE channelled also to the intensive arable farmers with requests EFA to stay in place till the 1/12 and therefore
simpler schemes to improve the farming practice. not protecting the soil during winter rainy season. For the short rotation coppice, fertilisers are not allowed and
Commitment of IE is to include in the RDP locally-led pesticides are allowed with exception of 2 years (for environmental schemes, including Burren scheme which still derogation can be given). 2% of Natura 2000 (previous LIFE), and on restoration of peatlands on grasslands were designated as environmentally sensitive, agricultural land. This is undergoing preparation 0 ha designated outside Natura 2000, which is, after currently. Portugal and Estonia (1%), the lowest relative number
Figure 13 depicts the 2014-2020 EU Structural and and represents a lost opportunity for strengthening the
Investment Funds budget allocation for Ireland. contribution of the CAP to protect high natural values.
94 European Commission , European Structural and Investment Funds
Ireland 25
It is too early to draw any meaningful conclusions as regards the use and results of ESIF funds for the period
2014-2020, as the relevant programmes are still in an early stage of their implementation. The current data suggest that the EU funds for the period 2007-2013 were
almost spent 95 .
In addition one Irish project, the Water utility schemes, is under assessment for financing under the European Fund for Strategic Investments (EFSI).
95 Final data for the period 2007-2013 will only be available at the end of 2017.
Ireland 26
-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building have the necessary capacities and skills and training to effective, accountable and inclusive institutions at all carry out their own tasks and co-operate and co-ordinate levels. SDG 17 aims at better implementation, improving effectively with each other, within a system of multi-level policy coordination and policy coherence, stimulating governance. science, technology and innovation, establishing
partnerships and developing measurements of progress. The 2013 European Quality of Government Index puts Ireland in place 10 out of the 28 Member States 97 .
Effective governance of EU environmental legislation and
policies requires having an appropriate institutional Much responsibility for compliance and enforcement lies framework, policy coherence and coordination, applying with approximately 30 small local authorities. The legal and non-legal instruments, engaging with non Environmental Protection Agency (EPA) is responsible for governmental stakeholders, and having adequate levels licensing and controlling major industrial and waste of knowledge and skills 96 . Successful implementation facilities and for co-ordinating environmental monitoring. depends, to a large extent, on central, regional and local Since 2003, the EPA includes an Office of Environmental government fulfilling key legislative and administrative Enforcemen
98 t, responsible for pushing local authorities
tasks, notably adoption of sound implementing to, inter alia, better enforce waste rules. Since 2014, Irish legislation, co-ordinated action to meet environmental Water has full responsibility over water services objectives and correct decision-making on matters such (drinking, waste water) in the country (before 34 local as industrial permits. Beyond fulfilment of these tasks, authorities).
government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the
Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account
experiences at Member State level with putting EU The transposition of the revised EIA Directive
99
will be an
commitments into effect. The Make it Work initiative, a opportunity to streamline the regulatory framework on Member State driven project, established in 2014, environmental assessments. The Commission encourages organizes a discussion on how the clarity, coherence and the streamlining of the environmental assessments structure of EU environmental legislation can be because this approach reduces duplication and avoids
improved without lowering existing protection standards. unnecessary overlaps in environmental assessments applicable for a particular project. Moreover,
Effective governance within central, regional streamlining helps reducing unnecessary administrative and local government burden and accelerates decision-making, without
compromising the quality of the environmental
Those involved in implementing environment legislation assessment procedure. The Commission has issued a at Union, national, regional and local levels need to be guidance document in 2016 100 regarding the setting up of equipped with the knowledge, tools and capacity to coordinated and/or joint procedures that are
improve the delivery of benefits from that legislation, and
the governance of the enforcement process. 97 European Quality of Government Index , 2016.
98 The Irish authorities informed the Commission that, in 2015, three
Capacity to implement rules waste Enforcement Regional Lead Authorities (WERLAs) were announced, which are tasked with driving further performance
It is crucial that central, regional and local administrations improvements by individual local authorities. 99
The transposition of Directive 2014/52 i/EU is due in May 2017 100 European Commission, 2016. Commission notice — Commission
guidance document on streamlining environmental assessments
96 The Commission has work ongoing to improve the country-specific conducted under Article 2(3) of the Environmental Impact
knowledge about quality and functioning of the administrative Assessment Directive (D irective 2011/92/EU of the European
Ireland 27
simultaneously subject to assessments under the EIA the environmental sector. This has allowed certain
Directive, Habitats Directive, Water Framework Directive, cases to be solved successfully at national level and the Industrial Emissions Directive. without close involvement of the Commission
The implementation of this new Directive is also an Compliance assurance
opportunity that the Irish authorities should use to
ensure that previous practices of granting development EU law generally and specific provisions on inspections, consent and allowing construction to go ahead before all other checks, penalties and environmental liability help environmental permitting processes are completed are lay the basis for the systems Member States need to have not repeated in future. in place to secure compliance with EU environmental
rules. The Commission has some concerns with respect to the
transposition of the Strategic Environmental Assessment Public authorities help ensure accountability of duty(SEA)
Directive. There have been quite a number of holders by monitoring and promoting compliance and by complaints that the Directive is not properly applied in taking credible follow-up action (i.e. enforcement) when the area of energy infrastructure, particularly with breaches occur or liabilities arise. Compliance monitoring respect to wind farm development. The SEA Directive can be done both on the initiative of authorities provides a key opportunity for the environmental impacts themselves and in response to citizen complaints. It can of alternatives to a proposed project to be fully assessed involve using various kinds of checks, including
and for the public to comment. inspections for permitted activities, surveillance for possible illegal activities, investigations for crimes and
In general Ireland has a very good record for audits for systemic weaknesses. Similarly, there is a range communicating new implementing legislation on time. of means to promote compliance, including awareness
Compliance performance in Ireland is reasonable. raising campaigns and use of guidance documents and
However, there is a regular inflow of complaints (around online information tools. Follow-up to breaches and
40 in total) concerning, inter alia, the planning and nature liabilities can include administrative action (e.g. sectors. In the past years Ireland has focused on withdrawal of a permit), use of criminal law
101
and action
decreasing the number of infringements and under liability law (e.g. required remediation after implementing a number of Court judgments. There are damage from an accident using liability rules) and
currently infringements in the following areas: contractual law (e.g. measures to require compliance with nature conservation contracts). Taken together, all
− Five Article 258 TFEU Infringements: 2010/2161 of these interventions represent "compliance assurance"
(protection of Natura 2000 peat bogs), 2013/2056 as shown in Figure 14.
(UWWT 91/271/EEC, small agglomerations), Figure 14: Environmental compliance assurance
2015/2006 (SAC designation), 2007/2238 (Water Framework Directive 2000/60/EC i) and 2012/4028 (access to justice 2003/35/EC, inter alia on costs);
− Two Article 260 TFEU Infringements: 1998/2290
(nature 2009/147/EC, Programme of Measures in place on SPA designation, aquaculture licensing, and transposition of AA requirements), and 2000/4384 (EIA 2011/92/EC, enforcement of illegal peat extraction, Derrybrien windfarm).
− To comply with the ruling by the Court of Justice in case C-494/01, Ireland implemented a major reform of its waste sector, closed illegal landfills and financed costly clean-up and remediation works. The
reforms were carried out in close cooperation with Best practice has moved towards a risk-based approach the Commission, resulting in a system that ensures a at strategic and operational levels in which the best mix high level of compliance with EU waste legislation. of compliance monitoring, promotion and enforcement is The new legislation transformed the waste sector in directed at the most serious problems. Best practice also
Ireland. This offers useful lessons to other countries. recognises the need for coordination and cooperation between different authorities to ensure consistency,
− The Irish authorities have cooperated closely with 101
the Commission and taken a proactive approach European Union, Directive 2008/99/EC of The European Parliament and of the Council of 19 November 2008 on the protection of the
towards managing complaints referred back to it in environment through criminal law.
Ireland 28
avoid duplication of work and reduce administrative approach focused on risks such as threats to drinking
burden. Active participation in established pan-European water supplies 109 . networks of inspectors, police, prosecutors and judges, − Inspection planning is well developed in Ireland, such as IMPEL 102 , EUFJE 103 , ENPE 104 and EnviCrimeNet 105 , going beyond planning of classic industrial is a valuable tool for sharing experience and good inspections 110 . practices. − Ireland's Environmental Protection Agency (EPA) has
Currently, there exist a number of sectoral obligations on spearheaded the use of peer reviews at national inspections and the EU directive on environmental level to help ensure the quality and consistency of liability (ELD) 106 provides a means of ensuring that the the inspection and enforcement plans prepared by "polluter-pays principle" is applied when there are Irish local authorities
111
and has also introduced a
accidents and incidents that harm the environment. system of performance review of these There is also publically available information giving authorities
112 .
insights into existing strengths and weaknesses in each − The EPA has developed a Licencing, Monitoring and
Member State. Assessment system (LEMA) which allows effective data collection and analysis, risk assessment and
For each Member State, the following were therefore targeting of compliance assurance work for industrial reviewed: use of risk-based compliance assurance; installations that are overseen by the EPA itself. coordination and co-operation between authorities and − The court of justice imposed fines on Ireland for nonparticipation in pan-European networks; and key aspects compliance with EU law provisions in the field of of implementation of the ELD based on the Commission's waste, and penalty payments remaining due as long recently published implementation report and REFIT as the judgements of the court are not fully executed
evaluation. 107 by the Member State 113 . At the same time, Ireland is
Over the last decade, Ireland has taken important steps also developing administrative-law approaches to to improve the effectiveness of its environmental dealing with non-compliance.
compliance assurance system. An evolution towards
more strategic planning and risk- and outcome-based Ireland has sought to improve co-ordination and
approaches is exemplified by the following: consistency amongst its local authorities and other compliance assurance authorities through a Network for
− Compliance promotion is an integral part of Ireland's Environmental Compliance and Enforcement compliance assurance in several important areas, (‘NIECE’) coordinated by the Office of Environmental e.g. in 2013, Ireland's first national inspection plan Enforcement in the EPA 114 . As regards trans-boundary cofor domestic waste-water treatment systems operation and coordination with the United Kingdom on
included a national public awareness campaign to promote best practice relating to the operation and
maintenance of the country's 400,000 septic nature protection and trade in certain environmentally sensitive goods' , Institute for European Environmental Policy, 2013, p. 135,
tanks 108 . This plan also involved a risk-based 109 Preparation of the plan involved the expertise and experience of
national and international experts, who provided ideas, information, and comments, including a peer-review of the risk methodology that
102 European Union Network for the Implementation and Enforcement underpins the inspection plan. Further, an international symposium of Environmental Law , 2016 on domestic waste water treatment systems was held in Trinity
103 European Union Forum of judges for the environment , 2016 College Dublin. This event was attended by over 250 researchers,
104 European Network of Prosecutors for the Environment , 2016 policy makers, local authority staff and practitioners. The symposium
105 EnviCrimeNet , 2016 provided a forum for debate and discussion between national and
106 European Union, Directive 2004/35/CE of the European Parliament international delegates.
110
and of the Council of 21 April 2004 on environmental liability with The Environmental Enforcement Network has developed catchmentregard to the prevention and remedying of environmental damage level enforcement plans in the area of water enforcement. See for (OJ L 143, 30.4.2004, p.56) details 'Comparative Study of Pressures and Measures in the Major
107 COM(2016) 204 final i and COM(2016) 121 final of 14.4.2016. This River Basin Management Plans, Task 1c Enforcement systems', Milieu highlighted the need for better evidence on how the directive is used 2013, p. 14-16 and Annex III 'Quantitative information on
in practice; for tools to support its implementation, such as guidance, enforcement activities'. 111
training and ELD registers; and for financial security to be available in Source: http://www.epa.ie/enforcement/network/ 112
case events or incidents generate remediation costs. The EPA's performance report on the 31 local authorities is 108 The campaign aimed to communicate key messages via a series of available at
channels e.g. web based, videos, animations, FAQs workshops, http://www.epa.ie/enforcement/pa/performanceframework/ . There presentations, TV, local radio interviews etc. and inform DWWTS are summary results for each individual local authority and combined owners of the role they can play to protect their health, that of their results to give a picture of local government enforcement.
neighbours and the environment. Owners were to be made aware of 113 Following a prosecution on behalf of the Irish Environmental
the simple steps they can take to properly operate and maintain their Protection Agency, in October 2015 the Dublin Circuit Court fined a system as well as raising awareness as to the health implications in landfill operator EUR 20 million for nuisance odours and pollution the case of a non-compliant DWWTS. Source: Study on 'Information offences. collection and impact assessment of possible requirements for 114 Information about the NIECE members and the network’s functions environmental inspections in the area of EU legislation on water, is available here .
Ireland 29
waste, a working group was set up to deal with illegal insurance cover available to them but actually take it waste movements. This has used the combined skills of up). local authorities, the EPA, government departments, An
Garda Síochána, the National Bureau of Criminal Public participation and access to justice
Investigations, and the authorities in Northern Ireland to
identify the issues that need to be tackled and to work The Aarhus Convention, related EU legislation on public together towards better enforcement 115 . Ireland actively participation and environmental impact assessment, and contributes to the work of IMPEL (in particular the IMPEL the case-law of the Court of Justice require that citizens Waste and TFS Expert Team) and ENPE. and their associations should be able to participate in
decision-making on projects and plans and should enjoy
Additional up-to-date information would be useful in effective environmental access to justice.
relation to the following: Citizens can more effectively protect the environment if
− The extent to which risk-based methods are they can rely on the three "pillars" of the Convention on used to direct compliance assurance in specific Access to Information, Public Participation in Decisionproblem-areas highlighted elsewhere in this Country making and Access to Justice in Environmental Matters Report, i.e. the threats to protected habitat types ("the Aarhus Convention"). Public participation in the and species 116 , and the pressures on water quality administrative decision making process is an important from diffuse water pollution and lack of waste-water element to ensure that the authority takes its decision on
treatment. the best possible basis. The Commission intends to examine compliance with mandatory public participation
For the years between 2007 and 2013, Ireland reported requirements more systematically at a later stage.
several pending and dismissed cases involving Access to justice in environmental matters is a set of environmental liability, but not one confirmed guarantees that allows citizens and their associations to environmental damage incident that resulted in challenge acts or omissions of the public administration remediation under Irish legislation giving effect to the before a court. It is a tool for decentralised Environmental Liability Directive. While Ireland has not implementation of EU environmental law. introduced mandatory financial security, it has provided
guidance and the authorities have to assess the financial For each Member State, two crucial elements for viability of operators when granting or updating permits. effective access to justice have been systematically The Irish EPA is currently focusing on improving financial reviewed: the legal standing for the public, including provision 117 for key facilities 118 . However, it is not evident NGOs and the extent to which prohibitive costs represent that the market is providing insurance covering liabilities a barrier.
under the Directive. In Ireland, the rights of standing for environmental NGOs
Suggested action to bring legal actions have been largely enshrined in law, although some smaller gaps remain with regard to
• Improve transparency on the organisation and bringing challenges related to forestry and dumping of functioning of compliance assurance and on how waste at sea. Whilst rules on costs have also been significant risks are addressed, as outlined above. amended, the high costs still facing environmental
• Continue the current work aimed at improving financial litigants remains a concern as it prevents the public from provision, and take further steps to ensure an effective bringing environmental cases to the national courts.
system of financial security for environmental liabilities
under the ELD (so that operators not only have Suggested action
• Ensure that the costs of legal challenges by the public against decisions or omissions of public authorities involving EU environmental law are not prohibitively
115 This includes joint enforcement action, such a co-ordinated action in expensive, and in line with the requirements of EU law
Ireland, Northern Ireland and Scotland. The impacts of this cooperation
is to ensure criminals do not use borders to escape as well as the Convention on Access to Information,
detection and, therefore, to increase markedly the efficiency of Public Participation in Decision-making and Access to
compliance enforcement. Justice in Environmental Matters (Aarhus Convention).
116 For example, poisoning of rare raptors is a problem, with no
evidence of any successful prosecutions, see Bio Intelligence 2011 Report, p. 22 and BirdLife, 2011.
117 This can cover secured fund, on-demand performance bond, parent
company guarantee, charge on property and environmental impairment liability insurance.
118 See
http://www.epa.ie/enforcement/financialprovisionforenvironmentall iabilities/
Ireland 30
policy is one of the cornerstones of IE policies. The existing INSPIRE licence shall be superseded by open data
Access to information, knowledge and policy in 2016.
evidence Assessments of monitoring reports 124 issued by Ireland
The Aarhus Convention and related EU legislation on and the spatial information that Ireland has published on
access to information and the sharing of spatial data the INSPIRE geoportal 125 indicate that not all spatial
require that the public has access to clear information on information needed for the evaluation and the environment, including on how Union environmental implementation of EU environmental law has been made law is being implemented. available or is accessible. The larger part of this missing
It is of crucial importance to public authorities, the public spatial information consists of the environmental data and business that environmental information is shared in required to be made available under the existing an efficient and effective way. This covers reporting by reporting and monitoring regulations of EU businesses and public authorities and active environmental law.
dissemination to the public, increasingly through Suggested action
electronic means. • Identify and document all spatial data sets required for
The Aarhus Convention 119 , the Access to Environmental the implementation of environmental law, and make
Information Directive 120 and the INSPIRE Directive 121 the data and documentation at least accessible 'as is' to
together create a legal foundation for the sharing of other public authorities and the public through the environmental information between public authorities digital services foreseen in the INSPIRE Directive and with the public. They also represent the green part of
the ongoing EU e-Government Action Plan 122 . The first
two instruments create obligations to provide information to the public, both on request and actively.
The INSPIRE Directive is a pioneering instrument for electronic data-sharing between public authorities who can vary in their data-sharing policies, e.g. on whether access to data is for free. The INSPIRE Directive sets up a geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.
For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive envisages) as well as data-sharing policies ('open data') have been systematically reviewed.
Ireland's performance on the implementation of the
INSPIRE Directive as enabling framework to actively disseminate environmental information to the public is lagging behind. Ireland has indicated in the 3-yearly
INSPIRE implementation report 123 that the necessary
data-sharing policies allowing access and use of spatial data by national administrations, other Member States' administrations and EU institutions without procedural obstacles are available and implemented. Open data
119 European Commission, 2016. Aarhus Convention
120 European Union, Directive 2003/4/EC of the European Parliament
and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC
121 European Commission. 2016. INSPIRE
122 European Union, EU eGovernment Action Plan 2016-2020
Accelerating the digital transformation of government COM(2016) 179 final 124 Inspire indicator trends
123 European Commission, 2016. INSPIRE: Monitoring and Reporting 125 Inspire Resources Summary Report