The European Commission is urging Ireland to bring its national legislation on assessing the effects of projects on the environment into line with EU rules. Despite considerable interaction with the Commission, legislation on environmental impact assessments in Ireland still contains shortcomings.

A fundamental objective of the Environmental Impact Assessment Directive (EIA Directive) is to ensure that projects likely, by virtue of their nature, size or location, to have significant effects on the environment are subject to an impact assessment. Despite an earlier referral to the Court and a subsequent Court ruling in March 2011 Ireland has not yet ensured the full transposition of the EIA Directive into national law.

Concerns remain regarding the complete transposition of Article 3 of the Directive, avoiding any negative consequences of split decision making between Irish planning authorities and the Irish Environment Protection Agency, and the exclusion of demolition works. Ireland generally accepts the Court’s findings and stated its intention to adopt all the necessary legislation to implement the Court’s judgment by the end of May 2012. However the necessary legislation has not yet been adopted, so the Commission is referring the case back to the Court.

In a survey of attitudes to water, including how to pay for it, 49% of Irish respondents agreed that water users should be charged – but thought there should be measures in place to prevent negative social effects. Sixty-three per cent of Irish respondents agreed that the price of water should reflect the environmental impact of water use. And the survey found that more Irish people drink tap water than the EU average – 68% of Irish people drink tap water only, compared to an EU average of 49%.

Some other highlights from the report are listed below.

* The Irish are least likely to think that all water users should be charged for the volume of water they, use regardless of individual circumstances, at 17% – a further 49% agree that water users should be charged but think that there should measures to offset potential negative social effects.

* Across the EU 42% of people think that water users should be charged for the volume of water they use regardless of individual circumstances and 42% think that there should be measures to offset potential negative social effects. Danish respondents were most likely to agree that water users should be charged for the volume of water they use in all cases at 66%. Greek (58%) followed by Maltese and Portuguese respondents (both 57%) were most likely to think that there should measures to offset potential negative social effects.

* 63% of Irish respondents agree, or tend to agree, that the price of water should reflect the environmental impact of water use, i.e. water should be more expensive if its use has a greater impact on the environment. The EU average is 61% with Swedish respondents most likely to be in agreement at 79% and Hungarians least at 51%.

* A large majority (86%) of Irish respondents think that non-potable water re-use should be generalized provided the lower water quality does not affect people’s health. This is marginally below the EU average of 88%.

Other findings from the survey include:

* Only 40% of Irish respondents feel well or very well informed about the problems facing groundwater, lakes, rivers and coastal waters in Ireland compared to an EU average of 37%. Danish (62%) and Austrian (60%) respondents are most likely to feel well or very well informed and Latvians least at 16%.

* A majority of Irish people surveyed (67%) believe that water quality problems are serious, just below the EU average of 68%. Respondents in Romania (94%), Italy (91%) and France (89%) were most likely to consider water quality a serious problem for their country and respondents in Finland (39%) and Austria (40%) least likely.

* 42% of Irish respondents think that the quality of groundwater, rivers, lakes and coastal waters has deteriorated over the past ten years compared to 27% who think it has remained the same and 26% who think it has improved. These figures are similar to the European average: 44% think that the quality of groundwater, rivers, lakes and coastal waters has deteriorated over the past ten years, 25% think it has remained the same and 23% think it has improved. Dutch respondents (46%) were most likely to think that it had improved in their country and Bulgarians and Romanians least at 5%. Similarly, Romanians were most likely to think that water quality had deteriorated over the past ten years at 67%.

* The number of Irish people who see chemical pollution as a main threat to the water environment in Ireland has dropped 3% to 75% since the previous survey was carried out in 2009. Ireland is one of only two countries (the other one being Hungary, which is down 5%) where the numbers of people seeing chemical pollution as a threat is declining. Across the EU, the number is up 9% to 84%.

* Around three-quarters (73%) of Europeans think that the EU should propose additional measures to address water problems, and about half of this group (37% of total) would like to be able to express their views on these measures. Fewer Irish people (66%) think the EU should propose additional measures to address water problems and more of them (41%) would like to be able to express their view on these measures. Support for EU measures is lowest in Estonia (55%) and the UK (56%) and highest in Germany and Slovakia (both 81%)

* More Irish people drink tap water than EU average, 68% of Irish people drink tap water only compared to an EU average of 49%. 20% of Irish respondents drink only mineral water and 11% drink both tap water and mineral water.

* Consumption of tap water only is highest in Sweden and Denmark (91%) and lowest in Cyprus and Luxembourg (21%). Consumption of mineral water only is highest in Malta and Cyprus (both 64%) and lowest in Denmark (2%), Sweden and Finland (both 3%).

* 61% of Irish people surveyed think industry does not do enough to use water efficiently. This is a little below the EU average of 65% and also well below Greece at the top of the scale where 77% think industry does not do enough. Respondents in Cyprus and Estonia (both 38%) are least likely to think that industry does not do enough.

* Irish people most likely to agree that households are not doing enough to use water efficiently – 75% of Irish people think that households do not do enough to use water efficiently compared to an EU average of 61% and just ahead of Greeks (73%) and Bulgarians (72%). At the other end of the scale, Estonians (39%) are least likely to think that households are not doing enough.

One thousand people in Ireland were interviewed for the survey between 5 and 8 March 2012 by IMS Millward Brown.

Ireland is well advanced in achieving most of the EU waste recovery and recycling targets, with the exception of end of life vehicle targets, according to the Environmental Protection Agency’s (EPA) National Waste Report 2010.

The economic downturn is having a marked influence on municipal waste generation, which has decreased by 16 per cent since it peaked in 2007. The quantity of household waste collected for treatment fell by 5 per cent in spite of an increase in population. The recovery rate for packaging waste increased to 74 per cent.

The main findings of the report were that in 2010:
* Municipal waste generation fell by 3.6 per cent compared to 2009.

* Household waste recovery increased by 11 per cent compared to 2009.

* Household waste collected for treatment fell by 5 per cent and commercial waste collected fell by 12 per cent compared to 2009.

* Municipal waste recycling achieved a rate of 38 per cent, a 3 per cent increase compared to 2009, and close to the EU27 norm of 40 per cent.

* Ireland met its 2010 EU Landfill Directive target for diversion of biodegradable municipal waste from landfill.

* A recovery rate of 74 per cent was achieved for packaging waste, exceeding the EU target of 60 per cent by 2011.

* Ireland is failing to meet the End of Life Vehicle Directive targets for reuse, recovery and recycling of vehicles and their components.

* 29 per cent of occupied houses do not participate in, or are not offered, a waste collection service.

* At current fill rates, 15 of the 28 currently active municipal solid waste landfills in Ireland will close in the next three years. There is a remaining national landfill capacity of 12 years.

* Use of waste as an energy fuel grew by 20 per cent from 2009 figures to 183,000 tonnes in 2010.

EPA director general Laura Burke comments: “There has been a significant reduction in the amount of municipal waste generated in Ireland, from a peak of almost 3.4 million tonnes in 2007, to less than 2.9 million tonnes in 2010. The economic downturn is continuing to have a marked influence on waste generation, particularly in the commercial waste and construction and demolition waste streams. When the economy begins to improve, it is important that we decouple waste generation from economic growth.”

Ireland is making good progress towards achieving its EU targets in areas such as packaging waste, waste electrical goods and batteries. “While Ireland has met its 2010 target for the diversion of biodegradable waste from landfill, the more stringent EU targets coming into effect in 2013 and 2016 under the Landfill Directive will be much harder to achieve and will require continued investment in the infrastructure needed to treat biodegradable waste,” she points out.

Priority actions identified in the EPA report were:

* Policies and actions necessary to decouple waste growth from economic growth need to be implemented, with waste prevention at their core;

* Continued support for resource efficiency and conservation initiatives in relation to waste, water and energy is required to deliver reduced costs for public and private enterprises and reduced impacts on the environment;

* Diversion of very large quantities of food waste from landfill remains a key priority that must be addressed if Ireland is to comply with the Landfill Directive;

* State policy to require householders to avail of a collection service will help address problems associated with large number of households not availing of such a service;

* Action needs to be undertaken to improve the reuse, recovery and recycling rates for End of Life Vehicles to ensure that Ireland complies with the relevant EU targets.

The European Commission considers that Ireland and the United Kingdom are not fully in line with EU gas market rules and has decided to refer these countries to the Court of Justice of the European Union. The best way for ensuring security of supply and affordable energy prices is to have a competitive internal EU energy market. An efficient and properly functioning internal market in natural gas will give consumers the choice between different companies across national borders. EU legislation aims at facilitating cross-border gas trade and increasing the capacity on gas markets.

According to EU gas rules, the maximum interconnection capacity between Member States and between different gas transmission systems must be offered to the market so that consumers can fully benefit from competition on the market. Only when interruptible reverse flow capacity and short-term services (short term contracts to book gas capacity) are offered, can pipelines be used to their maximum capacity. This means that more gas can be transported and new companies can enter the market. This will give consumers the possibility to choose between different companies and services.

The maximum interconnection capacity is not offered in the UK and Ireland as the pipeline connecting Northern Ireland and Ireland is not open to the market. This means that gas companies in Ireland cannot directly trade gas with Northern Ireland or vice versa. On the pipeline connecting Scotland to Northern Ireland short-term services are not available and neither is virtual reverse flow capacity based on netting off physical forward flow to make capacity available for commercial trade as required by EU longstanding legislation.

The Commission is aware that the UK and Irish governments intend to introduce Common Arrangements for Gas (CAG) between Ireland and Northern Ireland. While the Commission welcomes such steps to create cross-border market, this project has already been delayed. Therefore the Commission has decided to proceed with these infringement procedures in accordance with the EU law.

Irish tidal energy technology company, OpenHydro, has been honoured at the 2011 Ireland France Business Awards for its outstanding company performance in 2011 and promotion of bilateral trade and investment between Ireland and France. OpenHydro was selected as The Best Irish Company in France owing to its major technological breakthrough in the area of tidal technology, while in the process linking up with two major French companies, EDF and DCNS.

The jury agreed that OpenHydro Technology epitomises the potential for developing energy and environmental prospects between two countries, showing how new ideas backed by capital investment can provide revolutionary solutions to the global energy crisis.

James Ives, chief executive of OpenHydro, receiving the award from Paul Kavanagh, Ambassador of Ireland to France.

James Ives, chief executive of OpenHydro, says: “Over the last two years we’ve been very privileged to work with two incredible French companies, EDF and DCNS. Both these companies share our vision for tidal energy and with their support last month, we deployed our first tidal turbine in French waters. This is the first stage in a project which in 2012 is set to be the world’s first large-scale, grid-connected tidal energy farm and France’s first offshore tidal installation. We look forward to building on this partnership by developing other utility scale tidal farms in France in the future with their continued support.”

OpenHydro recently won a prestigious industry award by being named Best Company in the ‘Other Renewable Energy’ category by the Global Cleantech Association.

The European Commission is concerned that Ireland has incorrectly implemented the concept of water services as described in EU water legislation – leading to inappropriate water pricing. The Commission is sending Ireland a reasoned opinion to ask it to adjust its national legislation accordingly.

If Ireland fails to reply within two months, the Commission may refer the case to the European Court of Justice. The Water Framework Directive came into force in 2000, with Ireland’s agreement. Member States had until 2003 to implement its various provisions. The current problem arises from differing interpretations of the rules by Ireland (and five other Member States).

The case is not about domestic water charges. It is to do with the wider cost policy over all users, not just drinking water and sewage systems. The Water Framework Directive is Europe’s key tool for protecting its waters. It establishes a framework for action in the field of water policy. One of the measures to achieve its objectives is the obligation to adopt a cost recovery policy for water services that includes the environmental and resource costs of water use, taking into account the “polluter-pays” principle.

Ireland is of the opinion that cost recovery should apply only to the supply of drinking water and the disposal and treatment of wastewater. The Commission, however, sees water services as a wider notion that includes water abstraction for cooling industrial installations and agricultural irrigation, the impoundment or storage of surface waters for navigation purposes, flood protection or hydro power production, and well drilling for agricultural, industrial or private consumption. The exclusion of these activities from water services hinders the full and correct application of the Water Framework Directive, contributing to inefficient or wasteful use of water. The Directive is also intended to see equity between different water users.

Ireland has two months to comply with the requirements of the Directive, after which the Commission may refer the case to the European Court of Justice. The Commission has similar concerns regarding other Member States and has already issued reasoned opinions to Germany, Belgium, Denmark, Finland, Sweden on their misinterpretation of water services.

The Irish Wind Energy Association (IWEA) has welcomed the signing of an historic deal between Ireland and the UK Government that will potentially pave the way for exploiting Ireland’s unique wind energy resources. Both Governments have agreed to co-operate on developing the major wind and marine resource in and around Ireland, the Channel Islands and the Isle of Man.

IWEA chief executive Dr Michael Walsh says the deal may be seen in time as a milestone moment for Ireland in terms of maximizing the potential of the wind sector.

“It’s early days yet and we await the detail of what’s in the deal but it certainly is a major step in the right direction and potentially paves the way for what we believe could be a €1.6 billion annual export industry for Ireland and total new employment in the sector of 28,000 jobs,” he explains. “This deal, perhaps more than anything else that has gone before recognises the huge potential from wind energy on the island of Ireland given that it is a trading partner and not just ourselves that has recognised that the wind resource we have here is unique and largely underutilised. We have long since in the IWEA trumpeted the potential for exporting wind energy from Ireland and this deal will hopefully bring it to fruition, sooner rather than later.”

The European Commission is asking Ireland to take urgent action to improve the implementation of legislation that protects peat bog habitats. The Commission is concerned that peat extraction is ongoing in numerous protected Natura 2000 sites, despite letters sent out by the Irish authorities.

Scientists have warned that up to 35% of certain priority habitats have been destroyed since the legislation was adopted, and that the annual rate of loss is between 1-4%. In addition, the Commission also has concerns over some 170 other protected bogs.

Environment Commissioner Janez Potocnik.

Ireland was sent a letter of formal notice about this matter in January 2011. Although recent progress appears to have been made in relation to 32 sites, this needs to be reflected by changes on the ground.

On the recommendation of Environment Commissioner Janez Potocnik, the Commission has decided to send a reasoned opinion. The Commission’s assessment of the progress on the ground will be crucial in determining the next steps in this procedure.

The case concerns systemic breaches of the Habitats Directive (92/43/EC) and the EIA Directive (85/337/EEC) related to peat extraction on protected bogs. While Ireland is clearly acting on the problem – the Minister for the Environment announced an immediate ban on turf cutting in 32 active raised bogs in 2010, and an end to turf cutting in 24 additional active raised bogs by the end of 2011 – the Commission has serious concerns about the effectiveness of the response.

As well as being an endangered form of biodiversity, peat bogs are critical carbon stores and they provide important ecosystem services such as flood prevention. Under the Habitats Directive, Ireland had to submit peatlands for protection in Natura 2000 from 1998. Two types of peat bog – active raised bogs and active blanket bogs, are particularly at risk in Ireland. Developments are permitted in Natura 2000, Europe’s network of protected natural areas, only if they will not adversely affect the integrity of the site concerned, or if there is an overriding public interest and compensatory measures are taken.

European legislation also requires Ireland to make environmentally sensitive peat extraction projects subject to the Environmental Impact Assessment Directive, to evaluate possible impacts on the environment before they begin. This enables planners to minimise negative impacts before they actually happen.

The EPA has welcomed publication of the Intergovernmental Panel on Climate Change (IPCC) Special Report on Renewable Energy sources and Climate Change mitigation (SRREN). The report shows that global potential for renewable energy is substantially higher than both current and projected future global energy demand. This is the case globally and in most regions of the world.

Currently less than 3 per cent of the globally available renewable energy is being used. This means that more than 97 per cent is untapped. Realising this resource would be a major step in reducing greenhouse gas emissions from energy. The report projects that 80 percent of the world’s energy supply could be met by renewable sources by 2050 if enabling policies are put in place.

Commenting on the report Dr Mary Kelly, EPA director general, says: “This is a timely report given the choices we need to make on energy investment, here in Ireland, in Europe and internationally. It shows the potential of renewable energy technologies to provide energy solutions which also have wider economic, social and environmental benefits, including their potential to cut air pollution and improve public health, and increase energy security.”

The six renewable energy technologies reviewed are: bioenergy, direct solar energy, geothermal energy, hydropower, ocean and wind energy.

The report states that the cost of most renewable energy technologies has declined. Some renewable energy technologies are already economically competitive. Technical advancements are expected to further reduce costs. Increasing the share of renewables requires additional short-term and long-term integration efforts. There is a need for advanced technologies to optimize the infrastructure capacity for renewable an area in which Ireland has active research.

The IPCC report notes that enabling policies and measures are required to ensure rapid deployment of many renewable sources. Research is also required to overcome technical barriers. The deployment of renewable energy will benefit from testing centres for demonstration projects.

Two experts from Ireland were lead authors for this IPCC report – Professor Tony Lewis of the Hydraulics & Maritime Research Centre, University College Cork and Professor Mark O’Malley of University College Dublin.

Renewable Energy in Ireland

Ireland is committed to the deployment of renewable energy and aims to reach the European Commission target of 20 per cent of its total energy mix by 2020. Ireland is also implementing its National Renewable Energy Action Plan which all Member States were required to submit in 2010. This plan sets out how we intend to reach EU wide renewable energy targets.

Currently, the majority of Ireland’s renewable energy is generated using onshore wind with a small contribution from offshore. Bioenergy is a growing area through the establishment of bioenergy crops such as miscanthus and rapeseed oils as well as traditional forestry biomass. In the agricultural sector, technologies such as biomethane generation from grass and anaerobic digestion of farm and food wastes have the potential to play a key part in mitigating emissions from this sector. There are proposals in place for a state of the art research test bed in Belmullet for wave energy test site in Belmullet. Irish companies such as WaveBob and Ocean Hydro have already gained international attention for the potential of their technology.

The economic crisis, the evolving EU policy context and recent developments in technology require new approaches to domestic energy policy, according to a new report – A Review of Irish Energy Policy – by the Economic and Social Research Institute (ESRI). While the objectives of policy remain the enhancement of competitiveness, ensuring a secure energy supply, and tackling the problem of climate change, the changing external context requires some new solutions.

According to the ESRI, one of the key successes of Irish energy policy in recent years was the implementation of the Single Electricity Market on the island of Ireland. It has ensured a secure supply of electricity at a competitive price since 2007. However, new developments at the EU level may require a change in the market structure to facilitate trading in electricity across the EU and it will be important to ensure that the enhanced integration of the Irish electricity system with that of North-Western Europe benefits Irish consumers.

Even if oil and gas prices result in higher electricity prices in the future, it is not sensible to use scarce resources to subsidise electricity prices, says the ESRI. Furthermore, any windfall gains from free electricity permits should accrue to the exchequer.

The report also points out that while current policy on promoting renewable electricity may be broadly consistent with the strategic aims of Irish energy policy, there are aspects of market design and of the support scheme for renewable energy (REFIT) which could result in substantial unnecessary costs falling on Irish consumers. The current support scheme for onshore wind is probably too generous – the additional sum payable where prices are high should be dropped for new investors, argues the report.

The ESRI also maintains that incentives for offshore wind and wave and tidal generation are not appropriate as it is premature to incentivise substantial investment in such technologies. This aspect of current policy could prove very expensive for the Irish economy, while bringing little or no environmental benefits. The Irish electricity market may also need to be adjusted to ensure that the level of investment in intermittent renewable generation is appropriate.

The ESRI report urges Ireland to contribute to a review of EU policy on renewables, as current European policy is likely to increase the cost of reducing emissions while providing limited security of supply advantages. While the costs to Ireland from the inappropriate configuration of EU policy may be small, the potential costs to the EU economy as a whole are likely to be significant. Ireland should also contribute to the next stage of EU policymaking to ensure that the approach to managing greenhouse gas emissions from agriculture is efficient from both an economic and an environmental point of view.

EU policy on energy security is developing in the light of changing circumstances. The extension of the current arrangements for cross-country co-operation in the event of a shortage of oil to the gas market is important for Ireland. It is to be welcomed that the EU is also developing clear rules on gas transmission through member states. Domestic security of energy supply requires that the Corrib gas field is brought to production as rapidly as possible, says the ESRI.

The Government is establishing an independent non-statutory Peatlands Council to assist Ireland in responding in a strategic way to the requirements of the EU Habitat’s Directive, which requires Ireland to protect and conserve important peatland habitats.

Conor Skehan, a lecturer with DIT’s School of Spatial Planning, has been appointed as chair of the Council. As a former director of Bord na Mona he has experience of the peat sector. His consultancy experience in EIA and Habitats legislation gives him an overview of the legal and scientific issues which the Council will be dealing with.

Other members are being invited from the IFA, the Irish Peatland Conservation Council, the Turf Cutters and Contractors Association, the Irish Rural Link, a representative of the Irish Environment Network, Bord na Mona and the National Parks and Wildlife Service.

Raised bogs in Ireland contain rare and threatened natural habitats that are protected under National and European law. A small number of raised bogs are on sites that are designated as Special Areas of Conservation (SACs) or Natural Heritage Areas (NHAs). Raised bogs have almost vanished due to land reclamation, drainage and turf extraction. These sites are among the best examples of the tiny portion of such habitats left in Europe. The scientific advice available to the Government is that continued turf-extraction and conservation of these sites of European importance are incompatible.

The European Commission has been critical of Ireland’s approach to the protection of peatland habitat and initiated infringement proceedings against Ireland in January this year.

The previous Government decided that turf cutting should end on 31 raised bog SACs from 2010 and on a further 24 raised bog SACs from the end of this year. In the light of that decision, and the requirements of the Habitat’s Directive, the Peatland Council will be tasked with advising the Government on a number of key actions. These include:

* The drawing up of a national strategy on Peatlands conservation and management within 12 months, in consultation with bog owners and other stakeholders, to deal with long-term issues such as land management, restoration, conservation, tourism potential, carbon accounting and community participation in managing this resource.

* In the context of the national strategy, to draw up an agreed national code of environmental practice in regard to turf-extraction in designated sites, including a re-examination of the position regarding raised bog Natural Heritage Areas, which are protected under national legislation and the Environmental Impact Assessment Directive, in advance of the 2014 cutting season.

The European Commission is asking Ireland and France to comply with EU legislation requiring Member States to draw up marine strategies to protect their seas. Neither Member State has informed the Commission about the transposition of the Marine Strategy Framework Directive, which should have been in place by July 15th 2010.

If France and Ireland fail to comply with their legal obligation, the Commission may refer the cases to the EU Court of Justice and may ask the Court to impose financial sanctions at this stage.

Europe is committed to protecting marine ecosystems and biodiversity. Marine activities such as fishing, tourism and recreation rely on good quality waters. Europe’s marine waters are protected by a central piece of European legislation, the Marine Strategy Framework Directive 2008/56/EC which aims to ensure that Europe’s seas achieve good environmental status by 2020.

The Directive requires Member States to draw up coordinated strategies to protect and restore Europe’s marine ecosystems, and to ensure the ecological sustainability of activities linked to the marine environment.

Member States assess the ecological status of their marine waters and the impact of human activities, before granting ‘good environmental status’ for these waters. This is determined on the basis of criteria including biodiversity, fish stock health, concentrations of contaminants and the presence of eutrophication (excessive growth of algae that chokes life in other organisms), non-indigenous species, marine litter and underwater noise pollution. Targets and indicators are then set to achieve this good environmental status, with a programme of measures to achieve the objectives.

Delays in implementing the Directive lessen the chances of good status being achieved within the timeframe, with potentially serious implications for the users of Europe’s seas.

The timely transposition of EU legislation is a priority for the Commission. Under its new infringement policy, in cases where Member States have failed to transpose EU legislation into national law within the required deadline, the Commission can now ask for financial sanctions to be imposed at the first referral to the Court. This policy was adopted in November 2010 and entered into force on January 15th 2011.