Ireland’s Court of Appeal has referred the Food Vision 2030 strategy to the European Court of Justice (CJEU) around the Government’s requirement to assess high-level plans under the habitats directive.
The decision comes after the Friends of the Irish Environment (FIE) made an appeal against a High Court decision around whether the Food Vision 2030 (FV2030) strategy required a strategic environmental assessment (SEA) and an appropriate assessment (AA) prior to its adoption.
The FIE claims that the strategy was legally required to undergo both of these assessments and that the assessments conducted were deficient.
Although the Government and Minister for Agriculture carried out both assessments, their position is that they were not legally required and that any defect in them does not affect the validity of the strategy.
The Government characterises the strategy as a policy document and a voluntary stakeholder-led strategy with no statutory basis, mandatory or binding down-stream effects.
Outside the scope
Justice Nuala Butler found that it would be appropriate for this case to be referred to the CJEU before making a full decision on the appeal.
“Whilst I am minded to agree with the trial judge that FV2030 is a plan of a type which, in practical terms, is incapable of being the subject of a meaningful AA and, thus, falls outside the scope of the concept of a 'plan or project' under the habitats directive, the position is not clear cut.
“This appeal will be dismissed insofar as it relates to the question of whether decisions made in the course of the AA and SEA processes carried out by the respondents preclude the respondents from contending that such assessments were not required and insofar as it relates to the SEA directive.
“The balance of the appeal will be adjourned pending the decision of the CJEU on the questions to be referred.”
Response
Following the ruling, a spokesperson for FIE said that despite the Dáil having declared a climate and biodiversity emergency, the Government approved Food Vision 2030, “leaving very serious environmental concerns sidelined”.
“The National Parks and Wildlife Service unambiguously warned before the approval of Food Vison 2030 that it was not possible to conclude with any certainty that it would not adversely affect legally protected European habitats.
“However, the State said Food Vision 2030 is a ‘stakeholder-led strategy’ and as such is exempt from the requirement for assessments of national plans that ‘set the framework’ for subsequent land use decisions.
“Agriculture needs a transformation if it is to make real its vision of ‘protecting and enhancing our natural and cultural resources and contributing to vibrant rural and coastal communities and the national economy’, and, critically, the economy of the family farm. That is what this legal case is trying to bring about.”
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Ireland’s Court of Appeal has referred the Food Vision 2030 strategy to the European Court of Justice (CJEU) around the Government’s requirement to assess high-level plans under the habitats directive.
The decision comes after the Friends of the Irish Environment (FIE) made an appeal against a High Court decision around whether the Food Vision 2030 (FV2030) strategy required a strategic environmental assessment (SEA) and an appropriate assessment (AA) prior to its adoption.
The FIE claims that the strategy was legally required to undergo both of these assessments and that the assessments conducted were deficient.
Although the Government and Minister for Agriculture carried out both assessments, their position is that they were not legally required and that any defect in them does not affect the validity of the strategy.
The Government characterises the strategy as a policy document and a voluntary stakeholder-led strategy with no statutory basis, mandatory or binding down-stream effects.
Outside the scope
Justice Nuala Butler found that it would be appropriate for this case to be referred to the CJEU before making a full decision on the appeal.
“Whilst I am minded to agree with the trial judge that FV2030 is a plan of a type which, in practical terms, is incapable of being the subject of a meaningful AA and, thus, falls outside the scope of the concept of a 'plan or project' under the habitats directive, the position is not clear cut.
“This appeal will be dismissed insofar as it relates to the question of whether decisions made in the course of the AA and SEA processes carried out by the respondents preclude the respondents from contending that such assessments were not required and insofar as it relates to the SEA directive.
“The balance of the appeal will be adjourned pending the decision of the CJEU on the questions to be referred.”
Response
Following the ruling, a spokesperson for FIE said that despite the Dáil having declared a climate and biodiversity emergency, the Government approved Food Vision 2030, “leaving very serious environmental concerns sidelined”.
“The National Parks and Wildlife Service unambiguously warned before the approval of Food Vison 2030 that it was not possible to conclude with any certainty that it would not adversely affect legally protected European habitats.
“However, the State said Food Vision 2030 is a ‘stakeholder-led strategy’ and as such is exempt from the requirement for assessments of national plans that ‘set the framework’ for subsequent land use decisions.
“Agriculture needs a transformation if it is to make real its vision of ‘protecting and enhancing our natural and cultural resources and contributing to vibrant rural and coastal communities and the national economy’, and, critically, the economy of the family farm. That is what this legal case is trying to bring about.”
Read more
Agri-food exports worth over €18bn this year
'Ireland is becoming a global leader in sustainable agriculture
Sustainability in Irish agriculture: rising to the challenge
Report calls for Ireland’s ancient woodlands to be mapped
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