The Irish Natura and Hill Farmers Association (INHFA) has questioned the legal basis for using the Habitats Directive as a benchmark to assess Ireland’s application to retain the Nitrates Directive.

The hill farmer body pointed out that a 2023 ruling by the European Court of Justice (ECJ) found that Ireland failed to fulfil its obligations under the Habitats Directive regarding special area of conservation (SAC) designations.

The INHFA called for clarity around the standing of the SACs impacted by the ruling.

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“Our view is that the basis for these sites is not legally sound,” INHFA president Vincent Roddy maintained.

The ruling is critically important to our members but it also has legal implications for the use of the Habitats Directive in relation to the nitrates derogation, Roddy claimed.

The ECJ ruling found that Ireland had failed to put in place “conservation measures” or “appropriate management plans specifically designed for the sites” within six years of the candidate SACs being identified.

“The reason for the six-year timeframe relates to the fact that the original SAC site could have altered significantly over time,” explained the INHFA leader.

“The ECJ ruling has brought into question if the SAC sites now subject to CAP conditionality have the same habitat status as when first designated. Where does this stand from a legal viewpoint because clearly the State has not complied with the Habitats Directive,” he added.

In response to a query from the Irish Farmers Journal, a spokesperson for the Department of Housing maintained that the nitrates derogation was a matter for the Department of Agriculture.

In relation to the ECJ ruling, the spokesperson said: “The 2023 ECJ ruling relates to the Habitats Directive on specific special area of conservation (SAC) sites. Ireland is working with the Commission to address all aspects of this ECJ ruling on these SAC sites.”