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
Date: 2017-02-03
Institutions: Directorate-General for Environment, European Commission
Subjects: EU environmental policy, EU initiative, Ireland, application of EU law, environmental law, environmental protection, pollution control measures

EN 

   EN 

   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   {COM(2017) 63 final} {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  

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Ireland  3 

Table of Content 

EXECUTIVE SUMMARY .................................................................................................................................... 4 

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 

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 

3. 

ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 16 

Air quality ............................................................................................................................................ 16 
 ................................................................................................................................................. 17 
Noise 
Water quality and management ......................................................................................................... 17 
Enhancing the sustainability of cities .................................................................................................. 20 
International agreements ................................................................................................................... 21 

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 22 

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 

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 
Access to information, knowledge and evidence ................................................................................ 30 

Environmental Implementation Report – Ireland 

 
 
 
Executive summary 

Ireland  4 

Besides  national  strategies  and  plans  like  those  on 
resource  efficiency,  jobs  and  green  procurement  there 
are  several  programmes  focussing  mainly  on  SMEs 
(Green  Offer  Programme,  Green  Business  Programme, 
SMILE)  that  aim  at  supporting  the  development  of  the 
green economy. 

Main Challenges 

The  main  challenges 
implementing EU environmental policy and law are: 

Ireland  faces  with  regard  to 

  The  need  to  complete  the  Natura  2000  designation 
conservation 

process,  with 
objectives, for terrestrial and marine sites. 

defined 

clearly 

  Protecting the raised and blanket bogs. 
  Maintaining  the  important  investments  required  for 
water  services,  given  the  urgent  need  to  invest  in 
water infrastructure. 

Main Opportunities 

Ireland  could  perform  better  on  issues  where  a  sound 
knowledge  base  and  good  practices  already  exist.  This 
applies in particular to: 

  Making  better  use  of  the  significant  potential  in 
tourism  by  better  managing  and 

for 

nature 
protecting natural sites. 

Points of excellence 

Where Ireland leads in environmental implementation, it 
could  share  innovative  approaches  more  widely  among 
other countries. Concrete examples include: 

  To  comply  with  a  ruling  by  the  Court  of  Justice, 
Ireland  implemented  a  major  reform  of  its  waste 
sector,  closed  illegal  landfills  and  financed  costly 
clean-up  and  remediation  works.  This  exercise  has 
transformed  the  waste  sector  in  Ireland,  providing 
useful  lessons  for  other  countries.  Over  ten  years 
ago,  Ireland  established  the  Network  for  Ireland’s 
Environmental Compliance and Enforcement (NIECE) 
to  ensure  an  effective,  national  approach  to 
enforcing environmental legislation. 
Ireland  has  taken  a  proactive  approach  towards 
managing complaints in the environmental sector, in 
cooperation with the Commission. 

 

About the Environmental Implementation Review 

launched 

reports  describing 

the 
the  Commission 
In  May  2016, 
Environmental  Implementation  Review  (EIR),  a  two-year 
cycle  of  analysis,  dialogue  and  collaboration  to  improve 
the  implementation  of  existing  EU  environmental  policy 
and  legislation1.  As  a  first  step,  the  Commission  drafted 
28 
the  main  challenges  and 
opportunities on environmental implementation for each 
Member  State.  These  reports  are  meant  to  stimulate  a 
positive debate both on shared environmental challenges 
for  the  EU,  as  well  as  on  the  most  effective  ways  to 
address the key implementation gaps. The reports rely on 
the detailed sectoral implementation reports collected or 
issued  by  the  Commission  under  specific  environmental 
legislation  as  well  as  the  2015  State  of  the  Environment 
Report  and  other  reports  by  the  European  Environment 
Agency.  These  reports  will  not  replace  the  specific 
instruments  to  ensure  compliance  with  the  EU  legal 
obligations.  

The  reports  will  broadly  follow  the  outline  of  the  7th 
Environmental Action Programme2 and refer to the 2030 
related 
for  Sustainable  development  and 
Agenda 
Sustainable Development  Goals  (SDGs)3  to  the  extent  to 
which  they  reflect  the  existing  obligations  and  policy 
objectives of EU environmental law4.  

The  main  challenges  have  been  selected  by  taking  into 
account factors such as the importance or the gravity of 
the  environmental  implementation  issue  in  the  light  of 
the  impact  on  the  quality  of  life  of  the  citizens,  the 
distance to target, and financial implications. 

The  reports  accompany  the  Communication  "The  EU 
Environmental  Implementation  Review  2016:  Common 
challenges  and  how  to  combine  efforts  to  deliver  better 
results", which identifies challenges that are common to 
several Member States, provides preliminary conclusions 
on  possible  root  causes  of  implementation  gaps  and 
proposes  joint  actions  to  deliver  better  results.  It  also 
groups in its Annex the actions proposed in each country 
report to improve implementation at national level. 

General profile 

The  Republic  of  Ireland  has  made  significant  progress 
across  a  range  of  environmental  policy  areas  and  has 
taken  important  steps  towards  a  circular  economy. 

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. 

Environmental Implementation Report – Ireland 

 
                                                            
 
 
 
 
 
 
Ireland  5 

Part I: Thematic Areas 

1. Turning the EU into a circular, resource-efficient, green and 

competitive low-carbon economy 

Developing a circular economy and improving 
resource efficiency 

The 2015 Circular Economy Package emphasizes the need 
to  move  towards  a  lifecycle-driven  ‘circular’  economy, 
with a cascading use of resources and residual waste that 
is  close  to  zero.  This  can  be  facilitated  by  the 
development  of,  and  access  to,  innovative  financial 
instruments and funding for eco-innovation. 
SDG  8  invites  countries  to  promote  sustained,  inclusive 
and  sustainable  economic  growth,  full  and  productive 
employment  and  decent  work  for  all.  SDG  9  highlights 
the  need  to  build  resilient 
infrastructure,  promote 
inclusive  and  sustainable  industrialization  and  foster 
innovation.  SDG 12  encourages countries  to  achieve  the 
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 alike5. 

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 
efficiency;  green  products  and  services;  green  financial 
services; agriculture, marine and forestry; tourism; waste 
management;  water  and  wastewater  management;  low 
carbon transport; research, development and innovation. 

An  important policy  development  related  to  the  circular 
economy  is  the  adoption  of  a  national  strategy  on 
resource  efficiency  in  2014.  The  strategy  ‘Towards  a 
resource  efficient 
fourth 
National  Waste  Prevention  Programme  and  sets  out  a 
framework for delivering the vision of ‘living better, using 
less’.  

incorporates  the 

Ireland’ 

The 2015 Action Plan for Jobs sets out a number of other 
actions  aimed  at  supporting  the  development  of  the 
green  economy,  developing  a  strategy  and  appropriate 

5 European Commission, 2015. Proposed Circular Economy Package  

tools  to  communicate  the  performance  of  Ireland’s 
Green  Economy 
to  encourage  greater 
investment in the sector; and examining the potential to 
increase  innovation  in  public  procurement  which  could 
support green products and services. 

in  order 

Ireland is performing below average in the EU as regards 
resource productivity6 (how efficiently the economy uses 
material resources to produce wealth), with 1.88 EUR/kg 
(EU average is 2.0) in 2015. Figure 1 depicts a significant 
increase  in  resource  productivity  since  2007.  Resource 
productivity  is  lower  in  countries  with  heavy  service-
based economies, like professional services in Ireland. 
Figure 1: Resource productivity 2003-157 

SMEs and resource efficiency 

Ireland's  Small  and  Medium-sized  enterprises  (SMEs) 
sector was one of the hardest hit by the crisis in the EU. 
Since  2011,  there  has  been  significant  and  sustained 
recovery. However, employment and value added are not 
yet back to pre-crisis levels.  

In general, Ireland proposes a wide range of measures to 
support  business  in  improving  its  resource  efficiency, 
ranging from voluntary measures to regulatory measures. 
An  analysis8  shows  that  Ireland  offers  nine  out  of  ten 
support activities assessed in the study so that it belongs 
to the ten best performing member states. 

6 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 
support business in improving its resource efficiency, p. 59 

Environmental Implementation Report – Ireland 

 
 
 
 
                                                            
 
                                                            
Three  measures  could  be  mentioned  as  successful 
examples:  

The  Environmental  Protection  Agency  (EPA)  has  been 
active in supporting resource efficiency investments and 
projects.  Its  Green  Business  programme  provides  free 
resource  efficiency  audits  and  recommendations  to 
SMEs. The EPA also operates the Green Enterprise grant 
scheme  (originally  known  as  the  Cleaner  Greener 
in  2012),  which 
Production  Programme,  rebranded 
supports organisations and companies in demonstration-
type  projects  aimed  at  improving  their  environmental 
performance  and  minimising  emissions  through  cleaner 
production  methods.  Since  2012,  41  Green  Enterprise 
demonstration  projects  have  been  funded,  valued  at 
around EUR 1.9 million (EPA, 2014a). 

improve 

Ireland  helps  companies 

Enterprise 
their 
environmental  performance  through  its  Green  Offer 
programme.  The  programme 
includes  a  GreenStart 
scheme  which  offers  grant  support  for  SMEs  to  hire  a 
consultant  to  undertake  a  short  in-company  assignment 
with  a  view  to  introducing  environmental  best  practice 
systems  and  structures,  achieving  cost  reduction  targets 
and 
laying  a  foundation  for  future  environmental 
improvement  projects.  Companies  can  also  apply  for 
funding  towards  the  cost  of  undertaking  a  ‘GreenPlus 
level  of 
Assignment’  aimed  at  developing  a  high 
environmental  management 
driving 
capabilities, 
environmental efficiency and improving sustainability.  

The  Irish  government  provides  support  for  Industrial 
Symbiosis through the “SMILE Resource Exchange”9. This 
support  measure  was  launched  locally  in  2011  and 
nationally  in 2014,  and aims  to  encourage  the  exchange 
of resources between its members in order to save them 
money,  reduce  waste  going  to  landfill  and  to  develop 
new  business  opportunities.  SMILE  is  a  free  service  for 
companies.  Potential  exchanges  are  identified  through 
regional networking events and an online exchange tool. 
SMILE  is  now  available  nationwide  and  operates  more 
strongly  in  some  regions  of  Ireland:  Cork,  Dublin,  Clare, 
Limerick  and  Kerry.  As  of  the  second  quarter  of  2015, 
SMILE  Resource  Exchange  has  1,232  members.  In  2014, 
through  SMILE  60  successful  synergies  were  concluded, 
altogether helping to divert 357 tonnes of material from 
landfill with an estimated value of EUR 398,000. 

In  the  Flash  426  Eurobarometer  "  SMEs,  resource 
efficiency  and  green  markets"  it  is  shown  that  65%  of 
Ireland's  SMEs  have  invested    up  to  5%  of  their  annual 
in  their  resource  efficiency  actions  (EU28 
turnover 
average  50%),  37%  of  them  are  currently  offering  green 
products and services, 57% took measures to save energy 
(EU28  average  59%),  75%  to  minimise  waste  (EU28 
average  60%),  44%  to  save  water  (EU28  average  44%), 
and  53%  to  save  materials  (EU28  average  54%).  From  a 

9 SMILE Resource Exchange, 2016  

Ireland  6 

circular  economy  perspective,  68%  took  measures  to 
recycle by reusing material or waste within the company, 
22% to design products that are easier to maintain, repair 
or reuse and 32% were able to sell their scrap material to 
another company.  

According to the Flash 426 Eurobarometer, the resource 
efficiency  actions  undertaken  allowed  the  reduction  of 
production costs in a 34% of the Irish SMEs. 

The Flash Eurobarometer shows that 41% of the SMEs in 
Ireland have one or more full time employee working in a 
green  job  at  least  some  of  the  time.    Ireland  has  an 
average  number  of  1.4  full  time  green  employees  per 
SME10. 

Using  the  full  potential  of  resource  efficiency  measures, 
there are cost savings possible: for only four SME sectors 
(food  &  beverages;  energy,  power  &  utilities; 
environmental  technologies;  construction)  the  savings 
that  would  strengthen  their  competitiveness  could 
already  amount  to  around  EUR  187,000  million.  About 
5,600  new  jobs  could  be  created  and  about  16,000  jobs 
could  be  secured  if  all  SMEs  in  the  four  sectors  would 
fully use their potential for resource efficiency11. 

Recent  research  indicates  national  economic  gains  of 
EUR 1 billion for a modest national production efficiency 
of 2 % 12. 

Eco-Innovation 

Ireland  ranks  third  in  Europe  in  the  Eco-Innovation 
Scoreboard, with a composite index of 134 relative to the 
EU-average  index  of  100  as  shown  in  Figure  2.  This 
represents a substantial improvement compared to 2013, 
when  Ireland  ranked  11th  and  was  close  to  the  EU 
average with a composite index of 95.4.  

In  terms  of  natural  capital, 

Several  factors  are  driving  the  transition  to  a  circular 
economy  and  the  development  of  eco-innovation  in 
Ireland. 
Ireland  has 
substantial  and  diverse  renewable  energy  resources, 
raising the prospects for further innovation in the energy 
sector and future exports of clean energy. It is also rich in 
natural resources such as clean water, natural landscapes 
and  biodiversity,  which  can  underpin  sustainable 
economic development and ‘green’ tourism (DJEI, 2012). 

10 The Flash 426 Eurobarometer "SMEs, resource efficiency and green 

markets" defines "green job" as a job that directly deals with 
information, technologies, or materials that preserves or restores 
environmental quality. This requires specialised skills, knowledge, 
training, or experience (e.g. verifying compliance with environmental 
legislation, monitoring resource efficiency within the company, 
promoting and selling green products and services). 

11 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 

Resource Efficiency Plan for Ireland, p. 25 

Environmental Implementation Report – Ireland 

 
                                                            
                                                            
Figure 2: Eco-Innovation Index 2015 (EU=100)13 

Ireland  7 

(‘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. 

itself  to 
In  addition,  the  Government  committed 
Corporate  Social  Responsibility  and  its  role  in  business 
led  social,  environmental  and  economic  sustainability 
(National Plan on Corporate Social Responsibility16). 

Waste management  

Turning waste into a resource requires: 
 

implementation  of  Union  waste 

Full 
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 
recyclable  or 
recoverable waste. 

landfilling  of 

SDG  12  invites  countries  to  substantially  reduce  waste 
generation  through  prevention,  reduction,  recycling  and 
reuse, by 2030. 

The EU's approach to waste management is based on the 
"waste  hierarchy"  which  sets  out  an  order  of  priority 
when  shaping  waste  policy  and  managing  waste  at  the 
operational 
level:  prevention,  (preparing  for)  reuse, 
recycling,  recovery  and,  as  the  least  preferred  option, 
incineration 
includes 
disposal  (which 
without energy recovery). 

landfilling  and 

The  progress  towards  reaching  recycling  targets and the 
adoption  of  adequate  WMP/WPP17  should  be  the  key 
items  to  measure  the  performance  of  Member  States. 
This section focuses on management of municipal waste 
for which EU law sets mandatory recycling targets. 

In 2013 (the last year for which data for IE is available) a 
reduction  in  municipal  waste18  generation  continues  to 
be  observed  in  Ireland  (Figure  3).  However,  it  still 
remains higher than the EU average (586 kg/y/inhabitant 
compared  to  474  kg  in  2014).  Figure  3  depicts  the 
municipal  waste  by  treatment  in  Ireland  in  terms  of  kg 
per capita, which shows also the existence of not treated 
waste. 

16 Department of Jobs, Enterprise and Innovation, 2014. National Plan 

on Corporate Social Responsibility 

17 Waste Management Plans/Waste Prevention Programmes 
18 Municipal waste consists of waste collected by or on behalf of 

municipal authorities, or directly by the private sector (business or 
private non-profit institutions) not on behalf of municipalities. 

in  key  enabling 

On  the  technological  side,  Ireland  enjoys  a  strong  R&D 
base  for  developing  and  testing  green  technologies, 
products  and  applications,  as  well  as  a  comparative 
advantage 
technologies  such  as 
engineering, ICT and biotechnology (DJEI14, 2012). Ireland 
is home to numerous technology companies – large and 
small, 
indigenous  and  foreign-owned  –  as  well  as 
research institutes and facilities which can deliver R&D in 
areas related to eco-innovation (DCENR15, 2015). 

The policy environment has generally been conducive to 
eco-innovation.  Ireland  is  committed  to  achieving  EU 
targets on reducing greenhouse gas emissions, increasing 
energy  efficiency  and  renewable  energy,  increasing  re-
use,  recovery  and  recycling  of  waste,  improving  water 
quality,  and  conservation. 
In  November  2012,  the 
government announced its commitment to promote the 
Green  Economy  in  a  Communication  entitled  ‘Delivering 
our  Green  Potential’  (see  EIO  Country  Report  Ireland 
2013). A Consultative Committee on the Green Economy 
was  created  with  a  view  to 
identifying  emerging 
opportunities  in  this  area.  More  recent  policy  initiatives 
supporting  eco-innovation  and  the  circular  economy 
include  a  national  strategy  on  resource  efficiency 

 Eco-innovation Observatory: Eco-Innovation scoreboard 2015 

13
14 Department of Jobs, Enterprise and Innovation 
15 Department of Communications, Energy & Natural Resources 

Environmental Implementation Report – Ireland 

 
 
                                                            
                                                            
 
Ireland  8 

can  be  used  mainly  for  assistance  on  waste  related 
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.  

is  needed  so  that  future 

in 
Caution 
incineration (energy recovery) or in mechanical biological 
treatment  (MBT)  plants  based  on  mixed  waste  input  do 
not  hinder Ireland  from  meeting  the  recycling  target  for 
2020. 

investments 

Figure 3: Municipal waste by treatment in Ireland 2007-
1319 

Nevertheless,  impressive  progress  towards  the  targets 
has  been  made  in  recent  years,  although  there  is  still  a 
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 2007-1320 

landfill 

The  high 
levy  and  suite  of  regulations  on 
household waste collection currently in place (as well as 
the  current  reforms  being  undertaken  to  strengthening 
the  existing  regulatory  structure),  have  driven  change 
and have potential to enable compliance with the current 
EU  directive  targets.  In  2001  an  Environment  Fund  was 
established.  Revenues  from  levies  on  plastic  shopping 
bags and the landfill of waste are paid into that fund and 

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 
hierarchy  (away  from  residual  waste  treatment  towards 
prevention and recycling). 

Full  implementation  of  the  existing  legislation  could 
create  more  than  6.100  jobs  in  Ireland  and  increase  the 
annual  turnover  of  the  waste  sector  by  over  EUR  640 
million.  GHG  emissions  could  be  reduced  by  2020  by 
between  1.8  (full  implementation)  and  3.1  Mt  CO2  eq 

19

20

 Eurostat, 
http://ec.europa.eu/eurostat/documents/2995521/7214320/8-
22032016-AP-EN.pdf/eea3c8df-ce89-41e0-a958-5cc7290825c3,. 
 Eurostat, Recycling rate of municipal waste, accessed October 2016. 
For Ireland, 2014 data were not available. 

21 Ireland secured four year derogation from the landfill directive 

targets, meaning that the target years are 2010, 2013 and 2016. 
22 Member States may choose a different method than the one used by 
ESTAT (and referred to in this report) to calculate their recycling rates 
and track compliance with the 2020 target of 50% recycling of 
municipal waste. 

Environmental Implementation Report – Ireland 

 
 
                                                            
                                                            
 
(optimised  scenario)  compared  to  their  2004  levels  (2.7 
to 4.7% of total 2004 emissions). 

Suggested action 

Ireland  9 

  Introduce 

new 

economic 
instruments,  to  promote  prevention,  make  reuse  and 
recycling more economically attractive 

including 

policies, 

  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 

Environmental Implementation Report – Ireland 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2. Protecting, conserving and enhancing natural capital 

Ireland  10 

Nature and Biodiversity  

The  EU  Biodiversity  Strategy  aims  to  halt  the  loss  of 
biodiversity  in  the  EU  by  2020,  restore  ecosystems  and 
their services in so far as feasible, and step up efforts to 
avert  global  biodiversity  loss.  The  EU  Birds  and  Habitats 
Directives  aim  at  achieving  favourable  conservation 
status of protected species and habitats.  

SDG  14  requires  countries  to  conserve  and  sustainably 
use the oceans, seas and marine resources, while SDG 15 
requires  countries  to  protect,  restore  and  promote  the 
sustainable  use  of  terrestrial  ecosystems,  sustainably 
manage  forests,  combat  desertification,  and  halt  and 
reverse land degradation and halt biodiversity loss. 

The  1992  EU  Habitats  Directive  and  the  1979  Birds 
Directive are the cornerstone of the European legislation 
aimed  at  the  conservation  of  the  EU's  wildlife.  Natura 
2000, the largest coordinated network of protected areas 
in  the  world,  is  the  key  instrument  to  achieve  and 
implement the Directives' objectives to ensure the  long-
term  protection,  conservation  and  survival  of  Europe's 
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 designation23 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 
proportions  of  the  EU  resource  of  blanket  and  raised 
bogs,  turloughs,  machair.  It  also  hosts  25  Annex  II,  34 
Annex  IV  and  19  Annex  species,  again  including  very 
significant  contributions  to  overall  EU  populations  for 
taxa  such  as  Freshwater  Pearl  Mussel  and  several 
cetacean species. Ireland also hosts over 450 bird species 
and  is  particularly  important  in  the  EU  context  for 
seabirds  and  wetland  species  of  the  North-east  Atlantic 
flyway.  About  200  of  these  species  are  regular  and  for 

23 Sites of Community Importance (SCIs) are designated pursuant to the 
Habitats Directive whereas Special Areas of Protection (SPAs) are 
designated pursuant to the Birds Directive; figures of coverage do 
not add up due to the fact that some SCIs and SPAs overlap. Special 
Areas of Conservation (SACs) means a SCI designated by the Member 
States. 

which  the  conservation  status  has  been  assessed,  of 
which  34  are  listed  in  Annex  I,  together  with  migratory 
species  making  a  total  of  80  species  subject  to  SPA 
designation. 

By early 2016, 13.13% of the national land area of Ireland 
is covered by Natura 2000 (EU average 18.1%), with Birds 
Directive  SPAs  covering  6.14%  (EU  average  12.3%)  and 
Habitats  Directive  SCIs  covering  10.19%  (EU  average 
13.8%).  There  are  594  Natura  2000  sites  in  Ireland 
covering a total area of 19,455km². 

Ireland was condemned by the EU court of justice for its 
failure  to  establish  a  complete  list  of  SCIs  under  the 
Habitats  Directive24,  although  this  is  now  considered 
complete  for  the  terrestrial  environment25  (see  Figure 
526). 

Figure  5:  Sufficiency  assessment  of  SCI  networks  in 
Ireland  based  on  the  situation  until  December  2013 
(%)27  

24 Case C-67/99 - Commission v Ireland; ECLI:EU:C:2001:432 
25 For each Member State, the Commission, with assistance from the 

European Environment Agency Topic Centre for Biological Diversity, 
assesses whether the species and habitat types on Annexes I and II of 
the Habitats Directive, are sufficiently represented by the sites 
designated to date. This is expressed as a percentage of species and 
habitats for which further areas need to be designated in order to 
complete the network in that country. The current data, which were 
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 
given biographical region with the Member State); if a habitat type or 
a species occurs in more than 1 Biogeographic region within a given 
Member State, there will be as many individual assessments as there 
are Biogeographic regions with an occurrence of that species or 
habitat in this Member State. 

27 European Commission, internal assessment. 

Environmental Implementation Report – Ireland 

 
 
                                                            
 
                                                            
Ireland  11 

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  Directive28.  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.  

Interest 

Member  States  had  6  years  to  designate  Sites  of 
(SCIs)  as  Special  Areas  of 
Community 
Conservation 
the  necessary 
(SACs)  and  establish 
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 
Ireland's failure to designate the majority of 423 SCIs as 
SACs  within  the  six  year  deadline  established  by  Article 
4(4)  of  the  Habitats  Directive;  define  sites  specific 
the 
conservation 
establishment  of  targeted  conservation  measures;  and 
put  in  place  appropriate  conservation  measures,  which 
correspond to the ecological requirements of the natural 
habitat  types  in  Annex  I  and  the  species  in  Annex  II 
present on the sites. By mid-2015 Ireland had designated 
no  sites.  There  has  been  some  recent  progress  and  by 
end of May 2016 a total of 76 SACs had been designated 
by  Ireland.  Furthermore,  the  majority  of  sites  still  have 
only  general  conservation  objectives  and  targeted 
conservation measures do not exist for many sites. 

objectives  which 

underpin 

According to the latest report on the conservation status 
of  habitats  and  species  covered  by  the  Habitats 
Directive29,  9%  of 
the  habitats'  biogeographic 
assessments  were  favourable  in  2013  (EU  27:  16  %). 
Furthermore,  50%  are  considered  to  be  unfavourable–
inadequate30  (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  631  showing  that  the  situation  for  protected 
habitats 
is  worse  than  for  protected  species,  with 
species-rich  grasslands,  peatlands  (particularly  raised 

28 Case C-418/04 - Commission v Ireland; ECLI:EU:C:2007:780 
29 The core of the ‘Article 17’ report is the assessment of conservation 
status of the habitats and species targeted by the Habitats Directive. 

30 Conservation status is assessed using a standard methodology as 

being either ‘favourable’, ‘unfavourable-inadequate’ and 
‘unfavourable-bad’, based on four parameters as defined in Article 1 
of the Habitats Directive. 

31 Please note that a direct comparison between 2007 and 2013 data is 
complicated by the fact that Bulgaria and Romania were not covered 
by the 2007 reporting cycle, that the ‘unknown’ assessments have 
strongly diminished particularly for species, and that some reported 
changes are not genuine as they result from improved data / 
monitoring methods. 

The  status  of  aquatic  species,  including  the  Freshwater 
Pearl  Mussel,  the  Salmon  and  other  fresh-water  fish 
species  is  bad.  There  are  data  gaps,  particularly  for 
marine  species.  With  regard  to  bird  species  there  are 
particular  concerns  about  the  large  scale  decline  of 
breeding  waders,  with  the  Curlew  now  at  risk  of 

Figure  7:  Short-term  population  trend  of  breeding  and 
wintering bird species in Ireland in 2012 (%)33 

extinction from Ireland as a breeding species.  

32 These figures show the percentage of biogeographical assessments in 
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 
based on Article 17 of the Habitats Directive reporting - national 
summary of Ireland 

Environmental Implementation Report – Ireland 

 
                                                            
 
                                                            
 
According  to  the  official  report  under  Article  12  of  the 
Birds  Directive,  62%  of  the  breeding  species  showed 
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. 

or 

Plans 

Inadequate  financial  and  human  resources  to  support 
appropriate 
conservation 
land  management  and 
measures appears to be a major obstacle to achieve the 
objectives  of 
the  Nature  Directives.  Site  specific 
equivalent 
conservation/management 
instruments  for  Natura  2000  sites  are  often  lacking  in 
Ireland34.  This  could  be  improved  by  administrative 
capacity  building,  which  would  also  allow  for  stronger 
insufficient 
stakeholder  engagement.  There 
communication  and  awareness  in  Ireland  in  relation  to 
Natura  2000  which  is  likely  to  have  contributed  to 
misunderstanding  and  mistrust.  According  to  the  latest 
2015  Eurobarometer  83%  of  people  had  never  heard 
about  Natura  2000  and  only  5%  knew  what  it  is,  the 
fourth  lowest  rate  of  awareness  in  the  Member  States. 
There  are  excellent  examples  of  conservation  and  land 
management  in  Ireland,  most  notably  in  the  Burren  Co. 
Clare, but this is not happening at a sufficient scale.    

is  also 

The  Commission  has  received  a  series  of  complaints  in 
relation  to  compliance  with  the  Nature  Directive.  The 
most  significant  concern  relates  to  the  conservation  of 
raised  and  blanket  bogs,  currently  the  subject  of  an 
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 
Issues  of 
conservation  in  SPAs  and the  wider  landscape,  including 
the decline of waders, particularly the Curlew, reconciling 
the protection of the Hen Harrier with forestry and wind 

the  conservation  of 

this  habitat. 

33 Article 12 of the Birds Directive reporting - national summary of 

Ireland 

34 Conservation plans only exist for a limited number of sites, and date 

from 2005  

Ireland  12 

farm development, avoiding the cutting of hedgerows as 
well as burning in the uplands during the nesting season 
of birds also need to be addressed. 

Suggested action 

  Complete the Natura 2000 designation process and put 
in place clearly defined conservation objectives and the 
necessary  conservation  measures  for  the  sites  and 
provide  adequate  resources  for  their  implementation 
in  order  to  maintain/restore  species  and  habitats  of 
community interest to a favourable conservation status 
across their natural range 

  Finalise  the  National  Raised  Bog  SAC  Management 
Plan, ensuring protection and restoration of raised and 
blanket  bog  sites 
in  consultation  with  affected 
stakeholders 

  Take  practical  steps  to  address  the  serious  decline  of 
waders, especially the Curlew, both within Natura 2000 
sites and the wider countryside 

Estimating Natural Capital  

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 
the  economic  value  of  such  services,  and  promote  the 
integration of these values into accounting and reporting 
systems at EU and national level by 2020. 

It  will  develop 

A mapping and assessment exercise for an initial suite of 
prioritised  ecosystem  services  is  due  for  completion  in 
2016. 
indicators  for  potential 
Irish 
ecosystem services mapping, based on available national 
data,  using  methodologies  developed  in  the  UK  and  the 
EU.  

Natural  Capital  and  Ecosystem  Services  is  one  of  the 
themes under Ireland's EPA Sustainability Research pillar 
for  2014  to  2020.  The  theme  aims  to  support  an 
embedding  ecosystem  approaches  such  as  natural 
capital,  ecosystem  services35  and  green  infrastructure 
into policy and practice.  

35 Ecosystem services are benefits provided by nature such as food, 
clean water and pollination on which human society depends. 

Environmental Implementation Report – Ireland 

 
                                                                                                 
 
                                                            
Ireland  13 

and  the  rate  of  land  take  is  on  track  with  an  aim  to 
achieve no net land take by 2050. 

SDG  15  requires  countries  to  combat  desertification, 
restore degraded land and soil, including land affected by 
desertification, drought and floods, and strive to achieve 
a land-degradation-neutral world by 2030. 

Soil is an important resource for life and the economy. It 
provides  key  ecosystem  services  including  the  provision 
of food, fibre and biomass for renewable energy, carbon 
sequestration,  water  purification  and  flood  regulation, 
the provision of raw and building material. Soil is a finite 
and  extremely 
increasingly 
degrading  in  the  EU.  Land  taken  by  urban  development 
and infrastructure is highly unlikely to be reverted to its 
natural  state;  it  consumes  mostly  agricultural  land  and 
increases  fragmentation  of  habitats.  Soil  protection  is 
indirectly  addressed  in  existing EU policies  in  areas  such 
as  agriculture,  water,  waste,  chemicals,  and  prevention 
of industrial pollution. 

resource  and 

fragile 

Artificial  land  cover  is  used  for  settlements,  production 
systems and infrastructure. It may itself be split between 
built-up areas (buildings) and non-built-up areas (such as 
linear transport networks and associated areas). Figure 8 
shows the different land cover types in Ireland in 2006.  

Figure 8 shows the different land cover types in Ireland in 
2012. 
Figure 8: Land Cover types in Ireland 201238 

The  Irish  Forum  on  Natural  Capital  (IFNC)  launched  in 
2015 brings together range of stakeholders interested in 
the  development  of  the  natural  capital  agenda 
in 
Ireland36. 

Suggested action 

  Engage  all  administrative  levels  and  continue  support 
for the mapping and assessment of ecosystem services, 
their  valuation  and  integration  into  natural  capital 
accounting systems. 

Green Infrastructure  
The  EU  strategy  on  green  infrastructure37  promotes  the 
incorporation  of  green  infrastructure  into  related  plans 
and  programmes  to  help  overcome  fragmentation  of 
habitats  and  preserve  or  restore  ecological  connectivity, 
enhance  ecosystem  resilience  and  thereby  ensure  the 
continued provision of ecosystem services. 

Green  Infrastructure  provides  ecological,  economic  and 
social  benefits  through  natural  solutions.  It  helps  to 
understand the value of the benefits that nature provides 
to human society and to mobilise investments to sustain 
and enhance them. 

The  Irish  Government  has  recently  approved  a  draft 
National Landscape strategy 2014-2024. The Strategy will 
establish  principles  for  protecting  and  enhancing  the 
landscape  while  positively  managing  its  change.  It  will 
provide a high-level policy framework to achieve balance 
between  the  management,  planning  and  protection  of 
the landscape and ensure fragmentation is reduced. 

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 
sustainable  development.  The  framework  prioritises 
action on the development of an integrated approach to 
into  sectorial  polices  and  the 
green 
creation of green corridors to enhance biodiversity. 

infrastructure 

Soil protection  

further  soil  degradation  and 

The  EU  Soil  Thematic  Strategy  highlights  the  need  to 
ensure  a  sustainable  use  of  soils.  This  requires  the 
prevention  of 
the 
preservation of its functions, as well as the restoration of 
degraded  soils.  The  2011  Road  Map  for  Resource-
Efficient  Europe,  part  of  Europe  2020  Strategy  provides 
that  by  2020,  EU  policies  take  into  account  their  direct 
and  indirect  impact  on  land  use  in  the  EU  and  globally, 

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] 

Environmental Implementation Report – Ireland 

 
                                                            
 
                                                            
The  annual  land  take  rate  (growth  of  artificial  areas)  as 
provided  by  CORINE  Land  Cover  was  0.24%  in  Ireland 
over the period 2006-12, below the EU average (0.41%). 
It  represented  416  hectares  per  year  and  was  mainly 
driven by housing, services and recreation39.  

The percentage of built up land in 2009 was 1.67%, below 
the EU average (3.23%)40. 

levels  of 
Up  to  2008,  IE  had  one  of  the  highest 
construction  activity  in  the  EU  but,  with  the  economic 
crisis,  this  ended  quite  dramatically.  The  following  land-
use  pressures  are  still  significant:  often  poorly  planned 
leisure  and  aquaculture 
sprawling  urban  expansion; 
developments  along  the  coast;  forestry  programme 
largely  based  on  exotic  conifers;  intensive  agriculture; 
peat  extraction.  Spatial  planning  and 
landscape 
protection are improving. 

The soil erosion rate in 2010 was 0.96 tonnes per ha per 
year, well below EU28 average (2.46 tonnes)41. 

There  are  still  not  EU-wide  datasets  enabling  the 
provision of benchmark indicators for soil organic matter 
decline, contaminated sites, pressures on soil biology and 
diffuse  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. 

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 (MSFD42) aims 
to achieve Good Environmental Status (GES43) 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. 

Ireland  14 

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 
waters  by  July  2014.  The  next  element  of  their  marine 
strategy is to establish a Programme of Measures (2016). 
The  Commission  assesses  whether  these  elements 
constitute  an  appropriate  framework  to  meet  the 
requirements of the MSFD. 

All  of  Ireland’s  marine  waters  fall  within  the  North-East 
Atlantic  Ocean  marine  region  and  within  the  Celtic  Seas 
marine sub-region. Ireland is party to the Convention for 
the  protection  of  the  marine  environment of  the  North-
East  Atlantic  (OSPAR  Convention).  Potential  risks  to  the 
biodiversity  in  the  Celtic  Seas  arise  from  fishing  (e.g. 
farming 
trawling, 
overfishing,  bottom 
(estuaries))44. 

and 

fish 

In its implementation of the Marine Strategy Framework 
Directive, Ireland has set 'Good Environmental Status' for 
all descriptors. However, these have often been assessed 
as  partially  adequate  by  the  Commission  as  not  all  of 
them  are  sufficiently  clearly  defined,  and  are  often 
general,  qualitative  and  high-level.  On  the  positive  side, 
Ireland has systematically used existing EU requirements 
and standards and places a strong emphasis on the work 
done  by  the  Regional  Sea  Convention  for  the  North-
Eastern Atlantic, OSPAR45.  

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 
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 202046. 

and  development 

constitute 

to 

Irish  marine  protected  areas  covered  6817.8  square 
kilometres of its marine waters in the Celtic Sea47. 

39 European Environment Agency Draft results of CORINE Land Cover 

44 European Environmental Agency, 2016. The North East Atlantic 

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 
artificial land. 

40 European Environment Agency, 2016. Imperviousness and 

imperviousness change 

41 Eurostat, Soil water erosion rate, Figure 2, accessed November 2016 
42 European Union, Marine Strategy Framework Directive 2008/56/EC 
43 The MSFD defines Good Environmental Status (GES) in Article 3 as:  
“The environmental status of marine waters where these provide 
ecologically diverse and dynamic oceans and seas which are clean, 
healthy and productive” 

Ocean, p. 121 

45Report 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 and SWD(2017)1 
final) 

47 2012 Data provided by the European Environmental Agency the 

European Commission – Not published 

Environmental Implementation Report – Ireland 

 
                                                            
                                                            
Ireland  15 

In  its  reports on  the  implementation  of  the  MSFD48,  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 
including 
for  biodiversity  descriptors, 
through regional cooperation by using the work of the 
relevant Regional Sea Convention 

  Address knowledge gaps 
  Further 

develop 

(and 
approaches 
quantifying) impacts from the main pressures in order 
to  lead  to  improved  and  more  conclusive  assessment 
results for 2018 reporting 

assessing 

  Continue to integrate existing monitoring programmes 
required  under  other  EU  legislation  and  to  implement 
joint  monitoring 
at 
(sub)regional level 

programmes 

developed 

  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 

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 and 
Commission Staff Working Document Accompanying the Commission 
Report assessing Member States' monitoring programmes under the 
Marine Strategy Framework Directive (COM(2017)3 and SWD(2017)1 
final) 

Environmental Implementation Report – Ireland 

 
                                                            
Ireland  16 

3. Ensuring citizens' health and quality of life 

Air quality  

The  EU  Clean  Air  Policy  and  legislation  require  that  air 
quality  in  the  Union  is  significantly  improved,  moving 
closer  to  the  WHO  recommended  levels.  Air  pollution 
and its impacts on ecosystems and biodiversity should be 
further reduced with the long-term aim of not exceeding 
critical  loads  and  levels.  This  requires  strengthening 
efforts  to  reach  full  compliance  with  Union  air  quality 
legislation  and  defining  strategic  targets  and  actions 
beyond 2020. 

The  EU  has  developed  a  comprehensive  suite  of  air 
legislation49,  which  establishes  health-based 
quality 
standards  and  objectives  for  a  number  of  air  pollutants. 
As  part  of  this,  Member  States  are  also  required  to 

recorded  for  ammonia  emissions.  Although  significant 
emission reductions have been recorded also for nitrogen 
oxides52  (-43%)  and  volatile  organic  compounds  (-36%), 
these  are  still  an  insufficient  effort  to  comply  with  the 
current  ceilings,  surpassing  these  by  18%  and  58%, 
respectively.  It  should  be  noted  that  the  exceedance  of 
the  nitrogen  oxides  emission  ceiling  is  partly  due  to  the 
lack of efficiency of the Euro standards for diesel vehicles 
while the exceedance of the volatile organic compounds 
ceiling  is  largely  the  result  from  the  recent  addition  of 
volatile organic compounds emissions from agriculture to 
the emission inventories which were not yet estimated or 
considered at the time the current ceilings were set. 

Air  quality  in  Ireland  is  reported  to  be  generally  good, 

Figure 9: Attainment situation for PM10, NO2 and O3 in 2014 

that  up-to-date 

ensure 
information  on  ambient 
concentrations  of  different  air  pollutants  is  routinely 
made  available  to  the  public.  In  addition,  the  National 
Emission  Ceilings  Directive  provides 
for  emission 
reductions  at  national  level  that  should  be  achieved  for 
main pollutants. 

Emissions  of  hazardous  substances  to  the  air  have 
decreased  in  Ireland50.  Reductions  between  1990  and 
2014  for  sulphur  oxides  (-89%)  ensure  air  emissions  for 
these  pollutants  are  within  the  currently  applicable 
national  emission  ceilings51.  No  reduction  has  been 

49 European Commission, 2016. Air Quality Standards 
50 See EIONET Central Data Repository and Air pollutant emissions data 

viewer (NEC Directive) 

51 The current national emission ceilings apply since 2010 (Directive 
2001/81/EC); revised ceilings for 2020 and 2030 have been set by 

with  exceptions.  For  the  year  2013,  the  European 
Environment  Agency  estimated  that  about  1  520 
premature  deaths  were  attributable  to  fine  particulate 
to  nitrogen54  dioxide 
matter53  concentrations,  30 

Directive (EU) 2016/2284 on the reduction of national emissions of 
certain atmospheric pollutants, amending Directive 2003/35/EC and 
repealing Directive 2001/81/EC. 

52 NOx is emitted during fuel combustion e.g. from industrial facilities 
and the road transport sector. NOx is a group of gases comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 

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) 
micrometres or less. PM is emitted from many anthropogenic 
sources, including combustion 

54 NOx is emitted during fuel combustion e.g. from industrial facilities 
and the road transport sector. NOx is a group of gases comprising 
nitrogen monoxide (NO) and nitrogen dioxide (NO2). 

Environmental Implementation Report – Ireland 

 
 
                                                            
                                                                                                 
 
concentrations and 50 to ozone55 concentrations56. 

For  2014,  no  exceedances  above  the  EU  air  quality 
standards  have  been  reported57.  This  is  reflected  in 
Figure  9,  which  shows  that  annual  mean  concentration 
values  for  PM10,  NO2  and  ozone  were  below  EU  target 
values58. 

It  has  been  estimated  that  the  health-related  external 
costs  from  air  pollution  in  Ireland  are  above  EUR  2 
billion/year  (income  adjusted,  2010),  which  include  not 
only the intrinsic value of living a full health life but also 
direct costs to the economy. These direct economic costs 
relate  to  382  thousand  workdays  lost  each  year  due  to 
sickness related to air pollution, with associated costs for 
employers  of  EUR  65  million/year  (income  adjusted, 
2010),  for  healthcare  of  above  EUR  5  million/year 
(income adjusted, 2010), and for agriculture (crop losses) 
of EUR 30 million/year (2010)59. 

Suggested action 

  Reduce  NMVOCs  emissions  to  comply  with  currently 

applicable national emission ceilings60. 

  Reduce nitrogen oxide (NOx) emissions to comply with 
currently applicable national emission ceilings61 and/or 
to 
(and  ozone 
(NO2) 
inter  alia,  by  reducing  transport 
concentrations), 
related emissions - in particular in urban areas. 

reduce  nitrogen  dioxide 

Noise 

The  Environmental  Noise  Directive  provides  for  a 
common  approach  for  the  avoidance,  prevention  and 
reduction  of  harmful  effects  due  to  exposure  to 
environmental noise. 

Excessive  noise  is  one  of  the  main  causes  of  health 
issues62.  To alleviate  this,  the  EU  acquis  sets  out  several 
requirements, 
including  assessing  the  exposure  to 
environmental  noise  through  noise  mapping,  ensuring 

55 Low level ozone is produced by photochemical action on pollution 

and it is also a greenhouse gas. 

56 European Environment Agency, 2016 Air Quality in Europe – 2016 
Report (Table 10.2, please see details in this report as regards the 
underpinning    methodology) 

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 

– 2016 Report. (Figures 4.1, 5.1 and 6.1) 

59 These figures are based on the Impact Assessment for the European 

60

Commission Integrated Clean Air Package (2013)  
 Under the provisions of the revised National Emission Ceilings 
Directive, Member States now may apply for emission inventory 
adjustments. Pending evaluation of any adjustment application, 
Member States should keep emissions under close control with a 
view to further reductions. 

61 Ibid. 
62 WHO/JRC, 2011, Burden of disease from environmental noise, 

Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), 
World Health Organization, Regional Office for Europe, Copenhagen, 
Denmark 

Ireland  17 

that information on environmental noise and its effects is 
made  available  to  the  public,  and  adopting  action  plans 
with  a  view  to  preventing  and  reducing  environmental 
noise  where  necessary  and  to  preserving  the  acoustic 
environment quality where it is good. 

Irish  authorities  have  fulfilled  all  their  obligations  with 
regards  to  the  Environmental  Noise  Directive63  for  the 
current reporting period. 

Water quality and management 

(including  surface  and  ground  waters) 

The  EU  water  policy  and  legislation  require  that  the 
impact  of  pressures  on  transitional,  coastal  and  fresh 
is 
waters 
significantly  reduced  to  achieve,  maintain  or  enhance 
good  status  of  water  bodies,  as  defined  by  the  Water 
Framework Directive; that citizens throughout the Union 
benefit from high standards for safe drinking and bathing 
water;  and  that  the  nutrient  cycle  (nitrogen  and 
phosphorus)  is  managed  in  a  more  sustainable  and 
resource-efficient way. 

SDG  6  encourages  countries  to  ensure  availability  and 
sustainable management of water and sanitation for all. 

The  main  overall  objective  of  EU  water  policy  and 
legislation  is  to  ensure  access  to  good  quality  water  in 
sufficient  quantity  for  all  Europeans.  The  EU  water 
acquis64  seeks  to  ensure  good  status  of  all  water  bodies 
across Europe by addressing pollution sources (from e.g. 
agriculture, urban areas and industrial activities), physical 
and  hydrological modifications  to  water  bodies)  and  the 
management of risks of flooding.  

River  Basin  Management  Plans 
(RBMPs)  are  a 
requirement  of  the  Water  Framework  Directive  and  a 
means  of  achieving  the  protection,  improvement  and 
sustainable use of the water environment across Europe. 
This includes surface freshwaters such as lakes and rivers, 
groundwater,  estuaries  and  coastal  waters  up  to  one 
nautical mile. 

In  its  first  generation  of  RBMPs  under  the  WFD  Ireland 
reported  the  status  of  4565  rivers,  807  lakes,  190 
transitional,  111  coastal  and  756  groundwater  bodies. 
54%  of  natural  surface  water  bodies  achieve  a  good  or 
high ecological status65 and only 39% of heavily modified 

63 The Noise Directive requires Member States to prepare and publish, 
every 5 years, noise maps and noise management action plans for 
agglomerations with more than 100,000 inhabitants, and for major 
roads, railways and airports. 

64 This includes the Bathing Waters Directive (2006/7/EC); the Urban 

Waste Water Treatment Directive (91/271/EEC) concerning 
discharges of municipal and some industrial waste waters; the 
Drinking Water Directive (98/83/EC) concerning potable water 
quality; the Water Framework Directive (2000/60/EC) concerning 
water resources management; the Nitrates Directive (91/676/EEC) 
and the Floods Directive (2007/60/EC) 

65 Good ecological status is defined in the Water Framework Directive 

referring to the quality of the biological community, the hydrological 
characteristics and the chemical characteristics. 

Environmental Implementation Report – Ireland 

 
                                                            
                                                            
or  artificial  water  bodies66  achieve  a  good  or  high 
ecological  potential.  Only  28%  of  surface  water  bodies 
(70%  unknown),  4%  of  heavily  modified  and  artificial 
water  bodies  (85%  unknown)  and  85%  of  groundwater 
bodies  achieve  good  chemical  status67.  Almost  100%  of 
groundwater bodies are in good quantitative status68. 

A number of pressures affect water bodies in Ireland – in 
the  case  of  surface  waters  56%  are  affected  by  diffuse 
source  of  pollution69  49%  by  point  sources  of  pollution, 
24% by river management, 9% by abstraction and 8% by 
flow  regulation  and  morphological  changes.  There  are 
significant  regional  differences  and  in  some  river  basin 
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 RBMPs70 have a number of deficiencies that result 
the  status,  pressures  and 
in  uncertainties  about 
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 
for 
groundwater  and  8%  for  artificial  and  heavily  modified 
bodies but only slightly for natural water bodies. Nitrate 
levels  from  agricultural sources  have been  decreasing  in 
the 2008-2011 period, with absence of monitoring points 
exceeding  50  mg/l  nitrates  in  groundwater.  However 
agriculture  remains  a  significant  pressure  and  some 
is  planned 
intensification  of  the  agricultural  sector 
(according  to  the  agricultural  sectoral  roadmap  "Food 
harvest  2020").  For  instance,  milk  yields  are  planned  to 
be  increased  by  50%  to  2020.  This  envisaged  expansion 
in 
will  represent  an  additional  challenge,  especially 
agriculturally intensive regions. The situation in Ireland as 
to pricing of water for domestic use is also not clear.  

improve  by  13% 

The  adoption of  the  second generation  of IE RBMPs  has 

66Many European river basins and waters have been altered by human 
activities, such as land drainage, flood protection, and, building of 
dams to create reservoirs. 

67 Good chemical status is defined in the Water Framework Directive 

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 

comprises a prohibition on direct discharges to groundwater, and a 
requirement to monitor groundwater bodies. 

69 Diffuse pollution comes from widespread activities with no one 
discrete source, e.g. acid rain, pesticides, urban run-off, etc.  

70 Information contained in this report is based on an assessment of the 

1st RBMP, finalised in 2009. 

Ireland  18 

been  significantly  delayed.  A  draft  second  cycle  RBMP 
consultation,  led  by  the  Local  Authorities  at  regional 
level,  is  now  underway  and  will  be  completed  by  June 
2017. 

Figure  10  shows  that  in  2015,  in  Ireland  out  of  137 
bathing waters, 73.7 % were of excellent quality, 9.5 % of 
good  quality  and  10.2  %  of  sufficient  quality.  6  bathing 
waters  were  of  poor  quality  or  non-compliant  while  it 
was  not  possible  to  assess  the  remaining  3  bathing 
waters71. 
Figure 10: Bathing water quality 2012 – 201572 

As  regards  drinking  water,  Ireland  reaches  very  high 
compliance  rates  of  99-100  %  for  microbiological, 
chemical  and  indicator  parameters  laid  down  in  the 
Drinking Water Directive73.  However, the Commission is 
certain 
aware  of 
parameters  (e.g.  trialomethanes)  in  some  water  supply 
zones. The Commission is currently following-up on those 
issues.  

sporadic  non-compliance  with 

There  are  substantial  implementation  issues  in  Ireland 
when  it  comes  to  the  Urban  Waste  Water  Treatment 
Directive.  In  2012,  Ireland  reported  170  agglomerations 
with  an  overall  generated  load  of  5,164,016  population 
equivalent  (p.e.).  However,  in  47  of  these,  secondary 
treatment  is  not  ensured  meaning that untreated  waste 
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 
stringent  obligation  is  subject  to  such  treatment  (in 
accordance  with  Article  5  of  the  Urban  Waste  Water 
Treatment  Directive).  Following  completion  of  that 

71 European Environment Agency, 2016. European bathing water quality 

in 2015, p. 26 

72 European Environment Agency, State of bathing water, 2016 
73 Commission's Synthesis Report on the Quality of Drinking Water in 
the Union examining Member States' reports for the 2011-2013 
period, foreseen under Article 13(5) of Directive 98/83/EC; 
COM(2016)666 

Environmental Implementation Report – Ireland 

 
                                                            
 
                                                            
compliance assessment Ireland reported that compliance 
had  been  under-estimated  in  that  report  due  to  some 
errors  in  the  designation  of  sensitive  zones  (sensitive  to 
phosphorus  and/or  nitrogen). 
Ireland  reported  that 
fifteen  agglomerations,  instead  of  one  (amounting  to 
0.7%), should have been considered compliant. The next 
reporting  exercise  should  give  Ireland  an  opportunity  to 
rectify this reporting and designation issues. In any case, 
Ireland  demonstrates  low  compliance  rates  with  the 
Urban Waste Treatment Directive and the Commission is 
following-up  on  the  non-compliances.  The  Commission 
has  an  ongoing  infringement  relating  to  Ireland's  failure 
to fully comply with the Directive. The investment needs 
to  reach  full  compliance  with  the  Directive  have  been 
estimated  by  Ireland  (under  Article  17  of  the  Urban 
Waste  Water 
to  be  of 
EUR 443 million74. 

Treatment  Directive) 

Figure  11  below  shows  the  total  generated  load  at 
Member  State 
level  (in  population  equivalent  and 
regardless of agglomerations) and the load that remains 
to be addressed by Ireland. 

Figure 11: Urban waste water Irish situation 2012 – Final 
deadline 200575 

 concerned 
3,576,500 p.e. 

Ireland  19 

Dublin area – one of the factors behind a move towards 
domestic water pricing.  

the 

initiated 

The  Commission 
infringement  on 
compliance with the Water Framework Directive against 
Ireland  in  2007.  Within  the  framework  of  this  case,  the 
Commission  is  examining  Ireland's  compliance  with  a 
number  of  key  provisions  of  the  Directive,  including  in 
particular  the  definition  of  water  services,  water  pricing 
and controls over the abstraction of fresh surface water 
and groundwater and the impoundment of fresh surface 
water. 

Further to the EU/IMF memorandum of understanding, a 
national water utility (Irish Water) was created and took 
over  the  water  sector  in  Ireland  as  of  1 January 2014.  It 
replaces the former 34 water utilities and has established 
a  strategic  plan  to  solve,  inter  alia,  the  issues  linked  to 
the implementation of the Drinking Water Directive and 
the  Urban  Waste  Water  Treatment  Directive.  Water 
charges  were  introduced  in  2013  and  extended  to 
domestic  users  in  2014.  However,  the  charges  were 
capped  and  the  new  Government  has  promised  to 
suspend them.  

to  meet 

The  proposed  Capital  Investment  Plan  (CIP)  2014-2016 
the  objectives 
requires  EUR 1.77 billion 
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 
standard. 
investments  are 
that 
It 
maintained.  

is  vital 

these 

introduced  a  system  of  registration  of 
In  2012  IE 
individual  waste  water  treatment  systems  (septic  tanks) 
in  the  countryside  with  a  view  to  their  better  control 
(implementation  of  judgment  C-188/08).  Water  scarcity 
is  emerging  as  an  issue  in  the  heavily  urbanised  greater 

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 million76. 

identified  and 
Flood  risk  areas  have  already  been 
mapped  in  Ireland77.  Ireland  is  hit  regularly  by  flooding 
incidents  with  serious  economic  damage  costs.  Records 
of flooding from rivers are the most common in Ireland. 

74 Eighth Report on the Implementation Status and the Programmes for 

Implementation (as required by Article 17) of Council Directive 
91/271/EEC concerning urban waste water treatment (COM 
(2016)105 final) and Commission Staff Working Document 
accompanying the report (SWD(2016)45 final) 

75 European Commission, 2016. Urban waste water, 8th implementation 

reports  

76 Eighth Report on the Implementation Status and the Programmes for 

Implementation (as required by Article 17) of Council Directive 
91/271/EEC concerning urban waste water treatment (COM 
(2016)105 final) and Commission Staff Working Document 
accompanying the report (SWD(2016)45 final) 

77European Commission, 2015. The Water Framework Directive and the 
Floods Directive: Actions towards the 'good status' of EU water and 
to reduce flood risks, page 55 

Environmental Implementation Report – Ireland 

 
 
                                                            
                                                            
Between 2002 and 2013, for the 16 floods recorded the 
total  direct  costs  were  EUR 1500  million.  The  average 
cost per flood was EUR 92 million. 

A national flood hazard mapping website was launched in 
2006. A close cooperation between Ireland and the UK do 
exist  to  share  information  on  cross  boarder  flood  risk 
management. 

The  European  Commission  will 
benchmark system in 201781. 

launch  a  new  EU 

The  EU  stimulates  green  cities  through  awards  and 
funding,  such  as  the  EU  Green  Capital  Award  aimed  at 
cities  with  more  than  100,000  inhabitants  and  the  EU 
Green  Leaf  initiative  aimed  at  cities  and  towns,  with 
between 20,000 and 100,000 inhabitants. 

Ireland  20 

Suggested action 

  Improve monitoring and status assessment with regard 

to the RBMP78. 

  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 
collected  and 
that  waste  water 
appropriately treated throughout the country. 

is 

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 
sustainable 
buildings,  energy  efficiency  and  urban  biodiversity 
conservation.  

transport  and  mobility, 

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 
EU  population  are  living  in  urban  areas.79  The  urban 
environment  poses  particular  challenges 
the 
environment  and  human  health,  whilst  also  providing 
opportunities and efficiency gains in the use of resources.  

for 

The  Member  States,  European  institutions,  cities  and 
stakeholders have prepared a new Urban Agenda for the 
EU  (incorporating  the  Smart  Cities  initiative)  to  tackle 
these  issues  in  a  comprehensive  way,  including  their 
connections with social and economic challenges. At the 
heart  of  this  Urban  Agenda  will  be  the  development  of 
twelve  partnerships  on  the  identified  urban  challenges, 
including air quality and housing80.  

78 Information on the implementation status and more specific 

recommendations: Water Framework Directive Implementation 
Reports  

79 European Environment Agency, Urban environment 
80 http://urbanagendaforthe.eu/ 

For  the  2014-2020  EU-funding  period  Ireland  set  up 
Designated  Urban  Centres  Grants  Scheme82.  Funding 
under the Scheme will enable project investments in Irish 
urban centres of EUR 127 million of which EUR 40 million 
will be funded from the European Regional Development 
Fund  (ERDF)  with  matching  funding  from  the  relevant 
local  authorities.  The  scheme  seeks  specifically  to 
improve  the  urban  environment  and  revitalise  urban 
areas.  Projects  in  designated  urban  centres  have  to  fit 
with integrated strategies to tackle the social, economic, 
environmental, climate and demographic challenges. 

81 The Commission is developing an Urban Benchmarking and 

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. 

82Department of the Environment, Community and Local Government, 
2016. Announcement of ERDF grant assistance to local authority 
capital works under the Designated Urban Centres Grants Scheme 
2014-2020  

Environmental Implementation Report – Ireland 

 
                                                            
                                                            
 
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 
in  related  negotiations  and 
the  Union’s  credibility 
international  meetings  where 
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. 

supporting 

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  Protocol83.  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. 

Environmental Implementation Report – Ireland 

 
 
 
                                                            
Part II: Enabling Framework: Implementation Tools 

4. Market based instruments and investment 

Ireland  22 

Green taxation and environmentally harmful 
subsidies 

The Circular Economy Action Plan encourages the use of 
financial  incentives  and  economic  instruments,  such  as 
taxation  to  ensure  that  product  prices  better  reflect 
environmental costs. The phasing out of environmentally 
harmful  subsidies  is  monitored  in  the  context  of  the 
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  contributions85  (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 
potential for shifting taxes from labour to environmental 
taxes86.  Under  a  good  practice  scenario87,  the  amount 

84 Eurostat, Environmental tax revenues, accessed June 2016  
85 Excluding imputed social contributions 
86 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 

2016. Study on Assessing the Environmental Fiscal Reform Potential 
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 
taxation. It merely presents the findings of the 2016 study by 
Eunomia et al on the potential benefits various environmental taxes 
could bring. It is then for the national authorities to assess this study 
and their concrete impacts in the national context. A first step in this 

could  be  as  much  as  EUR 0.96  billion  in  2018,  rising  to 
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 
2018 and 2030, respectively. 

Figure  12:  Environmental  tax  revenues  as  a  share  of 
total  revenues  from  taxes  and  social  contributions 
(excluding imputed social contributions) in 201488 

The  largest  potential  source of  revenue  comes  from  the 
suggested  increase  in  vehicle  taxes.  This  accounts  for 
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 
transport fuels. This accounts for EUR 0.36 billion in 2030 
(real 2015 terms), equivalent to 0.11% of GDP. 

A  Government-appointed  Commission  on  Taxation 

respect, already done by a number of Member States, is to set up 
expert groups to assess these and make specific proposals. 
87 The good practice scenario means benchmarking to a successful 

taxation practice in another Member State. 
 Eurostat, Environmental tax revenues, accessed October 2016 

88

Environmental Implementation Report – Ireland 

 
 
 
                                                            
 
                                                                                                 
reviewed,  in  2009,  the  structure  and  efficiency  of  the 
Irish taxation system, including fiscal measures to protect 
the  environment.  The  Commission  recommended  that  a 
tax  on  the  CO2  content  of  energy  products  for  non-ETS 
sectors  be  introduced  (excluding  agriculture)  and  that 
efforts  be  made  to  strengthen 
local  government 
financing  through  property  taxes  and  waste  and  water 
charges.  The  report  stated  that  these  environmental 
important  tools  for  pursuing 
fiscal  measures  were 
Ireland’s  green  economy  goals.  The  CO2  tax  was 
subsequently 
introduced  and  has  gradually  been 
extended,  whilst  property  taxes  are  also  slowly  being 
phased in. 

over 

have 

could 

4000kg 

The  existing  reduction  of  motor  tax  for  commercial 
detrimental 
vehicles 
environmental  effects.  Peat  uses 
for  electricity 
generation  is  exempt  from  the  carbon  tax,  but  the 
extraction  remains  subsidises.  Reduced  value-added  tax 
rates  on  energy  products  (at  13.5%)  also  conflict  with 
overall energy and climate policy objectives as the decree 
the  incentive  to  reduce  energy  consumption  or  improve 
energy efficiency. 

Green Public Procurement  

The  EU  green  public  procurement  policies  encourage 
Member States to take further steps to reach the target 
of applying green procurement criteria to at least 50% of 
public tenders. 
Green  Public  Procurement  (GPP)  is  a  process  whereby 
public  authorities  seek  to  procure  goods,  services  and 
works  with  a  reduced  environmental  impact  throughout 
their  life-cycle  when  compared  to  goods,  services  and 
works  with  the  same  primary  function  that  would 
otherwise be procured.  

The  purchasing  power  of  public  procurement  equals  to 
approximately  14%  of  GDP89.  A  substantial  part  of  this 
money  is  spent  on  sectors  with  high  environmental 
impact such as construction or transport, so GPP can help 
to  significantly  lower  the  impact  of  public  spending  and 
foster 
The 
innovative 
Commission has proposed EU GPP criteria90. 

businesses. 

sustainable 

The National Action Plan – ‘Green Tenders’ was published 
by  the  Department  of  the  Environment  in  January  2012 
and constitutes the lead role in “greening” procurement 
across the Irish public sector. The aim is that GPP is used 
for 50% of procurement by value or 50% by volume91.  

Ireland  23 

the 

following  products  specific  criteria92  are 
For 
recommended: construction, transport, energy, food and 
catering,  textiles,  cleaning  products,  paper  and 
IT 
equipment. 

There is no information available regarding the uptake of 
GPP. 

Investments: the contribution of EU funds 

European  Structural  and  Investment  Funds  Regulations 
provide  that  Member  States  promote  environment  and 
funding  strategies  and 
climate  objectives 
programmes 
territorial 
cohesion,  rural  development  and  maritime  policy,  and 
reinforce the capacity of implementing bodies to deliver 
cost-effective and sustainable investments in these areas. 

in  their 
for  economic, 

social  and 

Making  good  use  of  the  European  Structural  and 
Investment  Funds  (ESIF)93  is  essential  to  achieve  the 
environmental goals and integrate these into other policy 
areas.  Other  instruments  such  as  the  Horizon  2020,  the 
LIFE  programme  and  the  EFSI  may  also  support 
implementation and spread of best practice. 

for  Cohesion  Policy 

The total contribution to Ireland across ESIF for the 2014-
2020 period  amounts  to over  EUR 3.4  billion  (see Figure 
13).  In  2014-2020  Ireland  is  allocated  around  EUR 1.19 
billion 
(European  Regional 
Development Fund (ERDF) EUR 409.2 million (12.2 %) and 
European  Social  Fund  (ESF)  EUR 542.4 million  (16.2 %))  
including  EUR 68.1 million  for  the  Youth  Employment 
Initiative  and  EUR 168.9 million  for  European  territorial 
cooperation.  An  additional  EUR 2.19 billion  (65.2 %)  will 
be devoted to development of the agricultural sector and 
rural areas from the European Agricultural Fund for Rural 
Development (EAFRD). The allocation from the European 
Maritime  and  Fisheries  Fund 
to 
EUR 147.6 million (4.4 %). 

(EMFF)  amount 

Concentration of funds on a limited number of strategic 
priorities  is  one  of  the  main  principles  of  the  reformed 
cohesion  policy.  More  than  20%  of  the  ERDF  allocation 
will make a contribution to climate change mitigation and 
adoption  measures.  At  least  5%  of  the  ERDF  allocation 
will  be 
in  sustainable  urban  development 
actions  implemented  in  Ireland.  More  than  80%  of  the 
EAFRD  allocation 
is  dedicated  to  environment  and 
climate related actions. 

invested 

89 European Commission, 2015. Public procurement 
90 In the Communication “Public procurement for a better environment” 
(COM /2008/400) the Commission recommended the creation of a 
process for setting common GPP criteria. The basic concept of GPP 
relies on having clear, verifiable, justifiable and ambitious 
environmental criteria for products and services, based on a life-cycle 
approach and scientific evidence base. 

91 European Commission (October 2015), Documentation on National 

GPP Action Plans  

92 In the Communication “Public procurement for a better 

environment” (COM (2008) 400) the Commission recommended the 
creation of a process for setting common GPP criteria. The basic 
concept of GPP relies on having clear, verifiable, justifiable and 
ambitious environmental criteria for products and services, based on 
a life-cycle approach and scientific evidence base. 

93 ESIF comprises five funds – the European Regional Development 
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund 
(ESF), the European Agricultural Fund for Rural Development 
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 
ERDF, the CF and the ESF together form the Cohesion Policy funds. 

Environmental Implementation Report – Ireland 

 
                                                            
                                                            
In  total,  EUR 921.2 million  is  dedicated  to  the  Thematic 
objective  6  (TO6)  Environment  Protection  and  Resource 
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 
improving the urban environment, reducing air pollution, 
promoting  noise  reduction  and  sustainable  multi-modal 
urban mobility measures. 

The  Rural  Development  Program  of  Ireland,  its  EAFRD 
part,  amounts  to  EUR 2190.6 million  in  its  approved 
version  (also  after  the  negotiated  1st  modification).  The 
budget 
agri-environmental-climate  measures 
represents 42% of the total EAFRD budget for Ireland.  

for 

The agri-environmental measure offers targeted support 
for Natura 2000 sites hosting some priority bird species, 
other  protected  bird  species.  As  well  it  aims  to  support 
via  commonage sub-measure  common  land and provide 
proper  management  for  these  extensively  managed 
areas,  including  such  those  which  are  not  eligible  for 
Pillar I of the CAP. This is a good example which MS could 
follow,  if  the  EC  and  MS  are  to  show  that  the  CAP  is 
promoting  and  supporting  extensive  and  high  nature 
value  practices  (as  insisted  in  the  EP  Resolution  on  the 
mid-term  review  of  the  EU  BS  2020).  Support 
is 
channelled  also  to  the  intensive  arable  farmers  with 
simpler schemes to improve the farming practice. 

schemes, 

Commitment  of  IE  is  to  include  in  the  RDP  locally-led 
environmental 
scheme 
(previous  LIFE),  and  on  restoration  of  peatlands  on 
is  undergoing  preparation 
agricultural 
currently. 

including  Burren 

land.  This 

Figure  13  depicts  the  2014-2020  EU  Structural  and 
Investment Funds budget allocation for Ireland. 

Ireland  24 

Figure  13:  European  Structural  &  Investment  Funds 
2014-2020: Budget Ireland by theme, EUR billion94 

With regard to the integration of environmental concerns 
into  the  Common  Agricultural  Policy  (CAP),  the  two  key 
areas  for  Ireland  (as  for  all  Member  States)  are,  first, 
using Rural Development funds to pay for environmental 
land  management  and  other  environmental  measures, 
while  avoiding  financing  measures  which  could  damage 
the  environment;  and  secondly,  ensuring  an  effective 
implementation of the first pillar of the CAP with regard 
to  cross  compliance  and  1st  pillar  'greening'.  30  %  of 
direct payment envelope (out of total EUR 6.062.920.000 
is  allocated  to  greening  practices 
for  2015-2020) 
beneficial  for  the  environment.  An  environmentally 
ambitious  implementation  of  1st  pillar  greening  would 
clearly  help  to  improve  the  environmental  situation  in 
including 
areas  not  covered  by  rural  development, 
intensive area, and if appropriate Ireland could review its 
implementation of this. 

For  the  year  2015  Ireland  made  it  possible  to  use  11 
elements  laid  down  by  the  regulation  as  EFA  (out  of 
possible 19 elements). For the catch crops/green cover IE 
requests  EFA to  stay  in place  till the  1/12  and  therefore 
not protecting the soil during winter rainy season. For the 
short  rotation  coppice,  fertilisers  are  not  allowed  and 
pesticides  are  allowed  with  exception  of  2  years  (for 
which still derogation can be given).  2% of Natura 2000 
grasslands were designated as environmentally sensitive, 
0  ha  designated  outside  Natura  2000,  which  is,  after 
Portugal  and  Estonia  (1%),  the  lowest  relative  number 
and  represents  a  lost  opportunity  for  strengthening  the 
contribution of the CAP to protect high natural values. 

94 European Commission, European Structural and Investment Funds 

Data By Country 

Environmental Implementation Report – Ireland 

 
 
                                                            
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 spent95. 

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. 

Environmental Implementation Report – Ireland 

 
                                                            
5. Effective governance and knowledge  

Ireland  26 

SDG  16  aims  at  providing  access  to  justice  and  building 
effective,  accountable  and  inclusive  institutions  at  all 
levels. SDG 17 aims at better implementation, improving 
policy  coordination  and  policy  coherence,  stimulating 
science, 
innovation,  establishing 
partnerships and developing measurements of progress. 

technology 

and 

Effective governance of EU environmental legislation and 
policies  requires  having  an  appropriate 
institutional 
framework,  policy  coherence  and  coordination,  applying 
legal  and  non-legal  instruments,  engaging  with  non-
governmental  stakeholders,  and  having  adequate  levels 
of  knowledge  and  skills96.  Successful  implementation 
depends, to a large extent, on central, regional and local 
government  fulfilling  key  legislative  and  administrative 
tasks,  notably  adoption  of 
implementing 
legislation,  co-ordinated  action  to  meet  environmental 
objectives  and  correct  decision-making  on  matters  such 
as  industrial  permits.  Beyond  fulfilment  of  these  tasks, 
government  must 
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. 

intervene 

sound 

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 
into  account 
experiences  at  Member  State  level  with  putting  EU 
commitments  into  effect.  The  Make  it  Work  initiative,  a 
Member  State  driven  project,  established 
in  2014, 
organizes a discussion on how the clarity, coherence and 
structure  of  EU  environmental 
legislation  can  be 
improved without lowering existing protection standards. 

implemented  when 

it  takes 

Effective governance within central, regional 
and local government 

Those  involved  in  implementing  environment  legislation 
at  Union,  national,  regional  and  local  levels  need  to  be 
equipped  with  the  knowledge,  tools  and  capacity  to 
improve the delivery of benefits from that legislation, and 
the governance of the enforcement process. 

Capacity to implement rules 

It is crucial that central, regional and local administrations 
have  the  necessary  capacities  and  skills  and  training  to 

96 The Commission has work ongoing to improve the country-specific 
knowledge about quality and functioning of the administrative 
systems of Member States. 

carry out their own tasks and co-operate and co-ordinate 
effectively with each other, within a system of multi-level 
governance. 

The  2013  European  Quality  of  Government  Index  puts 
Ireland in place 10 out of the 28 Member States97. 

Much responsibility for compliance and enforcement lies 
with  approximately  30  small 
local  authorities.  The 
Environmental Protection Agency (EPA) is responsible for 
licensing  and  controlling  major  industrial  and  waste 
facilities and for co-ordinating environmental monitoring. 
Since 2003, the EPA includes an Office of Environmental 
Enforcemen98t,  responsible  for  pushing  local  authorities 
to, inter alia, better enforce waste rules. Since 2014, Irish 
full  responsibility  over  water  services 
Water  has 
(drinking,  waste  water)  in  the  country  (before  34  local 
authorities). 

The transposition of the revised EIA Directive99 will be an 
opportunity  to  streamline  the  regulatory  framework  on 
environmental assessments. The Commission encourages 
the  streamlining  of  the  environmental  assessments 
because  this  approach  reduces  duplication  and  avoids 
unnecessary  overlaps 
in  environmental  assessments 
applicable 
a  particular  project.  Moreover, 
streamlining  helps  reducing  unnecessary  administrative 
burden  and  accelerates  decision-making,  without 
compromising 
the  environmental 
assessment  procedure.  The  Commission  has  issued  a 
guidance document in 2016100 regarding the setting up of 
coordinated 
are 
simultaneously  subject  to  assessments  under  the  EIA 

joint  procedures 

the  quality  of 

and/or 

that 

for 

97European Quality of Government Index, 2016.  
98 The Irish authorities informed the Commission that, in 2015, three 
waste Enforcement Regional Lead Authorities (WERLAs) were 
announced, which are tasked with driving further performance 
improvements by individual local authorities. 

99 The transposition of Directive 2014/52/EU is due in May 2017 
100 European Commission, 2016. Commission notice — Commission 
guidance document on streamlining environmental assessments 
conducted under Article 2(3) of the Environmental Impact 
Assessment Directive (Directive 2011/92/EU of the European 
Parliament and of the Council, as amended by Directive 2014/52/EU). 

Environmental Implementation Report – Ireland 

 
 
                                                            
 
                                                            
Directive, Habitats Directive, Water Framework Directive, 
and the Industrial Emissions Directive. 

The  implementation  of  this  new  Directive  is  also  an 
opportunity  that  the  Irish  authorities  should  use  to 
ensure  that  previous  practices  of  granting  development 
consent and allowing construction to go ahead before all 
environmental  permitting  processes  are  completed  are 
not repeated in future.  

The  Commission  has  some  concerns  with  respect  to  the 
transposition of the Strategic Environmental Assessment 
(SEA)  Directive.    There  have  been  quite  a  number  of 
complaints  that  the  Directive  is  not  properly  applied  in 
the  area  of  energy 
infrastructure,  particularly  with 
respect  to  wind  farm  development.  The  SEA  Directive 
provides a key opportunity for the environmental impacts 
of alternatives to a proposed project to be fully assessed 
and for the public to comment.  

In  general 
communicating new implementing legislation on time. 

Ireland  has  a  very  good  record 

for 

Ireland 

is  reasonable. 
in 
Compliance  performance 
However, there is a regular inflow of complaints (around 
40 in total) concerning, inter alia, the planning and nature 
sectors.  In  the  past  years  Ireland  has  focused  on 
and 
decreasing 
implementing  a  number  of  Court  judgments.  There  are 
currently infringements in the following areas: 

infringements 

number 

the 

of 

 

Five  Article  258  TFEU  Infringements:  2010/2161 
(protection  of  Natura  2000  peat  bogs),  2013/2056 
(UWWT 
agglomerations), 
2015/2006  (SAC  designation),  2007/2238  (Water 
Framework  Directive  2000/60/EC)  and  2012/4028 
(access to justice 2003/35/EC, inter alia on costs); 

91/271/EEC, 

small 

  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). 

its  waste  sector,  closed 

  To  comply  with  the  ruling  by  the  Court  of  Justice  in 
case C-494/01, Ireland implemented a major reform 
of 
landfills  and 
financed costly clean-up and remediation works. The 
reforms  were  carried  out  in  close  cooperation  with 
the Commission, resulting in a system that ensures a 
high  level  of  compliance  with  EU  waste  legislation.  
The new legislation transformed the waste sector in 
Ireland. This offers useful lessons to other countries. 

illegal 

  The  Irish  authorities  have  cooperated  closely  with 
the  Commission  and  taken  a  proactive  approach 
towards  managing  complaints  referred  back  to  it  in 
the  environmental  sector.  This  has  allowed  certain 
cases  to  be  solved  successfully  at  national  level 
without close involvement of the Commission 

Ireland  27 

Compliance assurance 

EU  law  generally  and  specific  provisions  on  inspections, 
other  checks,  penalties  and  environmental  liability  help 
lay the basis for the systems Member States need to have 
in  place  to  secure  compliance  with  EU  environmental 
rules. 

Public  authorities  help  ensure  accountability  of  duty-
holders by monitoring and promoting compliance and by 
taking credible follow-up action (i.e. enforcement) when 
breaches occur or liabilities arise. Compliance monitoring 
can  be  done  both  on  the 
initiative  of  authorities 
themselves  and  in  response  to  citizen  complaints.  It  can 
involve  using  various  kinds  of  checks, 
including 
inspections  for  permitted  activities,  surveillance  for 
possible  illegal  activities,  investigations  for  crimes  and 
audits for systemic weaknesses. Similarly, there is a range 
of  means  to  promote  compliance,  including  awareness-
raising  campaigns  and  use  of  guidance  documents  and 
online  information  tools.  Follow-up  to  breaches  and 
liabilities  can 
(e.g. 
withdrawal of a permit), use of criminal law101 and action 
law  (e.g.  required  remediation  after 
under 
damage  from  an  accident  using 
liability  rules)  and 
contractual  law  (e.g.  measures  to  require  compliance 
with  nature  conservation  contracts).  Taken  together,  all 
of these interventions represent "compliance assurance" 
as shown in Figure 14.  

include  administrative  action 

liability 

Figure 14: Environmental compliance assurance 

Best  practice  has  moved  towards  a  risk-based  approach 
at strategic and operational levels in which the best mix 
of compliance monitoring, promotion and enforcement is 
directed at the most serious problems. Best practice also 
recognises  the  need  for  coordination  and  cooperation 
between  different  authorities  to  ensure  consistency, 
avoid  duplication  of  work  and  reduce  administrative 
burden. Active participation in established pan-European 
networks  of  inspectors,  police,  prosecutors  and  judges, 

101European Union, Directive 2008/99/EC of The European Parliament 
and of the Council of 19 November 2008 on the protection of the 
environment through criminal law.  

Environmental Implementation Report – Ireland 

 
 
                                                            
Ireland  28 

such as  IMPEL102,  EUFJE103, ENPE104  and EnviCrimeNet105, 
is  a  valuable  tool  for  sharing  experience  and  good 
practices. 

Currently, there exist a number of sectoral obligations on 
inspections  and  the  EU  directive  on  environmental 
liability  (ELD)  106  provides  a  means  of  ensuring  that  the 
"polluter-pays  principle" 
is  applied  when  there  are 
accidents  and  incidents  that  harm  the  environment. 
information  giving 
There 
insights  into  existing  strengths  and  weaknesses  in  each 
Member State.  

is  also  publically  available 

For  each  Member  State,  the  following  were  therefore 
reviewed:  use  of  risk-based  compliance  assurance; 
coordination  and  co-operation  between  authorities  and 
participation in pan-European networks; and key aspects 
of implementation of the ELD based on the Commission's 
recently  published  implementation  report  and  REFIT 
evaluation.107  

improve  the  effectiveness  of 

Over  the  last  decade,  Ireland  has  taken  important  steps 
its  environmental 
to 
compliance  assurance  system.  An  evolution  towards 
more  strategic  planning  and  risk-  and  outcome-based 
approaches is exemplified by the following:  

  Compliance  promotion 

is  an 

integral  part  of 
compliance  assurance  in  several  important  areas, 
e.g.  in  2013,  Ireland's  first  national  inspection  plan 
for  domestic  waste-water 
systems 
included  a  national  public  awareness  campaign  to 
promote best practice relating to the operation and 
the  country's  400,000  septic 
maintenance  of 
tanks108.  This  plan  also 
involved  a  risk-based 
approach focused on risks such as threats to drinking 

treatment 

102 European Union Network for the Implementation and Enforcement 

of Environmental Law, 2016  

103 European Union Forum of judges for the environment, 2016  
104European Network of Prosecutors for the Environment, 2016  
105 EnviCrimeNet, 2016  
106 European Union, Directive 2004/35/CE of the European Parliament 
and of the Council of 21 April 2004 on environmental liability with 
regard to the prevention and remedying of environmental damage 
(OJ L 143, 30.4.2004, p.56) 

107 COM(2016) 204 final and COM(2016) 121 final of 14.4.2016. This 

highlighted the need for better evidence on how the directive is used 
in practice; for tools to support its implementation, such as guidance, 
training and ELD registers; and for financial security to be available in 
case events or incidents generate remediation costs. 

108 The campaign aimed to communicate key messages via a series of 
channels e.g. web based, videos, animations, FAQs workshops, 
presentations, TV, local radio interviews etc. and inform DWWTS 
owners of the role they can play to protect their health, that of their 
neighbours and the environment. Owners were to be made aware of 
the simple steps they can take to properly operate and maintain their 
system as well as raising awareness as to the health implications in 
the case of a non-compliant DWWTS. Source: Study on 'Information 
collection and impact assessment of possible requirements for 
environmental inspections in the area of EU legislation on water, 
nature protection and trade in certain environmentally sensitive 
goods', Institute for European Environmental Policy, 2013, p. 135,  

 

 

classic 

water supplies109. 
Inspection  planning  is  well  developed  in  Ireland, 
going  beyond  planning  of 
industrial 
inspections110. 
Ireland's Environmental Protection Agency (EPA) has 
spearheaded  the  use  of  peer  reviews  at  national 
level  to  help  ensure  the  quality  and  consistency  of 
the  inspection  and  enforcement  plans  prepared  by 
Irish  local  authorities111and  has  also  introduced  a 
system 
these 
authorities112.  

performance 

review 

of 

of 

  The  EPA  has  developed  a  Licencing,  Monitoring  and 
Assessment  system  (LEMA)  which  allows  effective 
data  collection  and  analysis,  risk  assessment  and 
targeting of compliance assurance work for industrial 
installations that are overseen by the EPA itself. 
  The court of justice imposed fines on Ireland for non-
compliance  with  EU  law  provisions  in  the  field  of 
waste, and penalty payments remaining due as long 
as the judgements of the court are not fully executed 
by the Member State113. At the same time, Ireland is 
also  developing  administrative-law  approaches  to 
dealing with non-compliance.  

Ireland  has  sought  to 
improve  co-ordination  and 
local  authorities  and  other 
its 
consistency  amongst 
compliance assurance authorities through a Network for 
Ireland's  Environmental  Compliance  and  Enforcement 
(‘NIECE’)  coordinated  by  the  Office  of  Environmental 
Enforcement in the EPA114. As regards trans-boundary co-
operation and coordination with the United Kingdom on 
waste,  a  working  group  was  set  up  to  deal  with  illegal 
waste  movements.  This  has  used  the  combined  skills  of 

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 
underpins the inspection plan. Further, an international symposium 
on domestic waste water treatment systems was held in Trinity 
College Dublin. This event was attended by over 250 researchers, 
policy makers, local authority staff and practitioners. The symposium 
provided a forum for debate and discussion between national and 
international delegates.  

110 The Environmental Enforcement Network has developed catchment-
level enforcement plans in the area of water enforcement. See for 
details 'Comparative Study of Pressures and Measures in the Major 
River Basin Management Plans, Task 1c Enforcement systems', Milieu 
2013, p. 14-16 and Annex III 'Quantitative information on 
enforcement activities'. 

111 Source: http://www.epa.ie/enforcement/network/ 
112 The EPA's performance report on the 31 local authorities is 

available at 
http://www.epa.ie/enforcement/pa/performanceframework/. There 
are summary results for each individual local authority and combined 
results to give a picture of local government enforcement.  
113 Following a prosecution on behalf of the Irish Environmental 

Protection Agency, in October 2015 the Dublin Circuit Court fined a 
landfill operator EUR 20 million for nuisance odours and pollution 
offences.  

114 Information about the NIECE members and the network’s functions 

is available here. 

Environmental Implementation Report – Ireland 

 
                                                            
 
                                                            
Ireland  29 

local  authorities,  the  EPA,  government  departments,  An 
Garda  Síochána,  the  National  Bureau  of  Criminal 
Investigations, and the authorities in Northern Ireland to 
identify  the  issues  that  need  to  be  tackled  and  to  work 
together  towards  better  enforcement115.  Ireland actively 
contributes to the work of IMPEL (in particular the IMPEL 
Waste and TFS Expert Team) and ENPE.  

Additional  up-to-date  information  would  be  useful  in 
relation to the following: 

  The extent to which risk-based methods are used to 
direct  compliance  assurance  in  specific  problem-
areas  highlighted  elsewhere  in  this  Country  Report, 
i.e.  the  threats  to  protected  habitat  types  and 
species116,  and  the  pressures  on  water  quality  from 
diffuse  water  pollution  and  lack  of  waste-water 
treatment. 

Public participation and access to justice 

The  Aarhus  Convention,  related  EU  legislation  on  public 
participation and environmental impact assessment, and 
the case-law  of  the  Court  of Justice  require  that  citizens 
and  their  associations  should  be  able  to  participate  in 
decision-making  on  projects  and  plans  and  should  enjoy 
effective environmental access to justice. 

Citizens  can  more  effectively  protect  the  environment  if 
they can rely on the three "pillars" of the Convention on 
Access  to  Information,  Public  Participation  in  Decision-
making  and  Access  to  Justice  in  Environmental  Matters 
("the  Aarhus  Convention").  Public  participation  in  the 
administrative  decision  making  process  is  an  important 
element to ensure that the authority takes its decision on 
the  best  possible  basis.  The  Commission  intends  to 
examine compliance with mandatory public participation 
requirements more systematically at a later stage. 

Access  to  justice  in  environmental  matters  is  a  set  of 
guarantees  that  allows  citizens  and  their  associations  to 
challenge  acts  or  omissions  of  the  public  administration 
before  a  court. 
for  decentralised 
It 
implementation of EU environmental law. 

is  a 

tool 

For  each  Member  State,  two  crucial  elements  for 
effective  access  to  justice  have  been  systematically 
reviewed:  the  legal  standing  for  the  public,  including 
NGOs and the extent to which prohibitive costs represent 
a barrier. 

In Ireland, the rights of standing for environmental NGOs 
to bring legal actions have been largely enshrined in law, 
although  some  smaller  gaps  remain  with  regard  to 
bringing  challenges  related  to  forestry  and  dumping  of 
waste  at  sea.  Whilst  rules  on  costs  have  also  been 
amended,  the  high  costs  still  facing  environmental 
litigants remains a concern as it prevents the public from 
bringing environmental cases to the national courts. 

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 
expensive, and in line with the requirements of EU law 
as  well  as  the  Convention  on  Access  to  Information, 
Public  Participation  in  Decision-making  and  Access  to 
Justice in Environmental Matters (Aarhus Convention). 

that 

cases 

resulted 

liability,  but  not  one 
incident 

For  the  years  between  2007  and  2013,  Ireland  reported 
several  pending 
involving 
and  dismissed 
confirmed 
environmental 
environmental  damage 
in 
remediation  under  Irish  legislation  giving  effect  to  the 
Environmental  Liability  Directive.  While  Ireland  has  not 
introduced  mandatory  financial  security,  it  has  provided 
guidance and the authorities have to assess the financial 
viability of operators when granting or updating permits. 
The Irish EPA is currently focusing on improving financial 
provision117 for key facilities118. However, it is not evident 
that the market is providing insurance covering liabilities 
under the Directive. 

Suggested action 

  Improve 

transparency  on 

the  organisation  and 
functioning  of  compliance  assurance  and  on  how 
significant risks are addressed, as outlined above. 

  Continue the current work aimed at improving financial 
provision, and take further steps to ensure an effective 
system of financial security for environmental liabilities 
under  the  ELD  (so  that  operators  not  only  have 
insurance  cover  available  to  them  but  actually  take  it 
up). 

115 This includes joint enforcement action, such a co-ordinated action in 

Ireland, Northern Ireland and Scotland. The impacts of this co-
operation is to ensure criminals do not use borders to escape 
detection and, therefore, to increase markedly the efficiency of 
compliance enforcement.  

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/ 

Environmental Implementation Report – Ireland 

 
                                                            
 
 
 
 
 
Ireland  30 

existing INSPIRE licence shall be superseded by open data 
policy in 2016. 
Assessments  of  monitoring  reports124  issued  by  Ireland 
and the spatial information that Ireland has published on 
the  INSPIRE  geoportal125  indicate  that  not  all  spatial 
information 
and 
for 
implementation of EU environmental law has been made 
available  or  is  accessible.  The  larger  part  of  this  missing 
spatial  information  consists  of  the  environmental  data 
required  to  be  made  available  under  the  existing 
reporting 
EU 
environmental law. 

and  monitoring 

regulations 

evaluation 

needed 

the 

of 

Suggested action 

  Identify and document all spatial data sets required for 
the  implementation  of  environmental  law,  and  make 
the data and documentation at least accessible 'as is' to 
other  public  authorities  and  the  public  through  the 
digital services foreseen in the INSPIRE Directive 

Access to information, knowledge and 
evidence 

The  Aarhus  Convention  and  related  EU  legislation  on 
access  to  information  and  the  sharing  of  spatial  data 
require that the public has access to clear information on 
the environment, including on how Union environmental 
law is being implemented. 

authorities 

public 
the  public, 

and 
increasingly 

It is of crucial importance to public authorities, the public 
and business that environmental information is shared in 
an  efficient  and  effective  way.  This  covers  reporting  by 
active 
and 
businesses 
through 
to 
dissemination 
electronic means. 
The  Aarhus  Convention119,  the  Access  to  Environmental 
Information  Directive120  and  the  INSPIRE  Directive121 
together  create  a  legal  foundation  for  the  sharing  of 
environmental  information  between  public  authorities 
and with the public. They also represent the green part of 
the  ongoing  EU  e-Government  Action  Plan122.  The  first 
to  provide 
two 
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.  

create  obligations 

instruments 

For  each  Member 
accessibility  of 
State, 
environmental data (based on what the INSPIRE Directive 
envisages)  as  well  as  data-sharing  policies  ('open  data') 
have been systematically reviewed.  

the 

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  report123  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 
policy  is  one  of  the  cornerstones  of  IE  policies.  The 

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 

123European Commission, 2016. INSPIRE: Monitoring and Reporting   

124 Inspire indicator trends   
125  Inspire Resources Summary Report 

Environmental Implementation Report – Ireland