Farmers with designated lands need clarity following a 2023 European court ruling, the Irish Natura and Hill Farmers' Association (INHFA) is urging.

The INHFA has called for clarity on a ruling made by the European Court of Justice in June of 2023, where Ireland was found to have "failed to fulfil its obligations under Articles 4(4) and 6(1) of the Habitats Directive" in relation to lands designated as candidate sites for special areas of conservation (SACs).

The court said in 2023 that Irish legislation does “not satisfy” the specific obligations contained in the Habitats Directive, which aims to ensure that species and habitat types “are maintained, or restored, to a favourable conservation status within the EU”.

INHFA national president Vincent Roddy stressed the need for clarity on this issue.

He said this has "wide-reaching implications for farmers currently operating on SAC lands", and also for farmers seeking a derogation under the nitrates regulation, as these derogations "will have to be compliant with the Habitats Directive".

"It is important to understand the context behind the ruling which goes back to 1997, where land areas were first identified as possible SAC sites and given the title of candidate SAC sites," Roddy said. 

"This candidate status was given to provide protection to these sites while allowing the state to assess them, put in place a management plan for each site and provide legal protection through a statutory instrument.

"All of this was to be completed within six years and the reason they have a timeframe relates to the fact that, the likelihood of the site remaining the same decreases as time passes, and this could over time result in partial or complete loss of the original habitat.”

There are still sites that have not been legally ratified and given a site specific management plan as required under the Habitats Directive, the INHFA said.

Roddy said that it is over two years since the court decision, and there is "no apparent progress".

"In the meantime, farmers that are deemed to be non-compliant with SAC regulation can be expected to have heavy penalties under CAP conditionality," Roddy said.

The INHFA leader stressed the need to provide legal clarity, emphasising that “this is an urgent issue the state must address and pay for.”