The Nature Restoration Law (NRL) “neither interferes with nor amends” regulations around payments under the Common Agricultural Policy (CAP), according to the European Commissioner for the Environment Virginijus Sinkevicius.
In a letter to Irish MEP Billy Kelleher, Commissioner Sinkevicius addressed concerns that the implementation of the law, which was adopted by the European Parliament last week, could potentially see payments under CAP curtailed.
Concerns around CAP payments are just some of the concerns raised by farm organisations in Ireland and abroad, as well as rural politicians here.
Commissioner Sinkevicius said that there is “no direct link” between, on the one hand, classification of a land area as in good or not good condition under the Nature Restoration Law, and, on the other hand, conditionality in CAP under the Good Agricultural and Environmental Practices (GAECs) and the statutory management regulation (SMRs).
“It is quite possible that all obligations under each GAEC standard and SMRs are respected in a given land area and, at the same time, such area hosts a…habitat type that is not in good condition (as defined under the NRL),” the commissioner said.
“CAP payments depend on definitions and conditions as set out in [CAP-related EU regulations] and in the CAP strategic plans. NRL neither interferes with those conditions nor amends CAP applicable regulations,” he added.
Commissioner Sinkevicius’ letter also addresses the definition of “restoration” on drained peatlands under the law.
“Such type of restoration can have different objectives and contribute to different targets of the Nature Restoration Law.
“It can take place in order to retore active peatland habitats or habitats of species that fall in the scope of the birds and habitats directives, or it can have the objective of generally improving the ecosystem as a means of conserving or enhancing biodiversity and ecosystem resilience, including with a view to providing climate benefits,” he added.
The commissioner said that the measures to be taken “need to be established by the member states on a case-by-case basis”.
“Regarding the voluntary or obligatory nature of peatland restoration on privately owned land,
the Nature Restoration Law targets and obligations are addressed to member states. It will be
for member states to set out how to implement them in their national restoration plans,” he said.
“The restoration measures…will be identified by member states in their plans, after consultation with all relevant stakeholders. The modalities of how such measures will apply will also be defined by the member states, i.e. whether to make such measures, or part of them, obligatory for farmers will be decided by the member states.”
According to the commissioner, it is possible that measures under the NRL can be incentivised through agri-environmental payments or eco-schemes.
Commissioner Sinkevicius went on to tell Kelleher that the peatland restoration targets outlined in Ireland’s Climate Action Plan “would alone most likely achieve” the 2030 targets for drained peatlands set out in the NRL.
Responding to the commissioner’s letter, Fianna Fáil TD Kelleher said the letter provided “positive clarifications”.
“Put simply, the implementation of the NRL in Ireland is fundamentally in the hands of the Irish government, and there is considerable flexibility being afforded to member states. Additionally, the implementation of the NRL will have no bearing on CAP and, in particular, CAP payments.”
Kelleher said that the definition of restoration provided by the commissioner “should not scare farmers or landowners”.
“In many respects, it is no different to what farmers are already doing as part of a multitude of agri-environmental schemes under CAP,” he added.
“Based on what has been said by the various ministers, I am fully confident there will be no mandatory obligations on Irish farmers or landowners,” the MEP said.