Ireland could be referred to the Court of Justice of the European Union (CJEU) if it does not take the necessary measures in response to a new reasoned opinion issued by the Commission.

The Commission previously sent a letter of formal notice in January 2011 followed by a reasoned opinion in June 2011.

The EU views the protection and restoration of peat bogs as important for biodiversity and meeting climate change goals. Peat bogs are “vital carbon sinks when healthy”, and release very high carbon and other air pollution emissions when burnt as a fuel.

The Commission acknowledges that Irish authorities have taken action to stop cutting, including by compensating peat and turf cutters, but warns that cutting activities are still ongoing and enforcement action “appears to have stalled”.

Restoration activities have begun on some raised bogs SACs, but this is “too slow given the importance of this priority habitat and its precarious state”, the Commission has said, and with regard to blanket bogs SACs, there appears to be no regime controlling ongoing cutting with the cutting for domestic use exempt from control.

Ireland now has two months to respond and take the necessary measures in response to the additional reasoned opinion.