Why did the European Commission bring forward the proposal?

High-level EU targets covering climate and the environment were agreed under the EU Biodiversity strategy, the Farm to Fork strategy and the European Green Deal around 2020.

These policies set overarching targets to be reached across the EU, but contain little detail how the targets will be met or the regulations that will be used to meet them.

What will rewetting actually look like for farmers?

The initial proposal from the European Commission lacked detailed definitions of key terms including 'rewetting'.

Definitions in different proposed versions of the law have varied from bringing the water table to near or at ground level, to any process of making a peat soil wet.

The Commission has maintained that economic activity, such as farming and forestry, can still continue on areas that are being rewet or restored.

The level to which farmers can continue to farm will remain unknown until details are finalised and a clear definition of rewetting is agreed.

What does restoration mean?

Ireland will have to come up with a list of restoration measures that suit local conditions and which will meet the regulation’s targets.

In its initial proposal, the Commission detailed a list of possible restoration measures, which include “abandoning harvesting”, promoting “wilderness” and creating biodiversity areas with buffer strips or hedgerows.

Other measures listed are to “stop or reduce” the use of fertiliser, slurry and pesticides on farmland or to reduce grassland stocking rates.

What is Ireland’s area of drained farmed peatlands?

It is estimated that Ireland has around 330,000ha of drained farmed peatlands (the area of peatlands farmed but not drained is higher, but the focus of the restoration law is on those that have been drained).

Former turf cutting and peat moss extraction sites can count towards targets once rewet. / Philip Doyle

These lands will need to be more accurately mapped over the period of 2024 to 2026 to determine more precisely the area of peatland Ireland will have to restore and rewet to meet its targets.

How much of this land will need to be restored or rewet?

Under the Commission’s original proposal, 70% of drained farmed peatlands should be restored and at least half of this area rewet by 2050.

This is the equivalent of 230,000ha being restored, of which 115,00ha is rewet by 2050.

The latest position of EU ministers calls for these figures to be softened, suggesting that only 50% of drained farmed peats should need restoring by 2050, half of which would be rewet.

These targets would represent areas of 165,000ha and 82,500ha, respectively.

The European Parliament’s environment committee has signalled that it will seek higher targets than those originally put forward by the Commission.

Extensive mapping is needed over the two-year period between the regulation passing and the national restoration plan being submitted to accurately know how much land will be affected.

Can bogs be rewet instead of farmland?

Under the Commission’s proposal, areas used to extract peat in the past can count towards targets once rewet or restored.

Bord na Móna manages approximately 80,000ha of State land, the vast majority of which is peatland.

Government has suggested that these will be the first lands used to meet targets, but the ballpark targets listed above show that farmland will still have to be put under restoration measures for targets to be reached.

Will I be forced to rewet or restore my farmland?

The standing of the targets will be legal, with the obligation on the State to meet the targets.

The extent to which farmers can continue to farm will depend on how rewetting is defined in the final draft of the law.

Government has suggested that no farmers will be forced to rewet or restore land and that it will seek to incentivise the measures instead of forcing them on farmers.

Will farmers be paid for rewetting or restoring farmland?

The European Commission has indicated that existing funds, such as the CAP, should be used to cover the costs and any compensation needed to finance the proposals.

However, many member states, including Ireland, have said that new funding streams must be brought forward to allow the targets to be met.

No new sources of funding have been confirmed yet.

When will the proposed law be finalised?

It is expected that both the European Parliament and member states (through their environment ministers) will have their position firmed up by summer 2023.

After this, all three (parliament, council and commission) will sit down to negotiate a version of the law that is acceptable to all of them in trilogue discussions.

The European Commission plans on concluding trilogue negotiations before the end of the year to bring it into force in 2024.

Why is the proposal taking the form of a regulation/law and not a directive?

Farmers will be familiar with other EU legislation that governs farming practices that do not take the form of a law or regulation, for example the nitrates directive when it comes to stocking rate limits and fertiliser rules.

Directives generally take two years to be transposed into law in each member state, setting targets which can be reached using national laws and policies.

Regulations come into effect right across the EU as soon as they are signed into law, being applied the same in all EU member states.

By going down the route of a law, the actions that must be taken can be outlined “more precisely and in more detail”, as well as starting “sooner on the ground”.

Does the proposal only cover rewetting and the restoration of peatlands?

No. Targets have been set for a range of ecosystems in need of restoration, from forestry to tillage ground.

Other key indicators the law will apply to farmland include the level of organic matter in tillage soils, the grassland butterfly index and the share of agricultural land with “high-diversity” landscape features.

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