The Irish Natura and Hill Farmers’ Association (INHFA) has called for any further developments among EU member states on the Nature Restoration Law to be paused.

This should be done pending clarity on the legality of the vote taken by the EU Council of Ministers that approved the law, the organisation said.

In a letter to the European Commission, the INHFA asked EU Institutions to “hold the implementation of this law in abeyance until the courts have adjudicated on the lawfulness of the Council vote conducted by the EU environment ministers”.

Austria has indicated it will challenge the decision to approve the law which was given the final seal of approval by EU environment ministers at a Council of Ministers meeting on Monday 10 June.

The Austrian government planned on abstaining to leave the law without a qualified majority, but the country’s Green environment minister Leonore Gewessler broke ranks and voted in favour.

European Court of Justice

INHFA president Vincent Roddy said he expects this challenge will be taken to the European Court of Justice (ECJ).

“We expect, made on the basis that the Austrian environment minister voted contrary to the instructions given by her chancellor, an action that facilitated the passing of the law by virtue of meeting the minimum threshold to deliver the qualified majority needed.”

Roddy added that there could be a challenge in the Austrian courts, but that “the challenge to the ECJ is the one that could derail the nature restoration law across all of Europe."

Irish letter

The organisation has also written to Minister Malcolm Noonan, who has responsibility for the implementation of the law in Ireland.

The INHFA requested Ireland holds off in the development of a National Restoration Plan until clarity is provided around the legality of the Council of Ministers’ decision.

“For laws to be effective they must apply to all people and institutions and not just the little guy,” Roddy added.