The Department of Agriculture and the Marine (DAFM) carried out a total of 718 inspections on farm inspections with a nitrates derogation in 2022 latest figures show.

According to the Minister for Agriculture, Food and the Marine following these inspections 47 applicants were ruled to be “non-compliant” with the terms and conditions of the 2022 nitrates derogation.

Minister Charlie McConalogue said: “These applicants were rejected from the 2022 nitrates derogation and subsequently ineligible to avail of the nitrates derogation in 2023.”

In response to a parliamentary question tabled by Independent TD, Catherine Connolly, the minister said these farmers were then subject to the limit of 170kg organic nitrogen (N)/ha.

“If the farmer breached that limit, or where other breaches of Statutory Management Requirement (SMR) 1 were identified on inspection, a penalty was applied to the applicant’s Basic Payment Scheme (BPS) and other Common Agricultural Policy (CAP) schemes, as appropriate,” he added.

Nitrates derogation

According Minister McConalogue, during 2022 a further 41 nitrates derogation applicants were found on inspection to be non-compliant with SMR 1.

“In each of these cases a sanction was applied to the applicant’s BPS and other CAP schemes, as appropriate,” he added.

The minister told Deputy Connolly that the results of inspections carried out in 202 is “not yet available” because in some cases fertiliser records are still be checked.

Minister McConalogue added: “This work is progressing with the objective of submitting details regarding 2023 to the European Commission by June 30, 2024 in line with the requirements set down in the commission implementing decision granting Ireland’s current nitrates derogation.”

Earlier this week one of the country’s largest co-op’s warned that the uncertainty surrounding the future of Ireland’s nitrates derogation was a significant challenge for the dairy industry.

Chair of Dairygold, Seán O’Brien, said “the removal of the derogation would significantly curtail milk production, impacting the viability of the entire industry”.

The co-op chair also said that Dairygold is very conscious of the “significant impact” of the 2023 nitrates derogation mid-term review – which resulted in a reduction of the derogation to 220kg of organic nitrogen (N)/ha in some areas – combined with the nitrates banding changes announced in 2022.