The European Commission has informed An Taisce that it will not authorise an "internal review" of the decision to extend Ireland's nitrates derogation for a further three years.

The commission officially extended the derogation last December with additional conditions, including the evaluation of environmental impacts.

Following this move An Taisce asked the European Commission to reconsider its decision to extend Ireland's derogation.

According to Dr. Elaine McGoff, head of advocacy with An Taisce, "Ireland has a serious water pollution problem that isn’t getting any better, caused largely by agricultural nitrogen".

In a submission filed in March of this year An Taisce told the commission that it "lacked the power to grant this derogation because it was not justified on environmental grounds".

In its internal review request, An Taisce also argued that the commission’s decision to grant Ireland a derogation "was made without justification and in any event relied on ineffective measures".

According to An Taisce, this jeopardised "the aims of the Habitats Directive and the Water Framework Directive, and therefore raises serious doubt over the legal justification for the derogation decision". 

Following the submission in March, Dr. McGoff said: Given our poor track record on protecting water quality nationally, we are looking to the European Commission to drive better compliance with EU law by the Irish Government.

"We believe it is important that the legal and ecological rationale of the decision be reviewed by the commission".

Nitrates derogation

However the European Commissioner for the Environment, Water Resilience and a Competitive Circular Economy, Jessika Roswall, has told An Taisce that while its request for a review is "admissible" it is also unfounded.

Her office has advised the organisation that it can refer the matter to the European Ombudsman or to the General Court of the EU.

An Taisce told Agriland that it is "currently reviewing this decision and considering our next steps".