An Environmental Protection Agency report is set to be delivered today (Friday, June 30), in line with European Commission requirements, on how Ireland is adhering to the conditions set out under the Nitrates Derogation.

The European Commission imposed “conditionality” around water quality trends when it awarded Ireland its current Nitrates Derogation.

Their “Implementing Decision” states that where water quality is poor, or where worsening trends occur over the period 2021-2022, the maximum livestock manure N/ha limit must be reduced from 250kg N/ha to 220kg N/ha from January 2024.

Agriland understands that the EPA has outlined that its latest analysis of water quality data does not support a substantial number of farmers to farm to a higher stocking rate of 250kg organic manure nitrogen per hectare.

The EPA yesterday (Thursday, June 29) provided a briefing to the Agriculture Water Quality Working Group – which includes representatives of farm organisations, Teagasc, private agricultural consultants, Local Authorities, An Fóram Uisce and officials from the Department of Housing, Local Government and Heritage as well as the Department of Agriculture, Food and the Marine – on the latest water quality data.

In related material seen by Agriland the EPA highlighted to the group that a significant percentage of the county will likely see the N/ha limit reduced from 250kg N/ha to 220kg N/ha.

When the European Commission granted Ireland’s Nitrates Derogation for 2022-2025, it set out a requirement that Ireland had to conduct an interim review of water quality this year.

Under the terms of the current Nitrates Action Programme (NAP) if data indicates that there are polluted waters; or waters at risk of pollution that are not showing signs of improvement; or where worsening trends have occurred over this [two-year] period, the maximum stocking-rate limit for derogation farms will be reduced from 250kg to 220kg livestock manure nitrogen per hectare from 2024 onwards.

Agriland understands that based on the EPA’ s analysis these three requirements have not been met.

Under current nitrates legislation, the legal stocking rate is 170kg N/ha and the derogation allows some farmers to exceed this, to a maximum limit of 250kg.

The Department of Housing, Local Government and Heritage (DHLGH) are the lead government department in relation to the nitrates regulations.

There has been serious concern voiced by many farming organisations about the impact that a reduction in the nitrates derogation to 220kg N/ha would have on farmers.

It has been estimated that the a reduction in the current level could remove €236 million from the rural economy.

Minister for Agriculture, Food and the Marine, Charlie McConalogue, last month told the Dáil that he would “push for the best possible outcome for farmers” in relation to the water-quality report.

Minister McConalogue said: “We are preparing a case to engage further with the European Commission with the objective of seeking flexibility from them on the two-year water-quality review with a view to giving existing measures more time to demonstrate their impact.

“We will push for the best possible outcome for farmers in this process, however, there is no guarantee that there will be a change to the commission’s implementing decision as it stands,” the minister said at the time.