Ireland may have to deliver a reduction in chemical nitrogen (N) allowance of 5% and introduce increase "buffer zones" in specific areas to secure an extension of the nitrates derogation, Agriland understands.

Earlier this year the European Commission had also written to the Irish government seeking "assurances" that Ireland had to demonstrate compliance with the Habitats Directive in relation to any nitrates derogation.

There are 600 sites in Ireland designated under the Habitats Directive and the Birds Directive. Sites range in size from 1ha up to 76,000ha.

The Minister for Agriculture, Food and the Marine, Martin Heydon has repeatedly stressed that retention of the nitrates derogation has been a "key priority" for him and the government.

If Ireland were to secure a further nitrates derogation it would be for a period of three years and it is understood that this would be subject to Ireland meeting the necessary assessments under the Habitats Directive.

Nitrates derogation

Agriland also understands that the European Commission wants to see increased buffer zones introduced in specific catchment areas for derogation farmers only, in order for Ireland to secure a new derogation.

These catchments are believed to include Barrow, Nore, Slaney and Blackwater, but new conditions would not come in until 2028 to allow time for farmers to make the necessary preparations in advance.

Irish dairy farmers are now anxiously awaiting the outcome of a crucial vote on the nitrates derogation by the EU's Nitrates Committee, which is scheduled for December 9, so nothing is guaranteed until that vote takes place.

The nitrates derogation allows farmers to exceed the limit of 170kg of livestock manure nitrogen per hectare set down in the Nitrates Regulations, up to a maximum of 220kg/ha (250kgha in a minority of places), subject to adherence to stricter rules.

If Ireland secures a renewal of the nitrates derogation after next January it will be the only EU member state with a derogation in place.

The European Commission had pushed for "additional conditionality proposals" from Ireland during intense discussions which had been ongoing around the nitrates derogation.

These included a reduction to stocking limits and also a "restriction on new entrants" however it's understood, Minister Heydon and the government refused to consider these conditions and pushed back on them.