In a statement today (Wednesday, September 6) Minister for Agriculture, Food and the Marine Charlie McConalogue said that the European Commission has confirmed that there is “no prospect” of re-opening the current commission decision on Ireland’s nitrates derogation.
The minister met with Commissioner for Environment Virginijus Sinkevicius this week to discuss the matter.
The decision means that some areas of the country will see the derogation reduced from 250kg of organic nitrogen (N) per hectare to 220kg N/ha.
The EU’s Nitrates Directive permits the use of a maximum 170kg N, but the directive allows for a time limited derogation from these rules in certain circumstances.
At present, Ireland’s derogation permits the use of up to 250kg N/ha on derogation farms.
These are more intensively stocked farms that apply a range of additional measures beyond standard requirements to mitigate the risk to water quality.
Under the regulations of the decision by the commission last year to renew Ireland’s derogation, the current derogation is due to expire on January 1, 2026, and the limit is due to reduce to 220kg N/ha on January 1, 2024 in certain areas, because the latest water quality results have not shown sufficient improvement.
Referring to the meeting, Minister McConalogue said: “I made a strong case to Commissioner Sinkevicius for the retention of Ireland’s 250kg/ha derogation until the next review, based on Ireland’s unique, grass based agricultural system; the measures farmers had already taken to improve water quality; and the need for additional time to see the results of these measures in our water quality indicators.
“The commissioner made it clear that Ireland is one of only three remaining member states with a derogation, while stressing that there is no prospect of re-visiting the current decision.”
It may be possible to make some very minor adjustments to the current mapping based on scientific parameters, but these are unlikely to affect the vast majority of derogation farmers, the minister said.
He said his department will be examining this over the next few weeks and engaging with the Agriculture Water Quality Stakeholders Working Group in this regard.
“It is critical now that derogation farmers, with the help of their advisors, make the necessary arrangements to manage their holdings within the derogation limits applying from January 1 next year. My department will be issuing nitrogen and phosphorous (N and P) statements to farmers shortly to assist in that task,” Minister McConalogue said.
“In the meantime, we must continue to do everything we can to improve water quality, so that we can make a credible case for the renewal of the derogation in 2026.
“Through measures such as the €60 million investment in the Water European Innovation Project (EIP) specifically to support farmers and the Targeted Agricultural Modernisation Scheme (TAMS), my department will continue to support farmers as we continue on the journey to reduce the loss of nutrients to water,” the minister commented.
He added: “Teagasc and the private advisory service will also continue to play a key role in supporting farmers through the advice they provide to farmers in this regard.”