Minister for Agriculture, Food and the Marine, Martin Heydon has this morning (Tuesday, December 9) confirmed that Ireland is to keep its nitrates derogation for a further three years.

Heydon has welcomed a positive vote in favour of Ireland’s request for a nitrates derogation at this morning's meeting of the Nitrates Committee.

Speaking after the vote in Brussels, Minister Heydon said: "Securing continued availability of the nitrates derogation has been a key priority for me as minister and indeed for the whole of Government.

"Significant work has been undertaken since we notified the Nitrates Committee of our request for continued access to the facility over a year ago.

"Today’s vote marks the success of that part of the process. We now begin the next stage, commencing the work of addressing the key conditionality within the derogation decision," the minister added.

Nitrates derogation

As reported by Agriland previously, agreement was reached with the European Commission on a three-year implementing decision which is a legal instrument providing for the derogation.

Today that implementing decision was placed before the Nitrates Committee.

Following a vote, the implementing decision will be adopted by the commission in due course.

The implementing decision sets out the conditions under which Ireland must operate the derogation.

These include the need to demonstrate enhanced compliance with the Habitats Directive along with several additional requirements from 2028 for derogation farmers in Ireland’s four catchments with the greatest gap to target in terms of nitrogen load reduction.

Minister Heydon acknowledged Taoiseach Micheál Martin's engagements with the commission president Ursula Von der Leyen and Tánaiste Simon Harris' engagements with EU counterparts in progressing Ireland’s case.

The minister also recognised the visit of EU Environment Commissioner Jessika Roswall to Ireland in November: "I want to recognise Commissioner Roswall’s visit to Ireland in November, at my request and saw first-hand the importance of the nitrates derogation to Irish farmers.

"This family farm model, based on animals being outdoors is the cornerstone of our sustainability," he added.

The agriculture minister added that improving water quality is a critical part of continued access to the nitrates derogation.

This is a key part of the plan which was published last year ‘Water in Agriculture, a collaborative approach’.

The Department of Agriculture, Food and the Marine (DAFM) has been working with the sector through the Ag Water Quality Working Group over the year.

Minister Heydon has emphasised that Irish farmers take their environmental responsibilities very seriously and are on a journey of continuous improvement.

"This objective is shared by all of industry, stakeholders and farmers," Minister Heydon said.

Yesterday the Minister for Housing, Local Government and Heritage signed into law the 6th Nitrates Action Programme, aimed at further strengthening actions by farmers on water quality.

Earlier this year, the European Commission sought assurances on implementation of the Habitats Directive in respect of derogation farms.

DAFM will now commence the process of conducting catchment level assessments under the directive.

The Minister continued: ‘This is a significant body of work, something we had to commit to as part of securing a derogation and I have consistently identified the need for time and space to ensure a thorough, comprehensive approach to this task.

"Over the coming three years, my department will engage with stakeholders as we deliver this work.

"I will continue to work with farmers on this journey and on the task of improving water quality and ensuring continued availability of the derogation beyond the current decision. This must be our priority now as we chart our way forward," the minister said.

Conditions

From January 1, 2028, the annual maximum grassland fertilisation rate from chemical fertilisers on holdings with an authorisation shall be reduced so that as of 2028, the rates are 5% lower than the rates published in the Irish Action Programme as implemented in Statutory Instrument No 42 of 2025, European Union (Good Agricultural Practice for Protection of Waters) Regulation 2022, as amended.

If a revision of the fertilisation norms sets lower values, those lower values shall apply.

From January 1, 2028, on holdings with an authorisation, chemical fertilisers shall not be applied to grassland within 4m of any surface waters, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.

Also from January 1, 2028, organic fertilisers, including manure and soiled water, shall not be applied to land within 8m along any surface water and within 20m of any surface waters where the land has an average incline greater than 20% towards the water, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.

You can view further details from the 6th Nitrates Action Programme by clicking here.