It is looking more optimistic that Ireland will hold onto a nitrates derogation with news today (Thursday, November 27) that the European Commission is recommending that it be retained for a further three years.

It still has to be approved however, by the Nitrates Committee on December 9, a committee which is made up of representatives from member states.

Minister for Agriculture, Food and the Marine, Martin Heydon has referred to that some of the general conditionality which may be attached to an extension of a derogation.

“Requirements include the need for Ireland to conduct environmental assessments at catchment level to demonstrate compliance with the Habitats Directive," he said.

“Equally, I am today calling on all stakeholders to re-double their efforts to take ‘the right action in the right place’ - we must maintain the momentum of action now to ensure that we see continuous improvements in the data for agriculture-related water quality.”

The Minister added: “Ireland has a very sustainable, outdoor, grass-based production system in milk and meat products and satisfies all of the conditions as set out in the directive to justify a nitrates derogation.

"My department, in cooperation with the Department of Housing, Local Government and Heritage, has been working diligently to provide all the necessary material and assurances to the commission which were required to underpin the development of this proposal.”

The nitrates derogation is a special provision within the EU Nitrates Directive that allows farmers to exceed the standard limit for applying livestock manure nitrogen (170kg/ha) to a higher limit, such as 220kg/ha, under strict environmental conditions.

Nitrates derogation terms and conditions

The Department of Agriculture, Food and the Marine (DAFM) has drawn up correspondence for farmers in Ireland who have applied for a derogation in 2025 with some terms and conditions they must adhere to if they wish to remain in derogation.

The DAFM has identified landowner applicants who have land more than 30km from the primary farm holding of the main farming enterprise.

It is outlining to these farmers that under the terms and conditions of the scheme, the maximum organic nitrogen (N) will be limited to 170kg N/ha for land more than 30km from the primary farm holding of the main farming enterprise (e.g., farmyard).

This is unless "demonstrable evidence" is provided to DAFM to show that this land is being farmed at an appropriate higher level.

As has been the case in recent years, if farmers want to claim the nitrates derogation livestock manure nitrogen allowance on this land, they will need to confirm that the land meets at least one of the following criteria:

Rotational grazing system in place on the land in 2025;
Active milking facilities on the land and included on the applicant’s 2025 BISS;
Active slurry storage facilities on the land and included on the applicant’s BISS;
If the land is solely being cut for forage and/or used for arable cropping, slurry movement(s) to this land took place during 2025.

The deadline for applying for such a derogation is Tuesday, December 16, 2025.

If the land more than 30km from the primary holding is in more than one townland, then a separate form must be completed that corresponds to each townland where a farmer wishes to claim the higher allowance.

DAFM has stated that failure to return a completed form will result in the land area that is more than 30km from the primary holding being limited to a maximum of 170kg organic N/ha, therefore reducing the holding’s overall maximum organic N allowance for 2025.