A decision on the future of a nitrates derogation for Ireland is due to be made by the Nitrates Committee of the EU today (Tuesday, December 9).

The nitrates derogation is a special EU permission allowing farmers to exceed the standard limit (170kg) for livestock manure nitrogen (N) per hectare (up to 220-250kg N/ha) with the aim of supporting grass-based farming.

However to comply with the rules of a derogation farmers must follow strict, extra environmental rules to protect water quality, like using Low Emission Slurry Spreading (LESS) and meeting water quality targets.

The derogation is conditional on water quality improvements, with stricter limits in poorer performing areas.

Last month, EU Environment Commissioner Jessika Roswall has confirmed to Agriland that the European Commission had submitted a draft proposal to the Nitrates Committee "to extend the Irish [nitrates] derogation".

At the time, the commission stated: "The state of Irish waters is considered to be good even if nitrate concentrations are still high in some parts of the country".

Conditions

With the move by the commission to recommend an extension to Ireland's nitrates derogation for a further three years, strict conditions are expected to be attached.

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.

Earlier this year the European Commission had 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.

Agriland also understands that the European Commission wants to see increased buffer zones introduced in specific catchment areas for derogation farmers only.

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.