European Commission officially extends Ireland's nitrates derogation
The European Commission today (Monday, December 22) officially extended Ireland's nitrates derogation for a further three years.
The commission's "implementing decision" on the derogation, which will start on January 1, 2026, was published today.
It states that the derogation allows Ireland "to apply livestock manure containing up to 250kg nitrogen per hectare per year on farms with at least 80 % grassland".
The document also details that "the amount of manure that may be applied to the land is 220kg nitrogen per hectare per year in areas draining into polluted waters or waters at risk of pollution or areas with worsening trends".
The publication of the implementing decision follows the approval of the commission's proposal to extend Ireland's derogation by member states earlier this month on December 9.
According to the European Commission the nitrates derogation is "subject to additional conditions, including the evaluation of environmental impacts".
Ireland has had a derogation under the Nitrates Directive since 2007, the current decision was due to expire at the end of 2025.
According to the commission it has "worked closely" with the Irish authorities on their plans to improve water quality.
"It is on this basis that the commission now agreed to extend the derogation," it outlined.
Nitrates derogation
The commission has stated that the "Nitrates Directive aims to protect water quality across Europe by reducing pollution of surface and groundwaters with nitrates from agricultural sources and by promoting good farming practices".
"The directive sets a limit on the amount of nitrogen from livestock manure that can be applied to agricultural land, but member states can be allowed to derogate from the limit subject to strict conditions.
"Derogation requests are assessed based on water quality and trends in the member state concerned and the measures being implemented to address pollution.
"Derogations must not have significant negative impacts on the status of water bodies or on the conservation of Natura 2000 protected areas," it also detailed.
European Commission
The commission has confirmed that the new derogation "maintains the conditions of the current derogation and adds additional ones".
It said that this reflects "the measures of the Irish Nitrates Action Programme (NAP)" as well as additional measures in areas with significant challenges in terms of nitrate pollution.
"It also takes account of Ireland's commitment to carry out required environmental assessments as well as the farming industry's need for certainty and predictability," the commission stated.
Court of Justice of the European Union
The commission's "implementing decision" on the nitrates derogation also references a case that is before the Court of Justice of the European Union (CJEU) in relation to Ireland's fifth NAP.
An Taisce had launched legal proceedings in May 2022 to judicially review the Government’s NAP because it claimed that “measures taken under successive NAPs have failed in their objective” which is to “prevent pollution of surface waters and ground water from agricultural sources.
The High Court judge that presided over An Taisce's challenge believed that the case raised "significant issues of European law" and referred it to the Court of Justice.
One of the general conditions that Ireland must meet under the terms of the extended nitrates derogation is that it must "review, as appropriate, the conditions in the Irish NAP as soon as possible, and at the latest by the end of 2028, after the judgment of the Court of Justice of the European Union".
