Habitats Directive involvement in derogation 'very concerning'

Subjecting farmers to assessments under the EU Habitats Directive before granting a nitrates derogation is "very concerning" and a "serious threat", Irish farm organisation have said.

This will form part of the conditions Ireland will have to meet to retain the nitrates derogation after 2026, it is understood.

The Habitats Directive, which requires EU member states to adhere to strict conservation measures, is set to play a fundamental part in Ireland’s bid to retain the nitrates derogation.

The Department of Agriculture, Food and the Marine pointed to a Euroean Court of Justice ruling that the grazing of cattle or the application of fertiliser on land in the vicinity of a Natura 2000 site may be classified as a "project" under the definition of the Habitats Directive.

As such projects require an Appropriate Assessment to be carried out to determine their impact on the Natura 2000 sites, the granting of a nitrates derogation to farmers - if Ireland is granted an extension of the derogation at all - will be subject to such assessments on a farm-by-farm basis.

Reacting to this development, the Irish Farmers' Association (IFA) said that it is "very concerned" about the plans, which, it is understood, were set out in memo to cabinet last week, and which the Agriculture Water Quality Group were updated on today (Monday, July 7).

"We were advised by [Minister for Agriculture, Food and the Marine Martin Heydon] that this memo proposed that the Irish government would make a commitment to undertake ‘Appropriate Assessments’ at catchment or sub-catchment level under the EU Habitats Directive in order to improve our chances of securing the derogation," IFA president Francie Gorman said.

"The IFA made it clear to the minister when we met him last week that we need far more clarity on this aspect of the government’s plan, which is very significant and logistically mind boggling.

"Based on the minister’s briefing we could be looking at doing hundreds of Appropriate Assessments around the country, even with the state paying for them, and this will cause huge uncertainty for individual farmers," Gorman added.

He said: "This is jump into the unknown for farmers, co-ops and processors and the rural economy. It is very concerning and will cause huge frustration and uncertainty on the ground."

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Meanwhile, the Irish Creamery Milk Suppliers' Association (ICMSA) said that farmers will be "hugely concerned by yet another target to be hit".

Denis Drennan, the president of the ICMSA, said that attention would "necessarily focus on what would constitute Appropriate Assessment of the new requirements".

"ICMSA will always trust in the technical excellence and aptitude of its family dairy farm membership but there is no point in pretending that this latest hoop to be jumped through does not represent a serious threat to...family farms.

"It is the ICMSA's view that the minister should meet with the [European Commission] immediately to clarify exactly what is required so that farmers can have a level of confidence about the future, confidence that is being severely challenged because of this development," Drennan said.

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