A “path” needs to be afforded to farmers affected by a decision to reduce Ireland’s nitrates derogation, according to the Irish Creamery Milk Suppliers’ Association (ICMSA).

Ireland’s nitrates derogation had allowed farmers to farm at higher stocking rates, above 170kg livestock manure nitrogen (N)/ha up to 250kg N/ha, across the entire land declared on the Basic Payment Scheme.

Speaking in advance of the latest review of the nitrates regulations, president of ICMSA, Pat McCormack, said that it is of critical importance that “a path” is afforded to those farmers affected by the reduction from 250kg to 220kg of N/ha.

McCormack said that this could only be done by a proactive focus on areas where movement was possible on Ireland’s part, and where “practical recognition” of both the problems and solution was made policy.

The ICMSA said that the aim now had to be to put positive options in front of farmers who had been “undermined” by the “incompetent and half-hearted defence of our national derogation”.

Noting that Minister McConalogue had repeatedly said that Ireland will seek the maximum flexibilities for farmers, the ICMSA president indicated that there are only 12 weeks left before the new regulations take effect.

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ICMSA president, Pat McCormack

He said that it now is the “time to move onto those areas where Irish decisions could have practical benefits and give the farmers the path forward” they need.

Proposals on nitrates derogation

The ICMSA put forward a number of proposals which the association feels make sense from a farmer viewpoint, but also make sense from an environmental and animal welfare perspective.

Among the most urgent measures which the ICMSA said would allow farmers to “breathe again” are:

  1. First 100 days of a calf’s life would be disregarded for nitrates purposes. The reality facing farmers in 2024 is that every animal will impact on their nitrates levels and it is essential that we provide flexibilities so that calves can be kept for up to 100 days without impacting on a farmer’s stocking level for nitrates purposes;
  2. Farmers who use a low-protein concentrate during the summer period should be rewarded by a reduction in the N level per cow in each band. Teagasc research shows that for every 1% reduction in protein, the amount of N reduces by 1kg so if a farmer cuts the protein percentage by 4%, a cow in Band 3 should fall from 106kg/N to 102kg/N. This reduction in protein content has both water quality and climate change benefits so farmers should be incentivised to make this change;
  3. The ability to export slurry has been severely hampered by a change in N content introduced in 2022. This revised figure is incorrect and should be reviewed, ICMSA contends. In addition, where a farmer takes a sample of their own slurry, they should be allowed to use the figure established by an accredited laboratory;
  4. The exclusion of farmers from applying for a derogation for two years where they make a minor error is totally disproportionate and the rules in relation to exclusion will simply have to be reformed and situations where genuine or minor errors have been made, recognised;
  5. In good faith, farmers expanded their holdings delivering net foreign earnings for the Irish economy and, very often, took on substantial debt to finance that expansion. Overnight, the government decided to change policy and is now forcing many farmers to destock with huge implications. As part of Budget 2024, a package of measures will be required to support these farmers and to ensure that their farm business remains viable going forward, it said..

“These are measures that are completely within the gift of the [agriculture] minister and which he can introduce as part of the NAP (Nitrates Action Programme) review and in Budget 2024,” McCormack continued.

“Minister McConalogue has said he’s up for ideas on what can be done to mitigate the disaster his non-defence has inflicted.

“Well, ICMSA has just given him five measures that will move the situation forward in a modest but demonstrable way and we’re asking now – well in advance – for indications of support and commitment from the minister and speedy implementation of same,” McCormack concluded.