Minister for Agriculture, Food and the Marine Charlie McConalogue has said he will “push for the best possible outcome for farmers” in relation to a water-quality report which could affect Ireland’s Nitrates Derogation.

When the European Commission granted Ireland’s Nitrates Derogation for 2022-2025, a requirement was included for Ireland to conduct a two-year review of water quality this year.

This additional conditionality was imposed due to “negative trends” in Irish water quality. Therefore, the review must compare water-quality data for 2021 and 2022, the minister said.

The Environmental Protection Agency (EPA) will provide the water-quality data that will be used in this review of Ireland’s fifth Nitrates Action Programme, Minister McConalogue said.

Where data shows any of the below scenarios, the minister said the maximum stocking-rate limit for derogation farms must be reduced from 250kg to 220kg livestock manure nitrogen per hectare from 2024 onwards:

  • There are polluted waters; or
  • Waters at risk of pollution that are not showing signs of improvement; or
  • Where worsening trends have occurred over this [two-year] period.

Under current nitrates legislation the legal stocking rate is 170kg organic nitrogen/ha and the derogation allows some farmers to exceed this, to a maximum limit of 250kg.

Water quality

Sinn Féin’s agriculture spokesperson, Deputy Claire Kerrane asked the minister whether the DAFM has sought to delay the report to allow the effect of new water-quality measures to be appropriately reflected.

In response to the parliamentary question put forward by Deputy Kerrane, Minister McConalogue said:

“We are preparing a case to engage further with the European Commission with the objective of seeking flexibility from them on the two-year water-quality review with a view to giving existing measures more time to demonstrate their impact.

“We will push for the best possible outcome for farmers in this process, however, there is no guarantee that there will be a change to the commission’s Implementing Decision as it stands.”

The Department of Housing, Local Government and Heritage (DHLGH) is the lead authority for the interim review of the fifth Nitrates Action Programme and the associated nitrates  regulations.

During the negotiations of the current derogation, officials from the DAFM and the DHLGH have “actively engaged” on several occasions with the commission on nitrates and water-quality issues, he said.

“This proactive engagement is expected to continue,” Minister McConalogue added.

EPA

In a recent in-depth interview with Agriland for the ‘On the Record‘ series, the EPA’s director general, Laura Burke, said that transformation is needed in the agriculture sector.

The fourth Nitrates Action Plan didn’t deliver on improvements in water quality – “that’s the evidence, that’s the science”, Burke said.

“So whatever is being done now will need really to impact and Ireland is one now of very few countries with this derogation,” she said, adding that the EPA’s interim report will be key in future decisions.

However, the EPA director general believes there is “common ground” between farming and the EPA.

“I think there is huge opportunity for us to work together and to understand each other, understand the challenges and the barriers – because we’re all interested in the outcome, we want a thriving agriculture sector,” she said.