A new report has identified a “risk” in Ireland that the Nitrates Derogation provides an “opportunity” for farmers to increase herd sizes and thus undermines soil health and water quality.
The European Court of Auditors has today (Monday, July 10) made a recommendation to the European Commission to limit the use of derogations from 2024 onwards.
The assessment of the effective use of the EU tools for managing agricultural soils and manure sustainably included audit samples from Ireland, Germany, Spain, France, and the Netherlands.
Nitrates Derogation
When deciding whether to grant derogations, the commission should ensure that derogations only apply to those areas already achieving the Nitrates Directive objective, the report states.
The auditors also concluded that the commission in its assessment should include a review of potential conflicting objectives arising in other EU policy areas, such as the Water Framework Directive, and the Birds and Habitats Directives.
When analysing potential future derogation requests, the commission said the decision to grant a derogation takes into account water-quality trends, and the results achieved from previous national measures.
The ambition and impact of the national measures in place are also considered, furthermore paying particular attention to areas with higher livestock concentration where the derogation would apply, the commission said.
Ireland
In Ireland and the Netherlands, two member states that were granted a derogation, the density of animals per hectare increased by 5.8% and 6.4% respectively between 2013 and 2016.
The report notes that Ireland increased its gross nitrogen balance by 40% between 2009 and 2015, and benefited from a derogation to the ceiling of 170kg/ha nitrogen.
In 2018, one third of cattle was farmed on only 14% of Ireland’s total agricultural area, accounting for 36% of bovine nitrogen excreted, according to the report.
While acknowledging that member states impose stricter conditions on farmers who apply for a derogation, the report by the European Court of Auditors states:
“Nevertheless, we saw a clear risk in Ireland and the Netherlands that derogations provide an opportunity for farmers to increase herd sizes and thereby undermine soil health and water quality.”
Ireland has one of the highest surpluses of phosphorus in the EU, and between 2016 and 2019, Ireland’s overall nitrogen surplus was 39% higher than between 2012 and 2015, the report shows.
In Ireland and the Netherlands, the density of animals per hectare increased by 5.8% and 6.4% respectively between 2013 and 2016, according to the auditors.
The report follows an analysis which shows that between 60% and 70% of soils in Europe are unhealthy, in part due to poor soil and manure management practices.
The EU’s financial watchdog concluded that the European Commission and EU countries did not make enough use of the financial and law-making tools at their disposal.
In addition, derogations render the restrictions on applying manure less effective. For example, soil pollution increased in farms that received derogations on nitrogen limits, the auditors said.