Taoiseach: Commission's move on derogation 'arises' from An Taisce case
The Taoiseach has told the Dáil that the European Commission's request that Ireland “must demonstrate compliance” with the Habitats Directive when granting farmers a nitrates derogation "arises" from an ongoing An Taisce legal challenge.
Three years ago An Taisce launched legal proceedings in the High Court to judicially review the government’s fifth Nitrates Action Programme (NAP) because it claimed that “measures taken under successive NAPs have failed in their objective”.
A High Court judge subsequently referred this legal challenge to the Court of Justice of the European Union.
The Taoiseach confirmed in the Dáil yesterday (Wednesday, July 9) that the European Commission recently wrote to Ireland regarding the need for "compliance with the Habitats Directive, in addition to meeting the objectives set under the water framework directive".
He said that this "change has significant implications".
"The commission's request of course arises from the ongoing case by An Taisce challenging the validity of our action programme and derogation which is currently before the courts with a number of questions referred to the European Court of Justice.
"There is other jurisprudence with the Dutch case and the implications of that.
"Based on that and the advice from the Attorney General there is a clear need for the State to develop a process to ensure the next action programme and derogation are compliant with those requirements," the Taoiseach said.
He highlighted to TDs that the nitrates derogation is "a critical element in the economic sustainability of many family farms and the broader rural economy in Ireland".
"I acknowledge the huge efforts being made by farmers in terms of the water quality issue and compliance.
"Water quality remains the fundamental issue as does the Habitats Directive.
"However, the government has said it will do everything in its power to make the case at EU level to secure the retention of the nitrates derogation given our unique grass-based production model," the Taoiseach added.
The Fianna Fáil leader also told the Dáil that there is "unprecedented engagement across the entire agrifood industry to drive improvements in water quality".
He said he had also raised the issue of derogation with the European Commission President, Ursula von der Leyen, during a recent meeting last month and the Minister for Agriculture, Food and the Marine, Martin Heydon, has has raised the derogation with the European Commissioner for Environment, Water Resilience and a Competitive Circular Economy, Jessika Roswall.
"The minister has invited her to Ireland to witness first hand our grass-based system and the importance of our derogation.
"We are currently engaging with the commission on the process and have made two presentations to the nitrates committee, the important advisory committee made up of member states. We will continue to engage with that committee and with commission officials," the Taoiseach said.
