Flexibility sought as derogation decision nears

Where water quality was found to be poor, or deteriorating over the period 2021 to 2022, the maximum stocking rate would have to be reduced from 250 kg of organic nitrogen livestock manure per hectare to 220 kg, from January 2024.

An EU decision on cutting the stocking rate upper limit on Nitrates Derogation farms from 250kg N/ha to 220kg N/ha is expected in early October, according to ICOS.

Damien O’Reilly, the EU Affairs Manager for the Irish co-operatives organisation, said, “Over the next few weeks, Ireland faces an uphill battle to convince the EU Commission not to revise the stocking rate from 250kg N/ha to 220kg N/ha, affecting around 7,000 farmers.”

He said the derogation is not a big issue across Europe, but the eyes of many Irish dairy farmers are only focused on it.

As part of the 2022 to 2025 nitrates derogation renewal which Ireland secured last year, a two-year water quality review was agreed with the European Commission.

Where water quality was found to be poor, or deteriorating over the period 2021 to 2022, the maximum stocking rate would have to be reduced from 250 kg of organic nitrogen livestock manure per hectare to 220 kg, from January 2024. 

Affected farmers would have three choices: obtain more land, export nutrients to other farms, or reduce livestock numbers.

EPA report

The matter came to a head in June, when the EPA’s Water Quality in 2022 Indicators Report showed no significant improvement in rivers and lakes.

“We are working together to try to seek extra time,” said Agriculture Minister Charlie McConalogue in July. 

As well as his Department talking to the Commission about flexibilities, the agriculture water quality working group (which includes farmer representatives) was established and given a target to ensure improvements in water quality over the next two to three years, to give Ireland the platform for nitrates derogation renewal.

Mr McConalogue acknowledged increased steps over the past two years to improve water quality “will take a little bit of time to show results”.

“The reality is we have a challenge in that we have not delivered over the past 10 years in relation to improving water quality or in relation to meeting the targets under the nitrates directive. That has put us in a challenging situation. We now have to work together to reverse those trends.

"The reality is that if we do not, then come 2024 and 2025, securing the derogation again will become a big challenge."

Rush

At the moment, important EU decisions for farmers have receded into the background, because the main EU institutions are closed for holidays.

But, Damien O’Reilly warned, when the institutions get up and running again in September, there will be a rush to sign off on various legislative proposals, before the approach of the June 2024 EU Parliament elections slows EU decision-making.