Commissioner rules out last hope for Ireland’s nitrates derogation
Ireland’s current derogation is due to expire on January 1, 2026, with the derogation limit due to reduce to 220kg/ha from 250kg/ha on January 1, 2024, in certain areas. Picture: Andy Gibson.
The European Commission has said it will not review its decision to lower Ireland's nitrates derogation.
Nitrates loading rules mean that farmers must have sufficient land on which to spread the manure from their herds, which is measured in terms of its "nitrates load".
Currently, the limit is 170kg/ha. However, Ireland’s nitrates derogation allows farmers who meet certain more rigorous conditions - such as regular soil sampling and stricter spreading dates - to protect the environment, to farm at higher stocking rates.
Ireland’s current derogation is due to expire on January 1, 2026, with the derogation limit due to reduce to 220kg/ha from 250kg/ha on January 1, 2024, in certain areas.
News the decision will not be reviewed means that thousands of dairy farmers will be forced to reduce their herd sizes within the next four months or spend hundreds of thousands scrambling to secure additional land to comply with the new rules, which are set to change on January 1.
According to Agriculture Minister Charlie McConalogue, the EU Commissioner for the Environment, Mr Virginijus Sinkevičius confirmed on Monday that there was "no prospect" of re-opening the current commission decision permitting a derogation from standard Nitrates Directive rules for Ireland, adding that this has occurred because the latest water quality results have not shown sufficient improvement.
Referring to the meeting, Minister McConalogue said: “I made a strong case to Commissioner Sinkevicius for the retention of Ireland’s 250kg/ha derogation until the next review, based on Ireland’s unique, grass-based agricultural system, the measures farmers had already taken to improve water quality, and the need for additional time to see the results of these measures in our water quality indicators.
Mr McConalogue said it may be possible to make some "very minor adjustments" to the current mapping based on scientific parameters, but added that these would be unlikely to affect the vast majority of farmers currently availing of the derogation.
He explained that his department will engage with the Agriculture Water Quality Stakeholders Working Group.
Concluding, the Minister added: “It is critical now that derogation farmers, with the help of their advisors, make the necessary arrangements to manage their holdings within the derogation limits applying from January 1 next year.
“My department will be issuing N and P Statements to farmers shortly to assist in that task. In the meantime, we must continue to do everything we can to improve water quality, so that we can make a credible case for the renewal of the derogation in 2026.
“Through measures such as the €60m investment in an initiative Water European Innovation Project (EIP), specifically to support farmers and the Targeted Agricultural Measures (TAMS) Scheme, my department will continue to support farmers as we continue on the journey to reduce the loss of nutrients to water.
"Teagasc and the private advisory service will also continue to play a key role in supporting farmers through the advice they provide to farmers in this regard.”
