Minister: Delay to nitrates cut ‘untenable’

Farmers are left with just over three months to get themselves below the new 220kg/ha nitrates limit by January 1, 2024.
Minister: Delay to nitrates cut ‘untenable’

The Minister said hopes should now turn to making the water quality improvements needed for Ireland's case for a new derogation at the next review in 2024. Picture: Brian Lawless/PA

Any hopes of delaying the reduction to Ireland’s derogation to give farmers time to prepare were dashed this week.

Responding to a question from the Irish Examiner after his appearance at the Agricultural Science Association conference, Agriculture Minister Charlie McConolgue said it was extremely unlikely the Commission would make any further reprieve.

It leaves farmers with just over three months to get themselves below the new 220kg/ha nitrates limit by January 1, 2024.

The Minister said hopes should now turn to making the water quality improvements needed for Ireland's case for a new derogation at the next review in 2024. The country’s current derogation is due to expire on January 1, 2026. Without the derogation, the commission’s limit is 170kg/ha.

The Minister met the Irish Creamery Milk Suppliers Association in an emergency meeting on Thursday afternoon, three days after 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.

Other farm organisations, including the Irish Farmers Association, were invited but refused to attend, opting instead to protest outside.

Cut 'by default'

Mr McConalogue told reporters the derogation would be cut “by default” because the latest water quality results had not shown sufficient improvement.

“As Minister, I have been engaging on this issue right from the outset. This has been in the offing all year that this was very much possible. In the absence of improved water data for 2022, by default, the derogation provides that we will drop to 220 by January,” he said.

Come the end of July, when the EPA published the water data for 2022 that confirmed that under the current derogation we drop to 220.

“[I made my] submission in August requesting to reopen and go through the process to amend to our derogation at the earliest possible opportunity.

“But he was absolutely clear from the Commission’s point of view that Ireland has the most flexible and benign derogation of all EU member states – we are one of only three and we only negotiated back 18 months ago. And on that basis, it simply wasn’t a runner for to go back to other member states now to seek a vote to give us further flexibility in amendments.” 

Time to adjust

Speaking to the Irish Examiner, Tirlán chief executive Jim Bergin said he would welcome any opportunity to delay the implementation of the stricter nitrates limit to give farmers and the industry time to adjust.

However, responding, Minister McConalogue said any change to that date would require a statutory amendment to the derogation, "which would need to go back through the derogation lawmaking process". 

"The Commissioner will bring a proposal to the nitrates committee, presenting it to all member states at the meeting," he said.

“Then, after that, all member states would have to vote to agree to give us further flexibility. The only way that date would change is by going through that process that the commission says is simply not tenable given we have the most beneficial derogation of any of the three countries that have it."

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