Plan to secure nitrates derogation published amid growing concern over retention post-2025
The European Commission has said that Ireland's water quality must be improved to be granted another derogation in 2026.
The Department of Agriculture has published its plan for retaining Ireland's nitrates derogation post-2025.
The nitrates derogation allows farmers to exceed the limit of 170kg of livestock manure nitrogen per hectare set down in the nitrates regulations, up to a maximum of 220kg or 250kg per hectare, subject to adherence to stricter rules.
The European Commission has said that Ireland's water quality must be improved to be granted another derogation in 2026.
In May, Agriculture Minister Charlie McConalogue, together with his colleague Minister Darragh O’Brien, under whose department (Housing, Local Government and Heritage) the nitrates regulations sit, brought a memo to cabinet outlining the ongoing and future work to secure the renewal of Ireland’s derogation from January 1, 2026.
On foot of this memo, a whole of Government approach in support of the department’s efforts to see the derogation extended was secured.
“A derogation is available to Ireland based on specific scientific criteria such as a long growing season," Mr McConalogue said.
"The Irish Government is committed to seeking a further derogation and delivery of improvements in water quality is a critical component of supporting this request."
The plan published today - 'Water and agriculture - a collaborative approach' - includes a range of measures under five key areas.
These are: regulatory measures; Government financial support for farmers; Government, industry and farmers working in tandem; further measures and actions; and securing Ireland’s next nitrates derogation.
Substantive actions, many already underway, outlined in the plan include:
- 50 water quality advisors paid for by Government and industry are providing a free service to farmers to improve water quality in priority areas;
- A €60m innovation programme has been put in place to financially support actions by farmers;
- A ‘Better Farming for Water’ advisory programme has been put in place by Teagasc;
- The 70% Nutrient Importation Storage Scheme will open for applications this week;
- A new and separate ‘exempted development’ threshold for ‘stand-alone’ nutrient storage will be provided for as part of a review of planning regulations, following the enactment of the Planning Bill;
- Sanction is being sought from the European Commission to apply a 60% grant and separate ceiling of €90,000 for farmers for nutrient storage from January 2025;
- Department of Agriculture is to carry out environmental and economic assessments and modelling of impacts;
- Teagasc is to conclude research into slurry and soiled water production;
- John Comer has been appointed as chair of the Agriculture Water Quality Working Group;
- European Commission officials are to visit Ireland in September 2024.
Mr McConalogue said that many of these actions are already taking place, such as the reduction in chemical nitrogen limits and the transition by farmers to low emissions slurry spreading.
"Other measures are new and will commence imminently. For example, the 70% capital investment grant aid for nutrient importation scheme I introduced in Budget 2024 will open for applications this week.
"To further support and facilitate investment in nutrient storage, alongside the continued accelerated capital allowances I secured, Government has secured approval from the European Investment Bank for qualifying investments in nutrient storage to be automatically eligible for the green financing discount rate under the Government-funded Growth and Sustainability Loan Scheme.
"To further enable farmers to build storage, I have secured agreement that following enactment of the new planning regulations, a separate exempted development threshold will be introduced in respect of stand-alone manure storage facilities.
"I am also seeking to amend the Rural Development Programme and the CAP Strategic Plan to allow for a 60% grant rate and a dedicated €90,000 ceiling for nutrient storage investments.
"I am working to have this rate and ceiling in place for January 2025, subject to European Commission approval.”
The minister said he is "pleased that a positive working partnership has really come together" under the Agriculture Water Quality Working Group, established in May 2023.
"Members have committed to a series of additional actions to improve water quality and I am confident that these will bear fruit in the very near future and that we will start to see improvements in Irish water quality from an agricultural perspective."
A new chairman of the Agriculture Water Quality Working Group has been appointed.
The group from its next meeting will be chaired by John Comer, a past president of the Irish Creamery Milk Suppliers Association.
Mr McConalogue said that Mr Comer's "experience of policy, agriculture and involvement in the European Economic and Social Committee will be beneficial to the work of the committee".
Minister McConalogue concluded by saying that it is "not within the gift of the Irish Government to renew the derogation as it is applied at EU level".
"Environment Commissioner Virginijus Sinkevičius on his visit to Ireland was clear that for Ireland to maintain the derogation, water quality that is good must remain stable and water quality that is less than good must show improvements.
"Further to this visit, I wrote to the commissioner inviting his officials to visit Ireland in 2024 to see the progress being made to date on water quality by farmers and the agri-food industry overall.
"I am delighted to confirm that this visit will take place in September and work on a substantial itinerary is in train."
