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Three-year extension of nitrates derogation granted

Ireland is the last remaining EU member state seeking a nitrates derogation
Ireland is the last remaining EU member state seeking a nitrates derogation

The European Union has granted a three-year extension of Ireland's nitrates derogation, following a vote by the EU Nitrates Committee.

The current derogation was due to expire at the end of the month.

A reduction in chemical nitrogen allowances and increased buffer zones around rivers are some of the new conditions attached to the extension.

From 2028, the annual maximum grassland fertilisation rate from chemical fertilisers will be reduced by 5% for derogation farms in four catchments.

Meanwhile, larger buffer zones (these are areas where fertiliser cannot be used) in these catchments around the rivers Barrow, Slaney, Nore, and Blackwater will also be introduced from 2028.

According to the Environmental Protection Agency, these are all areas where improvements in water quality are well behind target.

Authorities here will also be required to carry out field inspections on at least 10% of derogation farms every year to ensure they are complying with the terms of the derogation.

Ireland's nitrates derogation allows around 7,000 farmers to keep more livestock per acre of land than is allowed under the EU Nitrates Directive.

The directive limits the amount of fertiliser - including slurry - farmers can use on their land and effectively the number of livestock they can have, to protect water from pollution by agriculture.

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Minister for Agriculture Martin Heydon said securing a renewal of the derogation "has been a key priority" and that "significant work has been undertaken" to achieve it over the past year.

He added that Ireland's request for a derogation was "based on the scientific criteria as provided for in the directive and which align with Ireland's grass based, outdoor production model".

In addition to improving water quality, demonstrating enhanced compliance with the Habitats Directive was a new condition for securing an extension of the nitrates derogation.

The Department of Agriculture said it will now commence the process of conducting catchment-level assessments.

"This is a significant body of work, something we had to commit to as part of securing a derogation and I have consistently identified the need for time and space to ensure a thorough, comprehensive approach to this task," Minister Heydon said.

Authorities will be required to carry out more 'field inspections'

President of the Irish Farmers' Association (IFA) Francie Gorman said the derogation renewal "will be a relief to farmers, but a longer-term solution is needed".

"The vote today recognises our grass-based system and comes after a concerted campaign across the sector to convince the EU Commission that the relentless focus on water quality across the sector is bringing about improvements. This intensive work must and will continue," he said.

The group representing dairy farmers, the ICMSA, also welcomed the decision.

However, ICMSA President Denis Drennan said "big challenges lie ahead, some of which will have to be dealt with by farmers and the industry, some by our government, and others by the EU".

"From a farmer perspective, the very strong focus of farmers on improving water quality needs to be maintained and accelerated," he said.

"Farmers have made huge strides and investments in this area over the last number of years and this needs to be continued. ICMSA firmly believes that farmers will continue to play their part," he added.

The Irish Co-operative Organisation Society (ICOS) has welcomed the decision.

ICOS President Edward Carr said there is "strong evidence to show that targeted and coordinated measures spearheaded by the farming sector, the co-ops and government agencies including Teagasc and LAWPRO are beginning to show that progress is being made on water quality, and we need to build on this over the next three years.

"The derogation isn't a licence to breach rules, it’s actually quite the opposite in fact with additional compliance and requirements," he added.

Nitrate derogation decision a bad day for Irish waterways - An Taisce

Environmental charity An Taisce has described the decision to extend the derogation as "a bad day for Irish waterbodies and for everyone who relies on clean quality water in Ireland".

Head of Advocacy with An Taisce Dr Elaine McGoff said the decision "is actually shocking".

"Decisions like this are meant to be based on the science, but the evidence clearly shows Ireland has serious water pollution problem that isn't getting any better caused largely by agricultural nitrogen," Dr McGoff said.

"Recent EPA data on water quality is unambiguous. We are going backwards. There are fewer waterbodies at good ecological status now than there were three years ago. Simply put, those with responsibility in Ireland have not been holding up our end of the bargain and just keep pushing out the day of reckoning," she said.

"The reality though is that the Irish state has an abysmal track record of failure in protecting Irish waterways from agricultural pollution, despite a whole body of legislation requiring them to do so. The data would suggest that the existing derogation has actually led to added pollution, and we see no evidence from Government to counter this," she said.

"The public is now fed up with this with a recent Ireland Thinks poll indicating that the Irish people overwhelmingly want clean, healthy water, with the majority now not in favour of Ireland seeking another derogation," she added.

In its decision, the European Commission also notes that any findings from a legal case taken by An Taisce against the Government in relation to its Nitrates Action Programme (NAP) could result in additional conditions being applied to the extension of the derogation.

An Taisce alleges that measures taken under previous NAPs failed to prevent pollution of surface waters and ground water from agricultural sources.

Last year the case was referred by the High Court here to the European Court of Justice, with a ruling expected by the middle of 2026.

Meanwhile, Social Democrats Agriculture and Environment spokesperson Jennifer Whitmore said the extension should be used to "draw up plans for its total phase out after it expires".

Ms Whitmore said: "This will be our sixth nitrates derogation since 2006. Every time the derogation is extended, we hear the same commitments that water quality will improve. It has yet to happen. In fact, a recent EPA report revealed that our waterways are continuing to deteriorate.

"Previously, other EU countries also availed of the derogation but, as it stands, we are now the only member state opting to continue to heavily pollute our waterways to continue an intensive model of farming."