The Government is seeking an extension of the EU nitrates derogation from next year to ensure farmers can also comply with the EU habitats directive, Minister for Agriculture Martin Heydon has said.
With continuing uncertainty on the EU licensing system, which allows many Irish farmers to spread higher levels of fertiliser compared to their European counterparts, Mr Heydon said he hoped the issue would be resolved by the end of the year.
The EU nitrates directive came into force in 1991, aiming to protect watercourses from agricultural pollution and to promote good farming practices. Ireland applies to Europe for a derogation every four years – because of the country’s long growing season, fields can absorb fertilisers and their use will not put water quality at risk.
The European Commission decided to reduce the derogation’s limit from 250kg of nitrogen per hectare to 220kg in 2024 after disappointing results of a two-year water quality review. During the summer, it said beneficiary farmers must for the first time also show compliance with the habitats directive as well as addressing water quality.
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Retaining the derogation “is my number one priority in terms of all the challenges we face in 2025,” Mr Heydon added at a Budget 2025 briefing on Wednesday.
This was about providing certainty, he said, not just for 7,000 derogation farmers, but thousands more who would be impacted by tighter limits on spreading fertiliser in particular areas.
“Any changes to derogation will have very big impact on land availability and farmer viability.”
Ireland was one of the last remaining countries in Europe with the derogation, he said, as “[Irish] farmers can operate at a higher stock intensity because of our pasture-based system, we are very different from other European countries on how they farm intensively.”
He was involved in “really intensive negotiations with the commission with regard to having a nitrates derogation beyond the end of this year”.
Mr Heydon said he was underlining an imminent new nitrates action programme that included compliance with the habitats directive, “but we are making it clear to the commission that this is a very onerous undertaking. This is a very big ask of us logistically to do. It will take a significant amount of time.”
Ireland had a very strong case as nitrates derogation farmers operated to a higher level of environmental sustainability, he added.
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European Commissioner for the Environment Jessika Roswall was due to visit Ireland in November during which time the Minister hoped she would view first hand collaborative work being done by the agri-food sector on improving water quality, especially at farm level.
“My real hope ... is to have certainty for farmers before the end of the year. But ultimately, we need to get the right result for the country, rather than a quick one.”
The agriculture sector has secured an annual budget of €2.3 billion including a capital programme of €335 million and current expenditure of €1.96 billion. Funding to improve water quality, including incentivising investment in slurry storage, was to support retention of the derogation, he said.
The agri-climate rural environment scheme (Acres) has an increased allocation of €280 million. While there were difficulties with its operation, and he thanked farmers for their patience.