Commission rules out re-visiting Ireland’s Nitrates Derogation decision
The European Commission has ruled out re-visiting Ireland’s Nitrates Derogation decision. Ireland’s current derogation is due to expire on 1st January 2026, and the derogation limit is due to reduce to 220kg/ha from 250kg/ha on 1st January 2024 in certain areas.
In a statement today, September 6th, the Minister for Agriculture, Food and the Marine, Charlie McConalogue T.D., said that the EU Commissioner for the Environment, Mr. Virginijus Sinkevičius had confirmed that there was no prospect of re-opening the current Commission decision conferring a derogation from standard Nitrates Directive rules on Ireland. 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.
“The Commissioner made it clear that Ireland is one of only three remaining member states with a derogation, while stressing that there is no prospect of re-visiting the current decision.
“It may be possible to make some very minor adjustments to the current mapping based on scientific parameters, but these are unlikely to affect the vast majority of derogation farmers. My Department will be examining this over the next few weeks and engaging with the Agriculture Water Quality Stakeholders Working Group in this regard.”
Concluding, the Minister said: “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 1st January 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 €60 million 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.”