
Government told to conserve sites or species to retain nitrates derogation
Previously the Commission has traditionally just sought evidence of progress in relation to water quality, however, with Ireland now the only country left in the EU seeking a nitrates derogation the criteria have been expanded.
It is understood the Commission contacted the Government in recent weeks about the change, with Irish officials now working on an updated plan, which is expected to be submitted to the EU in the middle of July.
Under the Nitrates Directive, farmers have to ensure that the total amount of nitrogen from organic manure applied to their land does not exceed 170kg per hectare per year.
The directive aims to reduce water pollution caused by nitrates used in agriculture, and EU member states are required to monitor water quality and identify areas that drain into polluted waters or are at risk of pollution.
Due to the country's unique grass-fed farming model, Ireland has a derogation allowing use of up to 250kg for some farmers but it expires at the end of the year, with the EU set to vote on new limits for 2026-2029.
The EU is reportedly putting pressure on Ireland to get its plan in as quickly as possible so that it can be considered ahead of negotiations and a vote later in the year.
Under the Habitats Directive any project likely to have a significant effect on a designated site or species must be subject to assessment.
For Irish farmers seeking a derogation, this would mean that if they are grazing cattle near a Natura 2000 site the area would need to assessed before it was granted.
Natura 2000 is an EU network of 27,000 core breeding and resting sites for rare and threatened species, as well as some rare natural habitat types, which are protected in their own right.
Based on correspondence from the European Commission - and legal advice to the Government - to secure the next nitrates derogation Ireland will have to demonstrate compliance with the Habitats Directive when granting individual farmers a derogation.
Plans for this assessment process include monitoring and studying 46 catchment areas (with an average catchment size of 150,000 hectares) across the country.
These sites would be assessed by experts, including ecologists, before a derogation is granted.
Minister for Agriculture Martin Heydon said that "in developing such a plan, I am committed to engagement and have held a series of stakeholder meetings with that in mind".
"My officials have also engaged with the Agriculture Water Quality Working Group where the matter was discussed this morning," he said.
"It is important stakeholders are aware of the issues emerging from the discussions and how Ireland is working to fulfil its legal requirements and provide the Commission with the assurances it needs to justify granting our next derogation."
If Ireland's nitrates derogation is lowered, farmers would have to take measures such as culling cows, exporting slurry, or acquiring more land to abide by lower limits.
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