'Actually shocking': Three-year extension to controversial nitrates derogation secured
Eva Osborne
Ireland has secured a three-year extension to the controversial nitrates derogation.
The Nitrates Committee of the European Commission met to extend the derogation, which expires this month, until the end of 2028 with some new conditions attached.
Farming organisations have welcomed the decision, saying it is sensible and recognises the country's grass-based system.
However, An Taisce, which works to conserve the State’s natural environment, said the decision is “shocking”.
In response, Minister for Agriculture, Martin Heydon, has invited An Taisce to come out to a derogation farm with him.
"I look forward to engaging with An Taisce and all stakeholders on this. I'd love to bring them out to a derogation farm, and we discusss their perspectives and our perspectives and where we're at," he said.
"I genuinely believe that the derogation will deliver and it supports our farmers to deliver.
"I've always said our farmers can't go green environmentally if they're in the red financially."
The sixth Nitrates Action Programme (NAP) has now been signed into law by the Minister for Housing, Local Government, and Heritage.
It sets the minimum regulatory requirements that will apply over the next three years for all farmers including those in derogation.
So now, from January 1st, 2028, the annual maximum grassland fertilisation rate from chemical fertilisers on holdings with an authorisation shall be reduced so that, as of 2028, the rates are five per cent lower than the rates published in the Irish Action Programme.
If a revision of the fertilisation norms sets lower values, those lower values shall apply.
From January 1st, 2028, on holdings with an authorisation, chemical fertilisers shall not be applied to grassland within four metres of any surface waters, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.
From January 1st, 2028, organic fertilisers, including manure and soiled water, shall not be applied to land within eight metres along any surface water and within 20 metres of any surface waters where the land has an average incline greater than 20 per cent towards the water, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.
Derogation decision is 'shocking'
An Taisce's head of advocacy, Dr Elaine McGoff, has said the approval of an extension of Ireland’s nitrates derogation for another three years 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," she 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.
"The reality is 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."
McGoff said it is valid to question if the decision is good for derogation farmers as they will, in three years' time, once again find themselves on "this economic cliff edge" and wholly dependent on the European Commission granting Ireland a derogation.
"This is a very risky business model, particularly given the current state of our water quality in Ireland. In their derogation decision, the European Commission seem to be very clearly indicating that this derogation is on borrowed time."
