The EU’s Environment Commissioner has signalled her support for Ireland to get a further derogation from a key part of water pollution law.

Jessika Roswall visited Ireland last week where she met with farmers and Minister for Agriculture, Martin Heydon TD.

“I hope that we can consider the request of a derogation positively”, she said.

But she warned that granting Ireland a new exemption will need the backing of all EU member states.

“This decision is not mine alone. We need to seek approval before we then, together with the other member states, take that proposal” forward she said.

The current derogation is due to expire by the end of this year.

The Nitrates Directive is designed to improve and protect water quality in Europe by reducing and preventing nitrates leaching from farms into nearby watercourses.

Around 80 percent of the nitrogen pollution found in water comes from agriculture, according to the European Environment Agency.

Ireland’s derogation has allowed Irish farmers to spread manure with up to 250 kilograms of nitrogen per hectare. In some areas this has been reduced to 220kg and it is likely this lower limit will apply more broadly if Ireland is successful in being granted another derogation.

The Netherlands also has a derogation. All other EU member states abide by the regulation’s limit of 170kg of nitrates per hectare.

“I am fully aware of the importance of the derogations to Irish farmers, and also their need for clarification” to end the current uncertainty, the Commissioner added.

Her support comes despite Ireland’s poor water quality which the EU has repeatedly urged Ireland to address.

The Commissioner said that she had received reassurances from the government that it would take the problem seriously regardless of any derogation.

 “I welcome Minister Hayden’s confirmation that Ireland is committed to ensuring that any derogation that would also comply with union law, including the habitat and water directives. And also, there’s a strong agri-food stakeholders’ commitment to…improving their efforts to also improving the water quality”, Jessika Roswall said.

Farmers have an anxious wait to find out what the rules will be.

Asked whether the system – which requires a review of the derogation every two years and a renewal ever four years – was ideal, the Commissioner admitted that it leads to “uncertainty, but it is also a flexibility that needs to be within the environmental boundaries.”

“It’s important that whatever solution we find is also legally binding”, she added.

“Securing a continuation of our Nitrates derogation is a key government commitment and I am doing all in my power to deliver on this”, said Minister Heydon.

“Engagement will continue over the coming weeks on our request for continuation of the derogation as we seek to secure agreement, including on the required support from other member states. I am satisfied that Commissioner Roswall now has an excellent understanding of the Irish context, including our commitment to improving water quality, something that is critical to continuance of the derogation facility in the year ahead.”