The European Commission has prepared the legal text to renew Ireland’s nitrates derogation. It is understood that the EU will propose an extension for another three years.
The document has not been made public.
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.
Earlier this month on a visit to Ireland, the European Commissioner for the Environment, Jessika Roswall, signalled her support for another derogation. Although she warned that Ireland would need to work to improve water quality.
“I am fully aware of the importance of the derogations to Irish farmers, and also their need for clarification”, she said at the time.
Now the European Commission has gone ahead and drafted a text for that extension. It will be put to the 27 EU farming ministers at a meeting in Brussels on 9 December.
Minister for Agriculture, Food and the Marine, Martin Heydon TD said:
“Securing a continuance of the nitrates derogation has been a key priority for me and the Government as a whole.
Following extensive engagement with the European Commissioner for the Environment, Jessika Roswall, including her recent visit to Ireland, I can confirm that the European Commission has proposed a legal text providing for a three-year extension to Ireland’s nitrates derogation, subject to certain conditionality.
Approval will now be subject to securing the required approval of Member States at the EU Nitrates Committee on 9 December.”
“Requirements include the need for Ireland to conduct environmental assessments at catchment level to demonstrate compliance with the Habitats Directive. This is a massive undertaking – it will require a significant investment of time and resources to complete these assessments. The Commission has agreed to a three-year derogation to facilitate completion of this work.”
The Netherlands is also understood to be looking for a derogation. Both governments are lobbying hard to win support from the other member states ahead of next month’s decision.
Minister Heydon added:
“This draft decision is still subject to a vote of member states, and we have to respect the sensitivity and confidentiality of this process. Other member states will now have time to review this proposal before it is due to be brought forward for a vote at the Nitrates Committee on 9 December. I should stress that this is an expert committee, and they will be examining the technical details of the proposal. My Department will continue to engage with European counterparts on these details.
“I will continue to engage with stakeholders including the farm organisations as we go forward.”