The extension of the Nitrate’s derogation is a mix of certainty and uncertainty
09-12-2025
Independent TD for Offaly Carol Nolan has said while there will be a significant degree of relief following confirmation that Ireland has been granted a 3-year extension of the critically important Nitrates derogation, it remains to be seen how the enhanced conditionalities attached to the extension will impact farmers in the years ahead.
Deputy Nolan was speaking following a vote by the EU’s Nitrates Committee to renew the extension.
In terms of the conditionalities, Government has confirmed that from 1 January 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 5% lower than the rates published in the Irish Action Programme.
In addition to this from 1 January 2028, on holdings with an authorisation, chemical fertilisers shall not be applied to grassland within 4 meters of any surface waters, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply while from 1 January 2028, organic fertilisers, including manure and soiled water, shall not be applied to land within 8 meters along any surface water and within 20 meters of any surface waters where the land has an average incline greater than 20% towards the water:
“We now have a welcome degree of certainty around the derogation and that is very positive news given the widespread concerns that it may have been removed in its entirety. Almost unbelievably the full removal was an outcome that parties, such as the Social Democrats, were practically begging the EU to deliver,” said Deputy Nolan.
“It says a lot when the bureaucratic behemoth that is the EU can demonstrate more sense about how a policy might impact Irish farmers than an Irish political party. I wouldn’t be surprised if the Soc Dems are crying into their coffees this morning; but let them off, it was always absurd of them to advocate that the government should never have sought its extension in the first place.”
“Irish farmers have made enormous strides in protecting our waters and rivers and I am absolutely confident that this work will continue in the years ahead. What we need to see now is a derogation that can support these efforts without tying farmers up in conditionality based knots,” Deputy Nolan concluded.
ENDS