The government is "committed" to completing the necessary assessments, set out in the Commission Implementing Decision granting Ireland’s current Nitrates Derogation, by the end of 2028.

Ireland has committed to assessing the impact the granting of individual derogations will have on the objectives set out under both the Habitats Directive and the Water Framework Directive.

A spokesperson for the Department of Agriculture, Food and the Marine (DAFM) said these assessments will be conducted by the department at a catchment/sub-catchment scale.

"There are 46 catchments in Ireland (identified under the Water Framework Directive)," the spokesperson said.

"There are approximately 600 designated sites in Ireland (designated under the Habitats Directive and the Birds Directive)."

The department has said that it plans to use what it has described as the "source – pathway – receptor" framework to do this.

DAFM previously explained this as follows:

Source is derogation farms;
Pathway is based on hydrological connectivity - either surface or groundwater - between source and receptor;
Receptor is the designated site (i.e., SAC, SPA).

The department spokesperson added that in relation to assessments, "in developing the operational approach, a key consideration will be stakeholder engagement and how best to achieve this".

Extension of derogation

It was late last year when the European Commission proposed an implementing decision granting an extension to Ireland's derogation for a further three years.

The derogation has been secured for the three years from 2026 to 2028, subject to a number of additional conditions.

Minister for Agriculture, Food and the Marine, Martin Heydon explained recently that by the end of 2027, all derogation farmers must determine their nutrient balance using AgNav and undertake a grassland management training course.

In addition, derogation farmers in the Slaney, Barrow, Nore and Munster Blackwater river catchments will see a reduction in their chemical fertiliser allowance on grassland, and a requirement for wider buffers or setbacks adjacent to water when applying chemical and organic fertilisers from January 1, 2028.

"Most significantly, in light of evolving case law at a European level and the commission’s requests, Ireland has committed to assessing the impact the granting of individual derogations will have on the objectives set out under both the Habitats Directive and the Water Framework Directive," the minister added.

"As Ireland is the only country now availing of a nitrates derogation, there is an absolute requirement for us to demonstrate compliance with the habitats directive."

The minister said this will be "very challenging".

There is a Water Framework Directive 2027 target of all surface waterbodies, with some minor exceptions, being in at least 'good' ecological status.

Minister Heydon said: "The fact that this target will not be met by any member state, it is understandable that the commission is seeking assurances that the granting of a nitrates derogation is not impacting negatively on the objectives set under the directive."

Opportunity

It is "vital" that Ireland uses the next three years "wisely to drive the improvements we need" in water quality by maintaining and further building on the momentum that exists across the sector, according to the minister.

"Securing the derogation has given us the opportunity to do this. We must embrace this opportunity," he said.

"I look forward to working with everybody across the system over the next three years as we continue to improve our impact on water quality, address the issues of concern and put ourselves in the strongest position to maintain a derogation beyond 2028."