Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the Senator. I will ask Mr. Callanan to come in on the scientific and calculation points regarding the measuring of slurry.

The Senator is correct in his account of where we are at with regard to the fact we now have clarity that there will not be a change to the derogation. Many parts of the country will have to drop to 220 kg N/ha. That is the situation we are in. In addition, we will have to work very hard together to make sure we keep that 220 kg N/ha into the future and when we renegotiate that derogation at the end of 2025. As I said regarding our negotiations with the Commission, it wanted that 220 kg N/ha review benchmark to be significantly lower. We had to fight hard to get it to the 220 kg N/ha mark. It was our water trend, and the trend over recent years, that was against us during the negotiation and what made that derogation negotiation very difficult. It meant we had little option, as part of and to secure the derogation, to agree to a year-on-year review between 2021 and 2022. If we had to do it based on trends, the trend over the previous number of years meant we would immediately have been in a much worse situation.

The objective now has to be to work and back the work farmers are doing throughout the country. Farmers are taking very significant measures. We also have to be clear in making sure everybody complies with the rules and, as regards enforcement, that some do not undo the great work that many others are working hard to achieve and do damage, and see how we can support farmers in that. The other key thing we have to do is to quickly bring clarity to farmers regarding where they stand. Arising out of the meeting with the Commissioner, there will be some potential adjustments to the mapping, which we have been clear on since 30 June and on which we are engaging, that will bring clarity by the end of this year.

We also have to complete and finalise our own nitrates action programme review over this autumn period. We have two separate things. We have the nitrates action programme, which we do ourselves, and on the back of that we have the derogation decision, which is entirely a Commission competency. As regards finalising our nitrates action programme review, we have to look at what steps we can take to make sure we are in as strong a position as possible come the renegotiation in 2025 to hold on to that 220 kg N/ha. We will give absolute clarity to farmers within that red zone by 30 September regarding any minor - we expect very minor - adjustments to that. On those who are in the white zone at present, and we know there are inconsistencies regarding how people might view that map, the special areas of conservation, SAC, assessment and the environmental assessment in our nitrates action programme review will assess all data. That may mean, for example, some adjustment in those white areas. In that regard, it is very important those farmers have time to adjust to that, if there are any changes. I will work with the Department of Housing, Local Government and Heritage to make sure any of those changes or any adjustments in that white area which could potentially be necessitated by the data and science will not take place until the start of 2025.

We have to work off the data and science.

We will do that as regards areas that are in the red and engage with the Commission to ensure any adjustments are clear, by 3 September. We expect that to be quite marginal. As for assessing the further data in terms of the areas that may be in white, and a couple of areas in particular, if any changes that come out of that I am working to ensure those farmers have time to adjust by January 2025. We are very aware of the need to bring certainty to farmers and the need to give farmers as much time as possible to prepare, working within the derogation we have, knowing that farmers who are obliged by mapping to drop to 220 kg nitrogen per hectare per year must adjust by 2024. The key objective, knowing we must work with the derogation we have, is to give certainty and clarity to farmers. Will Mr. Callanan take the technical point?