Oireachtas Joint and Select Committees
Wednesday, 24 September 2025
Joint Oireachtas Committee on Agriculture and Food
Nitrates Derogation: Department of Agriculture, Food and the Marine
2:00 am
Mr. Bill Callanan:
On the bigger general question about our approach, the Commission has been clear in its request of us. We have to provide assurances of compliance with the habitats directive. Is this linked to the An Taisce case? Not particularly, as the Commission side is very clear. Effectively, the 2018 Dutch nitrates case saw a ruling, which has subsequently been reaffirmed in quite a number of other rulings, about the requirement to assess where it may have an impact. In that situation, the Commission's request of Ireland - it is naturally a matter for Ireland to demonstrate compliance - is to prove we are taking account of that ruling within our process and procedure of granting derogations. Quite simply, a derogation process requires us to grant consent. When we are granting consent, we have to comply with the habitats directive. Ultimately, that is what this plan has to address.
I will be clear. We have articulated very clearly about the reality of having all that work done by 1 January and what is needed to do that level of work. We have a lot of experience in the Department about appropriate assessment, particularly in light of the requirements on the forestry side. We are identifying the need for a plan in terms of generating compliance and how that might be done; we can articulate how that is based on a catchment approach. Those are conversations we have been having about demonstrating the approach to it.
In terms of pressures, the reality is agriculture is identified by the EPA as a significant pressure in locations. That is a factor of all farming types. It should not just be identified as simply an issue of high stocking rates. There is no doubting that in our minds. When we grant a derogation, we have additional conditions and requirements that are placed on farmers in derogation to effectively mitigate some of that. All sectors will have to contribute towards that objective of improving water quality. That is demonstrated in the collaborative approach we have taken and the engagement with all the various sectors on what can be done by all of them. However, there is a pressure associated with agriculture and we have to mitigate that.
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