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:

I will take the time to read the statement into the record. I thank the committee for affording us the opportunity to attend today to discuss the important topic of the nitrates derogation. Securing a further nitrates derogation is a key priority for the Minister and the Government and is set out as such in the programme for Government. The current EU implementing decision granting Ireland a derogation concludes at the end of the year. Securing a renewal involves a detailed process, including developing a nitrates action programme, which sets down the basic requirements for all farmers. While responsibility for the nitrates action programme lies with the Department of Housing, Local Government and Heritage, the Department of Agriculture, Food and Marine plays a significant role. The derogation process also includes making a number of presentations to the EU nitrates committee, which is made up of all member states, securing its support and finally agreement, along with that of the Commission on all aspects. It is the Commission that proposes the implementing decision granting a derogation.

The derogation is contingent on measures to reduce the impact of agriculture on water quality. The legal provisions underpinning the derogation lay down parameters that include a long growing season, crops with high nitrogen requirements and high precipitation or rainfall levels. Ireland’s pasture-based system satisfies these criteria.

The derogation is also dependent on improving water quality. There continues to be an unprecedented and significant level of engagement and support right across the Government, farmers and the broader agrifood industry, who are all focused on the one common objective of improving water quality. Last year, the Department of Agriculture, Food and the Marine published its plan, Water and Agriculture - a collaborative approach, which underpins the work of the Department towards improving water quality - a precursor, as identified, to the delivery of a derogation.

This plan includes supporting farmers in a very targeted way through a free on-farm advisory service whereby approximately 50 advisers are visiting farmers under the ASSAP programme. This is coupled with a €60 million European Innovation Partnership which grant-aids farmers to implement targeted actions above regulatory requirements to improve water quality. Additionally, there are many actions under the ACRES agri-environment scheme supporting this objective. Finally, the plan includes a commitment to introduce an exempted development threshold for stand-alone manure storage under the planning regulations and members will note significant progress to this end recently.

Ireland will have to demonstrate compliance with the habitats directive. The Minister, Deputy Heydon, met Commissioner Roswall yesterday regarding Ireland’s nitrates derogation and this follows a visit by senior officials from the Directorate-General for Environment, DG ENV, in recent weeks. By way of update on the process required in securing a derogation, Ireland has now made three presentations at the EU nitrates committee in Brussels, the most recent of which was last Friday.

Engagement with national stakeholders has also been a key component of our approach. Since this committee’s meeting in late May, the agriculture water quality working group has met a further four times. From the start of this year, the group has been very much involved in developing the measures for the next nitrates action programme. We are now at the stage where the Ministers, Deputies Heydon and Browne, are reflecting and finalising the proposed measures that Deputy Browne will bring forward for public consultation in the coming weeks under the nitrates action programme alongside the draft Natura impact statement and the draft strategic environmental assessment that must accompany it.

Over the coming months, the Department of Agriculture, Food and the Marine, the Department of Housing, Local Government and Heritage and the broader Government will continue to work together and to engage with stakeholders at a national and European level on the next nitrates action programme and the nitrates derogation. That will ensure we get the best possible outcome for Ireland post 2025.

My colleagues and I are happy to answer any questions members may have about progress being made on this important issue.