John Clendennen (Offaly, Fine Gael)
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1843. To ask the Minister for Agriculture, Food and the Marine for an update on a derogation rejection (details supplied); and if he will make a statement on the matter. [47393/25]

Martin Heydon (Kildare South, Fine Gael)
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The named applicant received an on-farm Nitrates Derogation inspection in 2024.

Arising from that inspection, and in line with the scheme Terms and Conditions for 2024, their application was subsequently rejected due to an exceedance of their chemical phosphorus allowance in 2024.

My officials have received an application for a review in relation to this rejection. This is currently being considered by the Regional Inspector who will communicate the outcome of that review to the applicant shortly.

The Nitrates Derogation Inspection Programme and overall compliance with the requirements as set out in the Nitrates Derogation Terms and Condition's, and the European Commission Implementing Decision granting our derogation, are essential elements supporting Ireland's Nitrates Derogation and Ireland's request for retention of the derogation post-2025.

John Clendennen (Offaly, Fine Gael)
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1844. To ask the Minister for Agriculture, Food and the Marine the average decision wait time following a Department inspection for a nitrates derogation application; and if he will make a statement on the matter. [47394/25]

Martin Heydon (Kildare South, Fine Gael)
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My Department conducts on-farm inspections on Nitrates Derogation farms annually from the closing date of the scheme to year-end. This is in line with the European Commission Implementing Decision granting Ireland's Nitrates Derogation and the Nitrates Derogation Terms and Conditions for the year in question.

After the on-farm element of the inspection, an Interim Notice is issued to the farmer, where preliminary results are provided. A further desk-check is carried out later to examine compliance with fertiliser limits.

Due to the nature of the controls that are a necessary part of this desk-check, my Department must wait until the end of year Nitrogen and Phosphorus statements, slurry export information as well as on-farm fertiliser closing stocks, are available to complete calculations and provide an accurate assessment of compliance for the year in question. Therefore, the timeline between on-farm inspection, and final notification to the farmer can be greater than six months.  

However, my officials do their best to provide information to the farmer as soon as possible and will continue to do so going forward.

The Nitrates Derogation Inspection process is an important element supporting Ireland's Nitrates Derogation and ensuring compliance is key in the Government's continued work to retain the derogation post-2025. 

John Clendennen (Offaly, Fine Gael)
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1845. To ask the Minister for Agriculture, Food and the Marine the average timeframe for an appeals decision in the case of a nitrates derogation application rejection; and if he will make a statement on the matter. [47395/25]

Martin Heydon (Kildare South, Fine Gael)
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My Department deals with requests from scheme applicants for internal reviews of the Department's decisions.  The Agriculture Appeals Office (AAO) deals with appeals requests. 

After an internal Department review,  the scheme applicant is notified of their option to appeal to the AAO if the original Department decision has been upheld.

If a scheme applicant (appellant), is dissatisfied with the Department's review decision and wishes to make an appeal, they must complete a ‘Notice of Appeal' form and submit it to the AAO.  The grounds of appeal are forwarded to my Department, and the AAO requests the relevant file and a statement regarding the appellant's grounds of appeal from my Department. 

The AAO request for the Department file and statement allows a 21-day period for my Department's response. Per the AAO, the Appeals Office then strives to have a Decision out to the appellant within 90 days of the date of receipt of the Department file and statement, and assignment of the appeal to an Appeals Officer.

The AAO Annual Report for 2024 states that the average time for a decision regarding an appeal, from the date the Department file and statement was received and the case assigned to an Appeals Officer was 73 days (across all schemes).

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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1846. To ask the Minister for Agriculture, Food and the Marine the up-to-date position at EU level regarding the need to retain the nitrates derogation; and if he will make a statement on the matter. [47398/25]

Martin Heydon (Kildare South, Fine Gael)
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Ireland's outdoor grass-based livestock production systems, which rely on manure recycling within the holding, necessitate and justify a continuation of the provision allowing application of a higher level of livestock manure nitrogen to our grassland.

As outlined previously, at the Nitrates Committee meeting last December, my officials advised that in accordance with the Nitrates Directive, Ireland wished to apply for permission to continue applying in excess of 170 kg of livestock manure Nitrogen per hectare from 2026, subject to a set of conditions that will ensure that application is scientifically justified and will continue to contribute to the achievement of the Nitrates Directive’s objectives.

Since then Ireland has make good progress at EU level with presentations being well received at the EU Nitrates Committee.  Bilateral engagement at official level is on-going.

The Taoiseach has raised the importance of Ireland’s Nitrates Derogation with Commission President, Ursula von der Leyen and I have engaged directly with Commissioner Roswall on this matter. 

In June the Commission wrote to Ireland outlining the need for assessments to be performed on the environmental effects of any potential new nitrates derogation including with regard to the objectives of the Habitats Directive.

Previously when preparing a new Nitrates Action Programme, and seeking an extension to our nitrates derogation, Ireland complied with the requirements of the Habitats Directive by performing one programme level national Appropriate Assessment.  However the Commission's letter is clear that more detailed assessments are now required for Ireland to be granted a further nitrates derogation.

My officials are engaging with stakeholders, as well as Habitats Directive and legal experts, to develop a proposed pathway that will shortly be presented to the Commission in response to their letter.

Over the coming months the Government will continue to engage with the European Commission and other EU Member States to ensure we get the best possible outcome for Ireland post-2025.