Dáil Éireann Debate, Thursday - 26 October 2023
62. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine if the Government’s agreed decision on derogation will not be as severe as anticipated for west Cork farmers (details supplied). [42055/23]
View answerLet me be very clear in stating that securing the continued opportunity to avail of a nitrates directive for Irish farmers is Government policy. It was in the last Programme for Government and remains a policy position. I will work with farmers to improve water quality which is key to securing that derogation in the next round of negotiations and into the future.
Ireland's current Nitrates Derogation includes a requirement for a two-year water quality review. The European Commission Implementing Decision states that the maximum derogation stocking rate must reduce to 220 kg nitrogen per hectare (N/ha) from the start of 2024 in areas draining into a Nitrates Directive monitoring point where water quality is poor, or where worsening trends occur over the period 2022 compared to 2021.
The Environmental Protection Agency (EPA) completed the water quality review in accordance with the Commission criteria. In June they published the outcome of the review, as illustrated by the "red map" showing areas that failed at least one of the Commission's four criteria.
Earlier this year I committed to further engagement with the Commission regarding the water quality review. That engagement culminated in a meeting with Commissioner Sinkevicius in early September. While the Commissioner was clear there could be no re-opening of the Commission Decision, the Commission was willing to consider limited scientifically justified interpretation of the results of the water quality review.
The interpretation exercise concluded in early October. It resulted in the exclusion of areas that failed the review solely based on an increasing nitrate concentration but where water quality was still good and agriculture was not identified as a pressure on water quality.
On the 3rd of October my Department published the implementation map showing the areas that must move to the maximum derogation stocking rate of 220 kg N/ha from January 2024.
In Cork in particular there is a mix of land that will remain at the current maximum derogation stocking rate of 250 kg and land that will move to the lower maximum stocking rate of 220 kg N/ha. My Department is currently categorising all land parcels with a view to shortly writing to individual farmers to set out their position based on land declared this year.
This letter will outline that following consultation with the Ag Water Quality Working Group, the derogation stocking limit of 220 or 250 kg N/ha will apply on a parcel-by-parcel basis. This rule will apply across and within townlands. Commonage land will maintain its lower stocking rate limit of 50kg N/ha. Where any part of a parcel is within the areas identified as remaining at the 250 kg limit, the whole parcel will remain at that higher limit for 2024.
Ireland is also shortly to complete an Interim review of the Nitrates Action Programme, as required by the European Commission, addressing actions that farmers can take to improve water quality. Part of that process will include an Appropriate Assessment that must be completed as part of this Interim Review of the Nitrates Action Programme, and which may be identify further areas that will have to move from the current maximum derogation stocking rate of 250 kg N/ha.
To allow an appropriate lead time, any land that is impacted by that process will only be subject to the lower limit with effect from January 2025. My Department will communicate in due course with any potentially impacted farmers when the outcome of that Appropriate Assessment process is known.
