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Nitrates extension a relief but sector faces challenge

December 17th, 2025 8:55 AM

By Sylvia Pownall

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THE extension of Ireland’s nitrates derogation for three years has been given a cautious welcome, but with concerns expressed over extra conditions imposed by the EU.

Some farming bodies and politicians have questions over how compliance with the Habitats Directive will be implemented. There are also fears that increased buffer-zone requirements will limit production capacity in some areas.

The Irish Creamery Milk Suppliers’ Association (ICMSA) welcomed what it described as ‘a sensible and proper recognition of our unique grass-based system’.

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However its president Denis Drennan warned of big challenges ahead, calling for funding for slurry storage and raising the question of a longer-term extension to offer farmers some security.

‘A three-year extension, while obviously welcome, is not a suitable timeframe for long-term planning for farmers,’ he said. ‘This needs to be addressed, particularly in the context of generational renewal.’

He said that, for the government’s part, it must ensure that the requirements imposed by the Habitats Directive are fair and reasonable on farmers and that farmers are not made ‘fall guys’ for past failures of the Government in terms of implementing the Habitats Directive. This, he noted, is a big worry for farmers and the assessment must be balanced.

Minister for Nature, Heritage and Biodiversity Christopher O’Sullivan (FF) said the extension would give certainty to farmers while a course is charted beyond the current decision.

‘This decision will bring relief,’ he said. ‘Securing the continued availability of the nitrates derogation and giving our farmers that certainty has always been a key priority for me and my department.

‘The plan now is to adopt, adapt and chart a course beyond 2028, and find a long-term solution.’

Minister for Housing, Local Government and Heritage James Brown on Monday signed into law the Sixth Nitrates Action Programme, aimed at further strengthening actions by farmers on water quality.

‘Water quality has to remain a priority,’ conceded Minister O’Sullivan. ‘But indications are that the measures and steps derogation farmers are taking are working in terms of improving water quality.’

The EU decision sets out the conditions under which Ireland must operate the derogation, including the need to demonstrate enhanced compliance with the Habitats Directive along with several additional requirements from 2028 for derogation farmers in Ireland’s four catchments with the greatest gap to target in terms of nitrogen load reduction.

Cork South West Fine Gael Senator Noel O’Donovan said it was ‘an incredibly welcome announcement for farmers in West Cork’.

He added: ‘The European Union has recognised the significant work of farmers in Ireland in improving water quality and the uniqueness of our grass-based model.

‘Securing derogation was vital in supporting farm families and farms across West Cork. 66% of Carbery Milk suppliers are in derogation so the announcement today is not just critical for farms and families, but for the sustainability of all our rural communities and the rural economy.’

MEP Billy Kelleher described the news as ‘a good day for the Irish dairy sector’.

He continued: ‘This is a positive step and one that will give certainty to farmers currently in derogation and to the wider agri-food sector which employs thousands of people in rural Ireland.

‘Of course, the conditionality attached to this extension will be difficult for some, but the alternative was an end to the derogation for everyone.

‘The Government must provide funding for on-farm measures such as additional slurry storage capacity and Low-Emission Slurry Spreading (LESS) equipment.

Independent Ireland TD Michael Collins welcomed the decision, which he said gives 7,000 farmers vital breathing space. But he said the government must stop applying double standards – pointing to a ‘disproportionate focus’ on the sector by some groups ‘when it comes to the State’s own failures on water quality’.

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