On Tuesday 9 December the Nitrates Committee of the European Commission will vote on whether or not to accept the Commissions proposal to grant Ireland a three-year extension to its nitrates derogation.

While not a foregone conclusion, it is expected that the member states will ratify the decision. Countries like the Netherlands and Denmark would like to have a derogation in their own countries, so to have at least one other member state with a derogation sets a precedent.

Non-governmental organisations though will not be happy, particularly An Taisce who took a case to the European Court of Justice against the granting of the previous derogation.

ADVERTISEMENT

The Irish Farmers Journal understands that there is a hearing in this case later this week, with a full decision expected in six months’ time.

It is understood that the if this case is lost, then additional measures may be applied to the extension period between 2026 and 2028.

IFA president Francie Gorman will attend this hearing as the IFA is a notice party in the case.

Irish farmers can expect a backlash on media and social media from the likes of An Taisce, if the nitrates committee vote in favour of the extension.

If the member states vote in favour of the extension, then the full texts of the terms and conditions are likely to be known.

It is expected that the terms will include a rule that farmers in the Nore, Slaney, Barrow and Blackwater catchments will have to adhere to wider buffer strips and lower chemical N rates by 2028.

A successful outcome at the nitrates committee meeting will be seen as a win by Minister for Agriculture Martin Heydon.

The Minister has repeatedly said that securing a new nitrates derogation for Ireland is his number one priority.

While Tuesday's vote is not a new derogation, it is a three-year extension while Ireland undertakes an appropriate assessment process, the outcome of which will determine future derogations.