The nitrates derogation for 2022 will not be approved before the year's end, the Irish Farmers Journal understands.

The current nitrates action plan (NAP), which the derogation forms part of, expires at the end of 2021.

The renewal, which would be the fifth NAP, requires Brussels approval to be enacted from 1 January 2022, but this will not now happen in time.

The Department of Housing, Local Government and Heritage has primary responsibility over the NAP, assisted by the Department of Agriculture.

It has now informed the Irish Farmers' Association (IFA) that the current proposed plan for 2022-2025 will not have gained approval by the end of the year.

The Commission cannot approve it until its next meeting, scheduled for March 2022.

Extension

IFA environment chair Paul O’Brien has called for the existing NAP, including the derogation, to be extended until the next NAP has been formally approved.

“This news is extremely worrying. The existing nitrates regulations are due to expire at the end of the year, yet the new proposals are not agreed.”

IFA dairy chair Stephen Arthur added: “It was expected that the derogation would be sought at December’s meeting. We are now looking at a delay of three months with no clarity in the interim.”

Arthur highlighted the critical importance of the derogation to the 8,000 dairy and drystock farmers who avail of it.

“Minister Darragh O'Brien must extend the current good agricultural practice for protection of waters regulation, which farmers know as the nitrates regulations, to provide farmers with certainty,” O'Brien said.

"We need agriculture minister Charlie McConalogue to stress the vital importance and urgency of this matter on his cabinet colleagues.

"Farmers need assurances that they can continue to operate under the existing regulation and derogation until the NAP review process has been completed and approved by the European Commission in the new year.”