The conditions attached to the nitrates derogation have been described as “over-the-top” and “unworkable” by the ICMSA.

The association warned that farmers risk being excluded from the derogation in 2023 if they make a simple error this year.

This ‘one strike and you’re out’ approach to the derogation was not practical, the farm body claimed, and it called on the Minister for Agriculture, Charlie McConalogue, to soften the application of the rules.

ICMSA deputy president Denis Drennan pointed out that farmers risked having the organic nitrogen limit for their lands severely cut because of the actions of outside parties.

“Under the proposals, an individual could be farming to an exceptionally high environmental standard but because of the actions of others that led to the deterioration in water quality – a town sewage scheme, for example – that individual farmer could find themselves having to drastically reduce stock numbers from 2023,” Drennan explained.

“Likewise, if a farmer makes an error under their 2022 derogation, they will be excluded from even applying for the 2023 derogation,” said Drennan.

“The conditions attached to the derogation have to be workable and fair and compatible with other policy. These conditions are not and the onus is absolutely on Minister McConalogue to ensure that this changes,” he maintained.

However, Minister McConalogue insisted that farmers will have to comply with the existing regulations.

“Farmers have to follow the rules and comply with them and that will be a responsibility on farmers this time around as well,” Minister McConalogue told the Irish Farmers Journal.

“The derogation is really important to the country, to the dairy sector in particular. It’s important that we apply it appropriately and that we oversee it appropriately. It’s also important that farmers availing of it follow the requirements that are on them,” he added.