The IFA has called on Minister for Agriculture Martin Heydon to publish all relevant communications from the European Commission linking greater compliance on the Habitats Directive with Ireland’s nitrates derogation renewal application.

In a letter to Minister Heydon, IFA president Francie Gorman said communication between the Commission and the Department of Agriculture should “be made available to stakeholders as a matter of urgency” and in the “interests of transparency”.

Brussels demanded that Ireland prove the nitrates derogation does not negatively impact protected habitats, and hundreds of “onerous” regional habitat assessments would be required as a consequence, Minister Heydon claimed last week.

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Gorman expressed serious concerns that “the requirement to prepare an appropriate assessment plan at catchment and/or sub-catchment level” introduced “significant additional legal and administrative burdens on Irish farmers”.

He also sought greater clarity on the Dutch nitrogen case, which was cited by Minister Heydon as a factor in the Commission’s demand that Habitats Directive requirements inform Ireland’s derogation renewal application.

“Does grazing livestock or applying fertilisers near Natura 2000 sites qualify as a ‘project’ that necessitates prior authorisation?” Gorman asked the minister. “In this context, it would be helpful if we could have sight of the Attorney General’s opinion on the legal interpretation of the Dutch judgement and how this resulted in the letter from the Commission on the 10 June,” the letter adds.

Gorman insisted that the current derogation regime must remain in place while all appropriate assessments are concluded, that new entrants to farming must be allowed to apply for a derogation throughout the appropriate assessment process, and there must be a process for farmers to appeal any decision.