Department of Agriculture publishes Nitrates Derogation Map
- Published on: 3 October 2023
- Last updated on: 15 April 2025
The Minister for Agriculture, Food and the Marine, Charlie McConalogue, today provided clarity to derogation farmers impacted as a result of the recent water quality review.
The Minister outlined:
“In early 2022, my department secured a Nitrates Derogation for Irish farmers from the EU Commission to 2025. However, due to a number of factors impacting water quality, the implementing decision required a mid-term review of water quality. Following this review, I sought maximum flexibility from the EU Commission in relation to the reduction in the maximum limit to 220 kg/ha. When it became clear that it was not possible to change this requirement, I moved quickly to bring clarity to farmers impacted by the reduction from next year.”
While the EU Commission made it clear that derogation decision would not change, they did identify some very limited opportunity for interpretation of the Map identifying areas to move to 220 kg/ha. This process that has now been completed and has resulted in the removal of a small amount of land where underlying water quality is good and the appropriate action from an agricultural perspective can protect that good water quality status.
Minister McConalogue commented:
“My department and the Department of Housing, Local Government and Heritage have engaged actively, and the Maps published today reflect a modest decrease in the area impacted by the reduction in the maximum stocking rate, while abiding by the criteria laid down in the Commission’s Implementing Decision. I recognise that this is a challenging outcome for some farmers. I have been consistent with my aim to quickly provide clarity to affected farmers to give them as much time as possible to put plans in place as appropriate to their farm enterprises.”
The final Implementation Map identifying areas that are subject to a reduction in limit in 2024 is published on the DAFM website and can be accessed at the link: https://www.gov.ie/en/publication/c9563-rural-environment-sustainability-nitrates/#water-quality-review-implementation-map-for-2024
A proportion of derogation farms will have lands in both the 250kg/ha area and the 220kg/ha areas. The limit on these farms will be calculated on a parcel-by-parcel basis and where any part of the parcel is within the areas identified at the 250 kg limit, the whole parcel will be subject to this higher limit.
The Department of Agriculture, Food and the Marine will be writing to derogation farmers in the coming weeks, to confirm the reduction from 250 to 220 and provide any information relevant to the changes. In the interim, the maps published today will enable farmers to access the information necessary to assess their individual nitrates limit from 1 January next year. Farmers are urged to engage with their agricultural advisors to review this data to inform the best option or combination of options available to them to adjust to any changes at farm level.
Notes
A PDF version of the map has been published on the department’s website along with a link to where the map can be downloaded. A guidance document on how the map can be loaded and viewed on an interactive map (Geohive) is also included, which will allow farmers and their advisors to zoom in to clarify the position for land located on the boundary between the 220 and 250 zones. The department is working to make the process of engaging with the interactive map more user friendly; this will be available shortly.
The interpretation regarding the Map, resulted in the removal of a small amount of land equating to 6% of the total area initially identified to move to 220kg/ha. Although these areas did not meet the criteria set down in Article 12 of the Commission Implementing Decision, solely due to an increase in nitrates concentration between 2021 and 2022, water quality is still good and the appropriate action from an agricultural perspective is identified as being to protect that good water quality status. Farmers in these areas may continue farming at a maximum derogation stocking rate of 250 kg Organic N/ha.