Minister Heydon announces that Ireland has secured the continued availability of the Nitrates Derogation
- Published on: 9 December 2025
- Last updated on: 7 February 2026
Minister for Agriculture, Food and the Marine, Martin Heydon, has today announced that Ireland has secured the continued availability of the Nitrates Derogation. He welcomed a positive vote in favour of Ireland’s request for a Nitrates derogation at today’s meeting of the Nitrates Committee.
Speaking after the vote in Brussels, the Minister outlined:
“Securing continued availability of the Nitrate’s derogation has been a key priority for me as Minister and indeed for the whole of Government. Significant work has been undertaken since we notified the Nitrates Committee of our request for continued access to the facility over a year ago. Ireland’s request is based on the scientific criteria as provided for in the directive and which align with Ireland’s grass based, outdoor production model. Today’s vote marks the success of that part of the process. We now begin the next stage, commencing the work of addressing the key conditionality within the derogation decision."
As outlined previously, agreement was reached with the Commission on a three-year implementing decision which is a legal instrument providing for the derogation. Today that implementing decision was placed before the Nitrates Committee. Following a positive vote, the implementing decision will be adopted by the Commission in due course. The implementing decision sets out the conditions under which Ireland must operate the derogation, including the need to demonstrate enhanced compliance with the Habitats Directive along with several additional requirements from 2028 for derogation farmers in Ireland’s four catchments with the greatest gap to target in terms of nitrogen load reduction.
The Minister acknowledged the Taoiseach’s engagements with the Commission President Ursula Von der Leyen and the Tánaiste’s engagements with EU counterparts in progressing Ireland’s case. The Minister also recognised the visit of Commissioner Roswall to Ireland in November.
Minister Heydon said:
“I want to recognise Commissioner Roswall’s visit to Ireland in November, at my request and saw first-hand the importance of the Nitrates derogation to Irish farmers. I want to recognise the Commissioner’s engagement with stakeholders and in particular the visit to a typical Irish farm where we saw the best of Ireland’s, outdoor, grass-based system with two generations making a living from the farm. This family farm model, based on animals being outdoors is the cornerstone of our sustainability.”
The Minister continued:
“Improving water quality is a critical part of continued access to the Nitrates derogation. This is a key part of our plan, as published last year, ‘Water in Agriculture, a collaborative approach’. My department has been working constructively with the sector through the Ag Water Quality Working Group over the year. Irish farmers take their environmental responsibilities very seriously and are on a journey of continuous improvement. This objective is shared by all of industry, stakeholders and farmers. Yesterday the Minister for Housing, Local Government and Heritage signed into law the 6th Nitrates Action Programme, aimed at further strengthening actions by farmers on water quality."
Earlier this year, the Commission sought assurances on implementation of the Habitats Directive in respect of derogation farms. The Department of Agriculture, Food and the Marine will now commence the process of conducting catchment level assessments under the Directive.
The Minister outlined:
“This is a significant body of work, something we had to commit to as part of securing a derogation and I have consistently identified the need for time and space to ensure a thorough, comprehensive approach to this task. Over the coming three years, my department will engage with stakeholders as we deliver this work.”
Finally, the Minister welcomed the three-year decision, something that will give farmers certainty, concluding:
“I will continue to work with farmers on this journey and on the task of improving water quality and ensuring continued availability of the derogation beyond the current decision. This must be our priority now as we chart our way forward.”
Notes
The 6th Nitrates Action Programme (NAP) has been signed into law by the Minister for Housing, Local Government and Heritage. It sets the minimum regulatory requirements that will apply over the next three years for all farmers including those in derogation. The changes under the 6th NAP are set out below in tabular form.
In addition, under the implementing decision for derogation farmers, derogation farmers will be subject to the following additional requirements in the Slaney, Barrow, Nore and (Munster) Blackwater river catchments: These catchments exhibit the highest distance to target required to support healthy aquatic ecosystems as outlined in the EPA Report ‘Evidence based targeting of agricultural measures to reduce nitrogen in catchments to achieve water quality objectives’ published last August.
From 1 January 2028, the annual maximum grassland fertilisation rate from chemical fertilisers on holdings with an authorisation shall be reduced so that as of 2028 the rates are 5% lower than the rates published in the Irish Action Programme as implemented in Statutory Instrument No 42 of 2025, European Union (Good Agricultural Practice for Protection of Waters) Regulation 2022, as amended. If a revision of the fertilisation norms sets lower values, those lower values shall apply.
From 1 January 2028, on holdings with an authorisation, chemical fertilisers shall not be applied to grassland within 4 meters of any surface waters, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply. From 1 January 2028, organic fertilisers, including manure and soiled water, shall not be applied to land within 8 meters along any surface water and within 20 meters of any surface waters where the land has an average incline greater than 20% towards the water, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.
6th NAP Regulatory Measures as set out in National regulations.
|
Measure |
Timeframe |
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At time of BISS application 2026 |
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|
1st October 2028 |
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|
2026 |
|
|
1 January 2028 |
|
|
2026 |
|
|
2026 |
|
|
31st December 2027 |
6th NAP non-regulatory measures
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