Public consultation launched on the additional measures for Nitrates Action Programme and Natura Impact Statement
- Foilsithe: 4 Samhain 2024
- An t-eolas is déanaí: 12 Aibreán 2025
The Minister for Housing, Local Government and Heritage, Darragh O’Brien and the Minister for Agriculture, Food and the Marine, Charlie McConalogue have today launched a public consulation to take into account public views on the Draft Additional Measures for the Fifth Nitrates Action Programme (NAP) and the Natura Impact Statement (NIS).
Ireland’s NAP gives effect to the requirements of the Nitrates Directive in Ireland and is a critical piece of legislation to protect water quality from agriculture. The current Fifth NAP runs from 2022-2025 and the changes proposed are an important element of the interim review of the programme, which commenced in 2023. These additional actions are aimed at delivering improvements in water quality and follow extensive review and stakeholder engagement with the Agriculture Water Quality Working Group resulting in recommendations to both Ministers on the actions proposed.
The Additional Measures and the Natura Impact Statement reports are published on both departments’ websites to accompany a 30 day consultation process.
Minister O’Brien today emphasised:
“It is clear that some additional measures are needed to improve and protect water quality. However, we need to ensure that the additional measures are the right ones to deliver these necessary improvements. The public consultation process is an important step in ensuring those most affected are listened to and that the most appropriate measures are proposed. Therefore we invite and welcome all submissions."
Minister McConalogue added:
“All farmers and agri sector stakeholders have a role to play in delivering on Ireland’s water quality goals. It is such collaboration, as is being channelled through the Agriculture Water Quality Working Group (WQG) I established in May 2023, that will see the dial turn for our water quality. These additional measures, in combination with the existing measures already being undertaken and embraced by farmers, are part of a whole of industry effort to deliver the required water quality improvements to secure a Nitrates Derogation into the future.”
A separate four-week public consultation on the Strategic Environmental Assessment for the Fifth NAP additional measures is scheduled to start in mid-November.
In addition to ensuring implementation of all additional measures, both departments will be working closely on developing and finalising the Sixth NAP to be in place by 1 January 2026. The Sixth NAP must be in place before a vote on Ireland’s derogation renewal by Member States can occur.
Notes
Ireland’s Nitrates Action Programme (NAP), through the European Union (Good Agricultural Practice for Protection of Waters) Regulations (S.I. 113 of 2022), as amended, gives effect to the requirements of the Nitrates Directive.
The purpose of the Regulations is to prevent pollution of surface waters and groundwater from agricultural sources and to protect and improve water quality.
The Fifth NAP was published in March 2022 and committed to undertaking an interim review of the programme in 2023. Subsequently Ireland was granted a nitrates derogation through the Commission’s Implementing Decision on the Nitrates Derogation allowing certain farmers, upon application to the Department of Agriculture, Food and the Marine (DAFM), to exceed the 170 kg N/ha/year organic manure limit up to a maximum of 250 kg N/ha. Derogation farms are subject to compliance with specific and stricter environmental protection measures. Ireland's current NAP and derogation expires in December 2025.
Under Article 12 of the Commission’s implementing decision Ireland was required to undertake a review of water quality. In areas where the water quality criteria set down in Article 12 was not achieved, derogation farms in these areas are limited to a maximum stocking rate of 220 kg N/ha per year rather than 250 kg N/ha per year. This measure was implemented from 1 January 2024. In addition, the implementing decision stipulates that additional measures should also be applied under the Fifth NAP.
The closing date for receipt of responses is 4 December 2024. The consultation paper can be downloaded from the departments' websites.
Agriculture Water Quality Working Group
To address the need to improve water quality, through stakeholder engagement and commitment, the Agriculture Water Quality Working Group was established in May 2023. The Group includes representatives from agri-food sector the farm organisations, government departments, and State agencies working collaboratively across three objectives:
1. seeking to improve awareness of the impact individual actions can have on water quality,
2. to improve compliance with existing rules, and
3. to consider what new measures should be introduced to drive improvements in water quality
For the Natura Impact Statement, Regulation 42A (13) of the European Communities (Birds and Natural Habitats) Regulations, 2011 (S.I. 477 of 2011), as amended stipulates that a 30-day public consultation is required as part of the appropriate assessment determination process of the additional measures in the 5th NAP.
Separately, a public consultation of the Strategic Environmental Assessment (SEA) of these additional measures in the 5th NAP will be undertaken to comply with the requirements of the Directive 2001/42/EC on the assessment of the effects of certain plans and programmes (or modifications thereto) on the environment (the SEA Directive) as implemented in Ireland through the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations (S.I. No. 435 of 2004), as amended, and the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004), as amended.