The Department of Agriculture, Food and the Marine (DAFM) is set to formally apply to the European Commission for a renewal of the nitrates derogation today (Thursday, December 12).

The nitrates derogation, which allows around 7,000 farmers to farm at higher stocking rates, above 170kg of livestock manure nitrogen (N) per hectare, is currently due to expire at the start of 2026.

Farming organisations and industry stakeholders have warned of the impact the loss of the derogation would have on the Ireland's dairy sector.

The application follows a new report from the Environmental Protection Agency (EPA) suggesting that “nitrogen concentrations” in selected major rivers have “reduced in the first half of 2024 relative to other years”.

According to the EPA report between January to June 2024 nitrogen concentrations in waters nationally “are at the lowest they have been since 2016”.

The agency said an analysis shows “that this is likely to be representative of what happens nationally over the full year”.

The EPA’s Early insights indicator report -Nitrogen concentrations in selected major rivers is based on the nitrate concentration data for 20 river monitoring sites – situated at the most downstream monitoring locations on major rivers around Ireland.

Ireland is now just one of two EU member states benefitting from the nitrates derogation.

Last week, the general secretary of the department of agriculture, Brendan Gleeson said that he is “reasonably confident” Ireland will have a nitrates derogation after 2026.

He told the Irish Creamery Milk Suppliers’ Association (ICMSA) Annual General Meeting (AGM) that “an awful lot of work both technically and politically” has been done on the issue.

Gleeson said that in order to secure an extension to the nitrates derogation Ireland will have to demonstrate that “we are on a pathway to improved water quality”.

However, he said that he could not guarantee that there would not be some new conditionality applied if the EU Commission and member states agree to give Ireland an extension.

Gleeson said that Ireland “showed a united front” when a delegation from the European Commission visited Ireland in recent months.

He urged farm bodies and industry representatives to encourage their members to join the new €60 million Farming for Water European Innovation Partnership (EIP).

In August, Minister for Agriculture, Food and the Marine Charlie McConalogue published his department’s official plan to progress the objective of retaining the derogation post-2025.

The plan pulls together work done to date by the Agriculture Water Quality Working Group (WQG); the additional measures under the Nitrates Action Programme (NAP); and the on-going projects that will “help Ireland to improve water quality and secure the derogation”.