Minister Martin Heydon has been urged today (Tuesday, July 8) to "give clarity" to farmers on a European Commission requirement that Ireland “must demonstrate compliance” with the Habitats Directive when granting farmers a nitrates derogation.

The Sinn Féin spokesperson on agriculture, Martin Kenny, said the new requirement from the European Commission, is a "very concerning development for those farmers who require the derogation".

The TD for Sligo-Leitrim also believes the direction from the European Commission "will have a serious impact on many farms throughout the country and could potentially in some cases prevent some famers from getting a derogation".

There are 600 sites in Ireland designated under the Habitats Directive and the Birds Directive. Sites range in size from 1ha up to 76,000ha.

These sites are designated as either Special Conservation Areas (SAC) and/or Special Protection Areas (SPA). They are generally referred to as Natura 2000 sites.

Under the Habitats Directive, any plan or project “likely to have a significant effect on a designated site or species” must be subject to Appropriate Assessment of its implications for the site.

The European Court of Justice has ruled that the “grazing of cattle and or the application of fertilisers on the surface of land or below its surface” in the vicinity of Natura 2000 sites may be classified as a project.

According to the Department of Agriculture, Food and the Marine (DAFM), the granting of nitrates derogations is considered by the commission to be “authorisation of a project” and is therefore subject to the assessment requirements of the Habitat’s Directive.

The DAFM has confirmed that the first stage in the Appropriate Assessment process is screening, which determines if a project “is likely to have a significant effect on a designated site”.

If the project is likely to have an effect – or if it is unclear what the effect might be – then the project must be subject to an Appropriate Assessment, which is a detailed impact assessment of the implications of the project on the “integrity of a Natura 2000 designated site”.

DAFM plans to carry out any screening and Appropriate Assessments at a “catchment and sub-catchment” scale to deal with the nitrates derogation compliance requirement.

There are 46 catchments in Ireland. These catchments are further divided into 583 sub-catchments.

According to Deputy Kenny, Minister Heydon needs to provide clarity "on what these assessments involve, how long they will take and what it will mean for farmers.”