The Habitats Directive, which requires European member states to adhere to strict conservation measures, is set to play a fundamental part in Ireland's bid to retain the nitrates derogation, according to the Social Democrats.

The party's spokesperson on Agriculture, Jennifer Whitmore, today (Monday, July 7) said the government has been told by the European Commission that it will have to "demonstrate compliance with the Habitats Directive" as part of its bid to secure the next nitrates derogation.

The Irish government officially informed the European Commission's Nitrates Committee last year that it "wished to apply for permission to continue applying in excess of 170kg of livestock manure nitrogen per hectare from 2026".

Last month officials from the Department of Agriculture, Food and the Marine and the Department of Housing, Local Government and Heritage met with the nitrates committee where they outlined "the changes introduced under the current Nitrates Action Programme (NAP) and the agri-food sector's engagement to improve water quality".

According to Deputy Whitmore the commission briefed officials that if Ireland wants to retain its nitrates derogation it will have to meet new criteria.

The Wicklow TD added: “In effect, this means any farmer grazing cattle near designated areas with protected species – which include 46 catchment areas with an average size of 150,000 hectares – will have to seek an assessment of the area before the application is granted".

Deputy Whitmore said today that the Social Democrats welcome the new criteria and also warned that the government "needs a plan B for farmers if their attempts to secure an extension of the nitrates derogation fail".

The party believes that the government should "not be seeking" an extension of the nitrates derogation because "previous extensions, failed to protect water quality and biodiversity".

The Minister for Agriculture, Food and the Marine, Martin Heydon, today also released an "update" on work that is being carried out in relation to the nitrates derogation.

He said a memo had been brought to government which set out "recent developments regarding Ireland’s next Nitrates Action Programme (NA) and renewal of Ireland’s nitrates derogation".

The memo "reiterated the strong cross-government commitment to improving water quality and retaining Ireland’s nitrates derogation"

Minister Heydon also confirmed ongoing "engagement" with the European Commission including the two presentations which have been made to its nitrates committee.

He said that Ireland will continue to engage with the committee and officials over the coming months.

According to Minister Heydon "the derogation facilitates, and is justified by, Ireland’s unique grass-based outdoor livestock production systems".

 Ireland is the only EU member state seeking permission to secure a derogation post-2025.  

Currently all other EU Member States have "either discontinued seeking the derogation or have been refused by the commission".