Netherlands makes formal request for new nitrates derogation
It had been thought that Ireland would be the only EU member state seeking an extension to the nitrates derogation when our current derogation expires on December 31 this year.
This had been the impression of Irish farm organisations, and also appeared to be the view of Minister for Agriculture, Food and the Marine Martin Heydon.
When a new coalition government came to power in the Netherlands last year, it indicated in its coalition agreement document that it would look to retain the derogation.
It now appears that the government there has now made the first official moves to implement that coalition policy.
Under the EU Nitrates Directive, farmers with a derogation can farm at stocking rates over the standard derogation limit of 170kg of nitrogen (N) per hectare. In Ireland at present, famers can avail of a derogation of 220kgN/ha.
Prior to January 1, 2024, the upper stocking limit of the derogation throughout Ireland was 250kgN/ha, though this had to be reduced due to rules around water quality (there are small pockets of the country where the higher limit still applies).
In a letter submitted this month to the Dutch House of Represeantives (the country's equivalent to the Dáil), the Minister for Agriculture, Fisheries, Food Security and Nature, Femke Wiersma, said: "The derogation from the Nitrates Directive will expire on December 31, 2025. However, maintaining the derogation is of paramount importance for both Dutch agriculture and for the preservation of grassland and thus water quality.
"I inform the House that, in parallel with sending this letter, I have submitted an application to the European Commission for a new derogation," Minister Wiersma said.
The minister said that the content, scope, and conditions of a derogation will need to be further developed in discussions with the European Commission.
It also appears that the Dutch are seeking a region-specific derogation, in line with last year's coalition agreement.
The formal letter making the request for a derogation was sent directly to the European Commissioner for the Environment Jessika Roswall, who is the commissioner in charge of the Nitrates Directive.
A spokesperson for the European Commission confirmed to Agriland that the formal request for an extension of the derogation has been received by the commission.
In the letter, seen by Agriland, Minister Wiersma said (translated from Dutch): "On December 31, 2025, the Commission Implementing Decision of September 30, 2022, granting a request by the Netherlands pursuant to [the] directive concerning the protection of waters against pollution caused by nitrates from agricultural sources, will expire.
"I therefore request you [the commissioner], on behalf of the Dutch government, to grant a new region-specific derogation from the standard use of 170kg of nitrogen per hectare per year for animal manure...for the Netherlands, effective January 1, 2026," the minister added.
She requested Commissioner Roswall to consider the request for a derogation and initiate the necessary decision making process.
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