22-07-2025
- Politics
- Irish Independent
No guarantee on Nitrates Derogation extension
The Department announced last week that the European Commission has been explicit that Ireland must address the Habitats Directive as well as water quality if it wants to keep the derogation.
'I haven't been given any firm commitment from the Commission,' Mr Heydon said. 'It's really important that I'm clear on this. I haven't been given any nod and wink that we will get an extension. That is something that will be a vote from all member states.
'But it's been made very clear if we don't address the Habitats Directive, there is no vote on extending the derogation. So this is really the only option available.'
Speaking to the Farming Independent, he said the plan is to communicate to the Commission it is Ireland's intention to incorporate the Habitats Directive in order to keep the Nitrates Derogation.
The Minister also confirmed that appropriate assessments would not take place on a farm-by-farm basis, but rather on a catchment or sub-catchment basis.
The efforts and the work that farmers have made in improving water quality has kept us on the pitch, he said, but incorporating the Habitats Directive would take time.
While the vote by member states will be either in December or next March, he said the immediate plans is to 'officially indicate to the Commission this month that we will be addressing the Habitats Directive as part of our approach'.
He added: 'We obviously have a significant amount of work to do around that process for the autumn.
'We don't need the detailed plan to go to the Commission in July. I've no intention of trying to put together anything in a rush here, we will do this right.
'I'm being really, really clear with the Commission that we are engaging here in good faith to give us the best chance for that to continue.
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'To have the derogation, we need flexibility around time because what we will be undertaking will take years, will not be done in a couple of months, will not be done by the end of the year.
'My intention would be to indicate officially that we were addressing the Habitats Directive as part of that and drawing up a plan as what that looks like.
'There are 46 catchment areas and 583 sub-catchments and we know we would need to go through the sub-catchment basis as well as the catchment basis, and that is a very big undertaking.
'Our plan this year will be putting structures in place to be able to start that process as soon as possible, possibly over the winter into next year.'
This plan, he said, would involve hiring a number of ecologists, which he says is his intention to do within his Department.
'While we need to bring in outside expertise, I want to retain control of that within the Department. I think that's very important.'
By engaging in good faith with the Commission, we give ourselves the best chance for them to allow us to proceed with our plan and grant us a derogation
He also said it is his intention that his Department, or the Exchequer, will fund the Appropriate Assessment process.
'If a farmer individually wanted to do an appropriate assessment down the line, it will be open to them to do that, but I don't think that's a practical approach from the State, to say that we would do that at that level.'
He also said the process would take place on a phased basis, hence the need for an extension from Europe.
'Obviously, you're not going to be able to do all the country in one go, so this can be done in phases at a time. That's why the ask now is an extension as part of this process.
'No more than four years ago, when the detailed negotiations went to the wire and we were operating out of derogation if you like... there always is the risk that you don't get the derogation, and then overnight, we have a very big challenge in the country. So this will be down to the wire again.
'But my hope and expectation will be that by engaging in good faith with the Commission, we give ourselves the best chance for them to allow us to proceed with our plan and grant us a derogation.'
