A delegation from the Irish Farmers Association (IFA) was told that the European Commission received no proposals from the Irish Government seeking flexibility on the nitrates derogation saga.

The IFA delegation - including president Tim Cullinan, director general Damian McDonald, chief economist Tadhg Buckley and Aine O'Connell - met with European Commissioner for the Environment Virginijus Sinkevicius in Brussels on Wednesday.

According to the IFA, the Commissioner was open to offering flexibilities to Irish farmers in advance of the reduction in the derogation from 250kg N/ha to 220kg N/ha.

This follows on from a meeting the Commissioner had with Fine Gael MEP Colm Markey on Monday, after which Markey confirmed that a six-month delay to the implementation of the cuts was available.

These concessions by the Commissioner that flexibility is available to Irish farmers on the derogation issue is in stark contrast to what Minister for Agriculture Charlie McConalogue has been saying and also senior inspector in the nitrates division in the Department of Agriculture Ted Massey.

'More time'

Speaking at the Moorepark open day in July, Massey said that the Department sought more time from the Commission, but that this wasn’t forthcoming.

“We have argued for more time from the Commission, but in response to that, the Commission say to us ‘we don’t have time’ and that’s where the real challenge is,” he said.

In September, the Minister said that he met with the Commissioner and put a strong case to him to retain the derogation at 250kg N/ha for next year, but that the Commissioner said there was “no prospect of revisiting the current decision”.

In June, the Government established a water quality working group, comprised of key stakeholders including Teagasc, the Envionmental Protection Agency and farm organisations.

The Government sought proposals from this group with a view to submitting them to the Commission.

Split approach

The IFA proposal included a split approach to organic and chemical nitrogen per hectare, allowing for an overall reduction in nitrogen load.

It has since emerged that the Commission said it is still waiting for proposals to come forward from the Irish Government around how they propose to implement the terms of the interim review.

Under the terms of the Commission implementing decision, this was supposed to have been issued by 30 September.

The Irish Farmers Journal has asked the Department of Agriculture for details of all correspondence sent to the Commission where it has sought flexibility, as per the Minister’s statement.

In response to the controversy over whether or not the Department has sought flexibilities from the Commission, IFA president Tim Cullinan has sought an urgent meeting with Minister McConalogue.

The questions to be answered are:

  • How come the Commissioner has informed MEP Colm Markey and the IFA that he is open to flexibilities when Minister McConalogue said there "was no prospect" of changes to the decision?
  • Has the Department of Agriculture requested flexibilities from the Commission on the implementation of the decision to cut the derogation?
  • How come farmers still have no clarity on what is actually due to happen regarding the derogation which is due to come into force in six weeks' time?
  • Update: Minister’s letter

    The Irish Farmers Journal has seen a letter from Minister McConalogue to Commissioner Sinkevicius dated 23 August, in which the Minister requests “flexibilities that may be available in respect of Ireland’s current nitrates derogation”.

    The letter sets out a number of reasons why the Commission should reconsider the proposed reduction from 250kg organic N/ha to 220kg and invites the Commissioner to visit Ireland.

    Read more

    McConalogue asked Brussels to delay derogation cut