EU Nitrates Directive

The EU Nitrates Directive came into force in 1991 to limit water pollution, mandating a limit of 170 kilograms of organic nitrogen per hectare for slurry (diluted manure and urine from animals used as a fertiliser) and manure spreading on farmland.¹

Ireland is one of just five EU member states to have recently held derogations from the Directive. These allow “derogation farms” to apply greater amounts of slurry and manure than typically afforded by the Directive, provided specified measures are undertaken.²

Belgium (Flanders region), Denmark, and the Netherlands have indicated they will not be renewing their derogations, leaving Ireland as possibly the only EU member state to seek a derogation from 2026 onward.³

The Nitrate Directive policy and associated national Nitrates Action Programmes aim to reduce nitrogen pollution, as well as mitigate the overall climate impact of farming.⁴ Nitrogen fertiliser can cause algal blooms and harm waterways, while its presence in soil increases emissions of the heat-trapping gas nitrous oxide that contributes to atmospheric warming.⁵

In 2021 the European Court of Auditors stated that Ireland was notable as being “among the highest greenhouse gas emitters per hectare” due to being one of four EU countries which have a derogation from the Nitrates Directive.⁶ The Auditor also noted that, “since 2014, in Ireland, the area under derogation has increased by 34 percent”.

On September 6, 2023, the European Commission confirmed a reduction to Ireland’s EU Nitrates Directive derogation limit.⁷ As a result, since January 2024, derogation farms have been required to reduce the intensity of slurry spreading from a maximum of 250 kilograms of organic nitrogen per hectare to 220 kg.

References

1
“Nitrates Directive,” Department of Housing, Local Government and Heritage, 2020. Archived December 24, 2020. Archive URL: https://archive.ph/Onkvi
2
“Derogation from the Nitrates Directive – Process Explained,” Irish Co-operative Organisation Society (ICOS), 2021. Archived January 26, 2022. Archive URL: https://archive.ph/ORILC
3
Amy Forde. “Why Denmark won’t be renewing its nitrates derogation,” Irish Farmers Journal, April 18, 2024. Archived April 18, 2024. Archive URL: https://archive.ph/SVEtR
4
“Nitrates Directive,” Department of Housing, Local Government and Heritage, 2020. Archived December 24, 2020. Archive URL: https://archive.ph/Onkvi
5
Mark Sutton and Hans van Grinsven. “The European Nitrogen Assessment: Summary for policy makers (ENA)” in: Sutton, M.A. et al, European Nitrogen Assessment (ENA), 2011. Archived April 12, 2024. Archive URL: https://archive.is/YMnU6
6
“Common Agricultural Policy and climate: Half of EU climate spending but farm emissions are not decreasing.” European Court of Auditors. June, 2021. Archived June 21, 2021. Archive URL: https://archive.ph/YihLR
7
“Commission rules out re-visiting Ireland’s Nitrates Derogation decision”, Teagasc, September 6, 2023. Archived October 1, 2023. Archive URL: https://archive.is/ewlyE