The European Commission has confirmed that Ireland will retain its special exemption under the EU Nitrates Directive for an additional three years, beginning on 1 January 2026. The extension was backed by all Member States in early December and comes with new environmental conditions aimed at improving water quality.

The Nitrates Directive is designed to protect Europe’s rivers, lakes, and groundwater from agricultural nitrate pollution. While the rules normally limit how much livestock manure farmers can apply to their land, countries may request a derogation if they can prove it will not harm water bodies or protected habitats. Ireland has held such an exemption since 2007.

The Commission said the renewal reflects ongoing cooperation with Irish authorities and recent updates to Ireland’s Nitrates Action Programme. The extended rules keep existing requirements and introduce extra measures in regions facing higher nitrate pressures. These include stricter monitoring, environmental assessments, and additional actions for farms operating at higher stocking rates.

Ireland’s revised programme, adopted in late 2025, also brings in new obligations such as improved manure distribution, increased storage capacity, and more detailed nutrient planning. From 2028, farms in certain river catchments will face reduced chemical fertiliser limits and wider buffer zones along waterways.

The renewed derogation will run until the end of 2028, offering farmers regulatory certainty while reinforcing the EU’s push to safeguard water quality.

Source: European Union

What Is a Derogation and Why Does It Matter?

A derogation is a temporary exemption that allows a country to follow slightly different rules from the standard requirements of an EU law. It doesn’t remove the law — it simply gives permission to apply it more flexibly for a limited period, usually when local conditions make strict compliance difficult.

Countries typically request derogations when:

• They need more time to meet environmental or regulatory targets
• Farming or industry practices require transitional arrangements
• Scientific assessments show the exemption won’t harm protected areas or water quality

The European Commission explains that derogations under the Nitrates Directive are only granted when they “do not compromise the protection of water bodies or Natura 2000 sites” (European Commission, Nitrates Directive overview).

In simple terms: A derogation gives a country breathing room — but only if it can prove the environment will still be protected.

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