Minister for Agriculture Martin Heydon plans on seeking an extension to the current nitrates derogation beyond December to buy the State the time it expects will be needed to complete potentially hundreds of “onerous” reports on the derogation’s impact on protected habitats.

The decision to seek an extension was made after the European Commission made clear its position that Ireland had to address the nitrates derogation’s impact on Natura 2000 designated sites for the State’s derogation application to even be considered, the minister stated.

Minister Heydon told the Irish Farmers Journal that the Commission had referenced a need for the State’s nitrates derogation application to address the Habitats Directive in meetings held earlier this year, but it had not “crystallised” this need until it outlined it in writing to Ireland in mid-June.

“There is no way you could get that work done this year. What we would require is time and an extension of the derogation for the people who have it while we carry out this appropriate assessment work.”

The decision on whether or not Ireland should get an extension falls to a vote of member states that would need to take place before December.

“That time and flexibility will be a key part of our ask – that everyone that has the derogation would continue to have it beyond the end of this year and like failure to put in this application, failure to address the Habits Directive means we reach a cliff edge at the end of this year.”

Minister Heydon would not be drawn on how long of an extension will be sought by Ireland, nor would he state definitively that Ireland’s proposed approach of conducting these appropriate assessments at catchment or sub-catchment level, rather than farm-level, will be accepted by Brussels.

He was also keen to point out that even by conducting these appropriate assessments, there is no guarantee the Commission or member states will back a new derogation for Ireland, but claimed that doing so will give Ireland the “best possible chance”.

“We don’t have, just to be clear though, we don’t have any nod and wink or firm commitment here. What we have is a very clear, very explicit indication that if we don’t address the Habitats Directive, where we’re not in play for next year,” he said.