There is more uncertainty being created for farmers by the case against the Irish Nitrates Action Programme (NAP) being referred to the European Court of Justice (ECJ), the Irish Farmers’ Association (IFA) has said.

A high court judge referred the case about the legality of Ireland’s NAP, which governs the nitrates derogation, to the Court of Justice of the European Union (CJEU) this week.

The case has been taken by An Taisce against the Minister for Housing and the Minister for Agriculture, with both the IFA and Irish Creamery Milk Suppliers’ Association (ICMSA) named as notice parties.

IFA president Francie Gorman said: “The reality is that the referral to the CJEU adds further uncertainty for farmers, particularly those in derogation.

“[The] IFA will be engaging further with our legal team on what is a very complex case.

“As a notice party, we are conscious that this case is still before the courts. We have to respect the jurisdiction of the court and be conscious of what we say about the case in the public domain,” he said.

The fifth NAP and associated derogation is due to expire at the end of 2025, with the process to apply for a renewal due to begin shortly.

“Securing a renewal to the derogation is vital for the future of the entire agriculture sector. The Government must continue to pursue this while allowing the Judicial Review to take its course,” Gorman added.