Commission extends nitrates derogation for Ireland

This article is brought to you in association with the European Commission.

Today, the Commission extended Ireland’s derogation under the Nitrates Directive for a further three years, starting 1 January 2026. This decision follows the approval of the Commission’s proposal by Member States on 9 December. It is subject to additional conditions, including the evaluation of environmental impacts.

The Nitrates Directive aims to protect water quality across Europe by reducing pollution of surface and groundwaters with nitrates from agricultural sources and by promoting good farming practices. The Directive sets a limit on the amount of nitrogen from livestock manure that can be applied to agricultural land, but Member States can be allowed to derogate from the limit subject to strict conditions. Derogation requests are assessed based on water quality and trends in the Member State concerned and the measures being implemented to address pollution. Derogations must not have significant negative impacts on the status of water bodies or on the conservation of Natura 2000 protected areas.

Ireland has had a derogation under the Nitrates Directive since 2007. The current decision was due to expire at the end of 2025. The Commission has worked closely with the Irish authorities on their plans to improve water quality. It is on this basis that the Commission now agreed to extend the derogation. 

The new derogation maintains the conditions of the current derogation and adds additional ones reflecting the measures of the Irish Nitrates Action Programme as well as additional measures in areas with significant challenges in terms of nitrate pollution. It also takes account of Ireland’s commitment to carry out required environmental assessments as well as the farming industry’s need for certainty and predictability.

Next steps

The derogation will apply from 1 January 2026, for a period of three years.

Background

Ireland strengthened its Nitrates Action Programme in February 2025. In December 2025, Ireland adopted a new Nitrates Action Programme, keeping the previous measures and adding new ones, such as measures to ensure an equal distribution of manure on all fields for intensively stocked farms and an increase of manure storage capacity.

Farms with a derogation will have to ensure they know their numbers by calculating nutrient balances and soil tests. Moreover, as of 1 January 2028, farms with a derogation in areas draining into the Barrow, Slaney, Nore and Blackwater rivers and their tributaries, will reduce chemical fertiliser allowances by 5% and increase the width of buffer strips along watercourses.

Derogation decisions under the Nitrates Directive need the support of the other Member States (in the Nitrates Committee). The Committee is therefore closely involved in the preparation of the derogation in the year preceding the eventual vote. In the meeting of 9 December 2025, all Member States supported the extension of the Irish derogation, opening the way for adoption by the Commission.

For more information

Commission Implementing Decision granting a derogation on nitrates requested by Ireland