Cowen says "lack of nitrates transparency concerning for Irish farmers"
Fianna Fáil MEP for the Midlands North-West, Barry Cowen, has warned that Ireland risks accepting a nitrates derogation deal “without knowing the conditions attached”, following confirmation from the European Commission that it is recommending an extension of the derogation for Ireland.
The Commission has signalled its intention to propose the derogation’s renewal to the Nitrates Committee in December, after what it described as “extensive engagement” with the Irish authorities.
However, the details of the conditionality that will accompany the extension have not been shared with elected representatives, farming organisations or key parliamentary committees.
Cowen said that this lack of transparency is deeply concerning given the scale of the impact on Irish farming. The nitrates derogation currently allows approximately 7,000 farmers, responsible for 60% of Ireland’s milk output, to operate at higher stocking rates than the standard Nitrates Directive permits, provided ongoing improvements in water quality are demonstrated.
EPA data published this year shows significant progress, including a 25% reduction in nitrogen load since 2019 and improvements across rivers, coastal waters and groundwater, reflecting years of investment, stricter compliance and local advisory initiatives.
Despite this progress, the final terms of any extension will be shaped by the EU’s Nitrates Committee, an administrative committee composed of Member State officials, rather than elected political leadership. Under the procedure, the Committee may approve, amend or add conditions to the derogation before the Commission formally adopts it.
Cowen has raised concerns that this process risks bypassing democratic oversight and leaving farmers with terms they have not been consulted on.
Cowen has also warned that the shift in recent months towards linking the derogation to the Habitats Directive increases complexity and legal exposure.
As highlighted in his internal briefing to colleagues, this could subject farms to Appropriate Assessments similar to those that have stalled forestry and aquaculture licensing, potentially rendering the derogation unworkable in practice. A deal for the sake of a deal, he said, would not be a victory for rural Ireland.
“Any deal is not automatically a good deal. We still do not know what level of conditionality will be attached to the derogation, because those with a democratic mandate to represent Irish farmers have not been shown the proposal. That is unacceptable given the stakes involved.
“Decisions of this magnitude cannot be left entirely to an unelected committee. If the conditions being drafted make the derogation unworkable or unviable, then the time for targeted discussion is now, not after it is signed off and imposed on farmers.
“A deal that cannot function on the ground is not a deal at all. Before any announcement is made, our MEPs, Government, Oireachtas members and farming representatives must see the detail.
"Irish farmers deserve transparency and certainly not a derogation that collapses under the weight of its own conditions," MEP Cowen said.