The European Union’s Court of Justice (CJEU) will be summoned to determine a verdict on legal matters pertaining to the validity of Irish and European nitrate derogation policies. Last Wednesday, the High Court decided that a number of issues from An Taisce’s opposition to Ireland’s Nitrates Action Plan (Nap) require further probing. The Nap is aimed at preserving water bodies from the detriments of agricultural contaminants, supported by a comprehensible regulatory framework.
Richard Humphreys, the acting judge, highlighted that An Taisce’s concerns were distinct, multifaceted and valuable at tackling EU legalities. However, he said that the precise questions to be addressed will be elucidated in an impending verdict. An Taisce’s court case suggests that the Nap played a direct role in the derogation from standard organic fertiliser limits placed on farms, where some farms were permitted to surpass the nitrate limit per hectare by 50kg, from 170kg.
The EU’s Nitrates Directive implores each member state to devise a nitrate plan once every 4 years, outlining farming regulations regarding the usage of slurry and chemical fertilisers, in order to minimise their toll on the quality of water. Ireland’s Nap was greenlit by the Minister for Local Government following discussions with the Minister for Agriculture.
The state’s lawyers deemed An Taisce’s appeal for certain issues to be addressed in Europe as an “unjustifiable objection” towards a European Commission resolution. The judge noted, following Wednesday’s ruling, that An Taisce hadn’t underlined any ineptitude on the commission’s part but insisted on the consequence of voiding the Nap as it could lead to the derogation being deemed as invalid – contingent on the validation of the Nap.
Nevertheless, he asserted that the commission’s decision would remain intact even if the Nap was discovered to be in violation of a European directive. Whilst the commission’s decision’s validity might be up for reassessment against norms the commission was meant to adhere to, An Taisce’s case does not question these, he mentioned. The judge also highlighted that An Taisce had raised certain EU legality aspects that lacked clarity, indicating uncertain interpretations of EU law. He suggested these points should be forwarded to the CJEU for a conclusive judgement. The trustee of the Irish Farmers’ Association and those of the Irish Creamery Milk Suppliers Association were included in An Taisce’s case as notified parties.