DTA Ecology were commissioned by the OEP to examine how the Habitats Directive should be applied to nitrate derogation decisions made under regulation 39 of Northern Ireland’s Nutrient Action Programme Regulations.
The work explores how DAERA’s current proposal — treating all derogation applications as ‘new projects’ requiring full assessment under Article 6(3) — aligns with the Directive’s legal framework and practical implementation.
DTA Ecology analysed Article 6, distinguishing between the proactive duties under Articles 6(1) and 6(2) and the reactive assessment process under Articles 6(3) and 6(4). They review relevant case law on ‘continuity’ to determine when recurring agricultural activities should be considered ongoing rather than new, and therefore whether they fall under Article 6(2) rather than Article 6(3).
The report also evaluates how wider nutrient management measures — including wastewater treatment improvements, river basin planning, and ammonia reduction strategies — interact with Article 6 duties.
This report supported the OEP's report Review of implementation of the Nutrient Action Programme Regulations (2019) in Northern Ireland.
Disclaimer
This report was compiled by DTA Ecology in April 2026 on behalf of the OEP. The views provided in this report are those of DTA Ecology and do not represent the opinion or position of the OEP. Some of the analysis in this report was used to inform the OEP’s work.