Relevant Matter
Public policy or programme
Public Policy Area
EU Affairs
Period
1 Jan, 2025 to 30 Apr, 2025
Specific Details
EU Trilogues Negotiations Regarding the Soil Monitoring and Resilience Directive
Intended results
That as Trilogues progress on the Soil Monitoring and Resilience Directive which was voted on in Parliament last April, IFA remains invested in the development of the legislation and hopes to see a measured outcome emerge from trilogues which is consistent with the requests for simplification of agricultural and environmental policies for farmers which have been extensively platformed in recent months.
It remains imperative to recognise that soils are already highly regulated under multiple European Regulations and Directives. For example, the Common Agricultural Policy has 9 Good Agricultural and Environmental Conditions (GAECS) which are tied to the conditionality of Direct Payments with GAEC 1, 4, 5, 6, 7 and 9, all having provisions that relate to the protection and management of soils either directly or indirectly.
The Irish CAP Strategic Plan also applies a voluntary Eco-Scheme which allows farmers to deliver on soil sampling, liming, the sowing of multispecies swards and planting of break crops, all of which further promote the protection and sustainable management of soil.
Irish farmers commitment to soil protection and soil health is further exemplified through compliance with the Nitrates Directive and the new measures introduced in the 5th Nitrates Action Programme, which launched in 2022.
The programme introduced multiple new measures linked to soil and water protection including maximum nitrogen and phosphorous application rates, prohibited slurry spreading periods, the maintenance of green covers on tillage land and the introduction of the National Fertiliser Data Base. While the River Basin Management Plans under the Water Framework Directive add another layer of technical implementation for farmers relating to the management of their soils for water quality
In recognition of these commitments, the Soil Monitoring and Resilience Directive must be an instrument designed to support farmers in decision making rather than applying an additional administrative burden with penalties or the non-relevant disclosure of soil health information to the General Public.
Soil Assessment
The flexibility of the directive must be maximised via the trilogue agreements to account for the diversity of soil types across Ireland and Europe. For soils to be considered ‘unhealthy' due to the failure of a certain indicator presents a huge misunderstanding of agricultural soil dynamics
Any soil assessment methodology which emerges from the trilogue negotiations should also take into account historical soil management practices, as well as the current economic activity that occurs on the soil. The consideration of food production as an eco-system service must be fully honoured throughout the text and considered broadly within any assessment of soil health.
Soil health should always be assessed in a nuanced manner and never through the scope of a ‘one out all out' principle. Equally, the reference in the Parliament text in Annex I to plant protection products which are candidates for substitution should be removed as it represents a serious lack of understanding of the reality of farmers trying to access new agricultural inputs.
Any assessment of potential soil contaminants should be consistent with the current legislation governing the Water Frameworks Directive for coherency between the legislation.
Soil Data and Penalties and Public Participation
Furthermore, it is essential that any soil data collected by Member States following the implementation of the directive is aggregated and anonymised. In regard to public participation in soil management, only those who have a direct interest in the management of soils on Irish farms should be consulted on this matter. We therefore support the Parliament position on Article 10 in this regard.
The protection of farmers data remains of paramount importance to IFA in terms of supporting this directive. The abolition of penalties from both Parliament and Council texts is also of paramount importance and incentives should be the driving force behind any soil improvement measures.
Access to Justice
Article 22 of the Soil Monitoring and Resilience Directive regarding Access to Justice must be consistent with other pieces of existing legislation in this field and not create an environment in which people can create vexatious claims against farming practices that they do not agree with. It is imperative that this article emerges from trilogue negotiations in a fair manner that does not result in disruptive and unfounded legal cases against farmers.
Soil Management Principles and Health Certificates
Soil is already an intensively regulated entity within European Agri-Environmental policy. IFA therefore welcomes the Parliament's position to simplify the Sustainable Soil Management Principles to a guidance toolbox. Equally, the removal of Soil Health Certificates from both the Parliament and Council texts is a pragmatic measure which will mitigate the potential distortive effects they could have on land value as well as the unnecessary confusion they would have resulted in.
There must be an absolute commitment that any Sustainable Soil Management Practices will not go beyond current policy requirements.
Animal Health
IFA is concerned at the introduction of ‘Animal Health' throughout the Parliament text as an aspect which must be considered for soil health measures. The introduction of this to the text is unjustified and if incorporated has the potential to impact grazing systems and grasslands which make up over 90% of Irelands Total Agricultural Area if the soil was found to not be in a satisfactory state. We therefore call for this reference to be removed from the final text
Financing Soil Testing
It is essential that no economic burden is faced by farmers when implementation of the Soil Monitoring and Resilience Directive at Member State level. The National Competent Authority should be responsible for conducting soil testing and only with the full permission of the land owner
Based on the current texts from all institutions, a massive scaling up of current soil testing facilities in Member States is required to account for additional highly detailed soil indicators which there is currently not the capacity to achieve. The need for additional funding is essential to achieve the desired goals of the directive. However, it must not constrict the funding of other Agricultural finances, which play a vital role in supporting the livelihoods and incomes of farm families.
Conclusion
A pragmatic and multidimensional approach to soil monitoring that understands agricultural production and nuanced soil health dynamics must emerge from the trilogue negotiations.
A simplified approach is required that does not add an economic or bureaucratic burden for Irish farmers. It is essential that factors like the removal of Soil Health Certificates, removal of penalties, farmer data protection, simplified soil assessments and financing are acknowledged in the outcome of trilogue deliberations.
Name of person primarily responsible for lobbying on this activity
Francie Gorman IFA President, Kieran McEvoy IFA Grain Chair, Max Potterton IFA Grain Policy Executive, Liam MacHale IFA Director of European Affairs
Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?)
No
Did you manage or direct a grassroots campaign?
No
Was this lobbying done on behalf of a client?
No
Lobbying activity
The following activities occurred for this specific Subject Matter Area.
Designated public officials lobbied
The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them.
As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.
Aodhan O'Riordain
MEP (European Parliament)
Barry Andrews
MEP (European Parliament)
Barry Cowen
MEP (European Parliament)
Billy Kelleher
MEP (European Parliament)
Ciaran Mullooly
MEP (European Parliament)
Cynthia Ní Mhurchú
MEP (European Parliament)
Kathleen Funchion
MEP (European Parliament)
Luke Ming Flanagan
MEP (European Parliament)
Lynn Boylan
MEP (European Parliament)
Maria Walsh
MEP (European Parliament)
Michael McNamara
MEP (European Parliament)
Nina Carberry
MEP (European Parliament)
Regina Doherty
MEP (European Parliament)
Sean Kelly
MEP (European Parliament)