Nitrates derogation on the way

By Jack Kennedy

Last weekend President Mary McAleese signed into law new European legislation that will allow the Ministers for Environment and Agriculture make new regulations to increase the penalties for those that break the law under the new Nitrates rules.

A Department spokesperson confirmed the Nitrates Derogation document has been passed since Nov 13, 2006 but has been awaiting new legislation to increase the penalties farmers should pay if they contravene the rules. The derogation allows farmers to continue farming if they are stocked up to 250kg organic nitrogen per hectare. Derogation farmers will have to submit an annual fertilizer plan.

When queried on whether the derogation will take a retrospective look back over 2007 the Department spokesperson was unsure what would happen. He said: "We will have to address this issue with the Commission so that farmers are not liable to penalties by virtue of the delay signing in the new legislation.

details

Derogation allowed for grassland farms where 80% or more of the farm is in grass

If you require a derogation you must apply annually

You must not exceed 250 kg organic nitrogen per hectare

Fertilisation plan must be kept for each farm outlining crop rotation and planned fertilizer spreading. This needs to be available for each farm on the 1 March each year. Field inspections shall cover at least 3% of farmers who get a derogation.

The derogation fertilisation plan must include:

• Number of animals
• Housing and storage systems
• Organic N and P on farm
• Sketch map of crops in fields
• How much bag N and P you require
• How you manage soiled water

Soil sample every four years. At least one sample per five hectares.