The Department of Agriculture has released a statement reminding farmers, where applicable, that nitrates records forms for the movement of organic fertilisers, temporary movement of animals during the year or short-term rental grazing agreements for 2020 should be submitted as soon as possible and by 31 December at the latest.

Record 3 (organic fertilisers), record 4 (temporary movement of animals) and record 5 (temporary rental agreements) can be found here, or requested from the Nitrates Section by emailing nitrates@agriculture.gov.ie or phoning 076 106 4 415. Forms can be submitted by email to nitrates@agriculture.gov.ie or posted to Nitrates Section, Department of Agriculture, Food and the Marine, Johnstown Castle, Co Wexford, Y35 PN52. Take note where posting – the only accepted proof of postage is Swift Post Receipt or Registered Post Receipt. Only forms submitted before 31 December 2020 will be eligible for nitrates credit for 2020.

The Department had set an earlier return date of the end of October for nitrates derogation farmers to submit slurry export records, but this was extended to 31 December 2020 in light of the pandemic.

Nitrogen output levels

Farmers at risk of breaching the Nitrates Directive organic nitrogen limit of 170kg N/ha for standard production systems and 250kg N/ha for those availing of a derogation need to ensure that they are on track to come in below this level.

This concerns in the region of over 6,500 farmers availing of a nitrates derogation and over 5,500 farmers operating above the standard cut off of 170kg N/ha, but remaining outside of a derogation by means of exporting slurry.

Nitrogen (N) and phosphorus (P) statements for the period January to the end of October are now available on www.agfood.ie, with further updates available in the coming weeks.

Farmers should note that the statements are based on bovine numbers and, as such, do not take into account other animals such as sheep, pigs, poultry, horses, etc. Table 1 details the annual organic nitrogen excretion level for different classes of livestock.

Mixed cattle and sheep enterprises are common and Table 2 is a worksheet that can be used to calculate the organic nitrogen level. It is important to note that the nitrates section typically works off the annual census returns to calculate sheep organic nitrogen levels, but where there is any issue with this figure not being reflective of the system and the farm breaching organic nitrogen levels, then the calculation will be based on a similar worksheet to that listed in Table 2.

It is also important to highlight that the figure is calculated on the net area submitted on your Basic Payment Scheme application and not on the gross area submitted.

Potential penalties

Penalties are calculated on the level of annual nitrogen produced per hectare and start at 1% for a breach between 170kg and 180kg organic nitrogen and rising to 3% from 181kg to 210kg, 5% from 211kg to 250kg and 20% over 250kg. For derogation farmers, the penalty is 5% for breaching 250kg organic nitrogen and 20% for exceeding 300kg/ha. Penalties will be multiplied by three for repeat breaches within a three-year calendar period.