The aim of nitrates regulations is to protect and improve water quality and prevent pollutions of waters from agricultural sources.

All EU member states are required to implement regulations in this area under what is termed the Nitrates Directive.

Our regulations are called the ‘‘Good Agricultural Practice for Protection of Waters Regulations’’.

The Department of Housing, Planning and Local Government is the lead authority in respect of these regulations.

Ireland has recently agreed with the European Commission on a fourth Nitrates Action Programme (NAP) for 2018-2021.

This is contained in the new nitrates regulation (SI No 605/ 2017) which came into effect on 1 January 2018.

In coming to an agreement, the fourth NAP had to take into account water quality trends (currently, 43% of river water-bodies are less than good status) and also the agricultural pressures on water quality including significant dairying intensification.

Main changes in the new NAP

The new NAP contains new strengthened water protection measures to break nutrient loss and transport pathways.

There is also a focus on improving soil fertility for better nutrient use efficiency. Furthermore, the new NAP contains simplification for improved implementation.

Water protection measures

  • Cattle must be excluded from watercourses on farms with grassland stocking rates above 170kg N/ ha from 1 January 2021.
  • Livestock drinking points must be located at least 20m from watercourses on such farms from 1 January 2021.
  • Farmers must prevent direct run-off from farm roadways to waters from 1 January 2021. It is important, where relevant, that farmers address these new requirements as soon as practical.
  • Run-off, resulting from poaching, must be prevented.
  • When testing soils, soil organic matter (OM) analysis of peaty soils with OM of 20%+ as defined in the Teagasc-EPA subsoils map is required. The 2018 BPS mapping system contains this OM layer to ascertain if a holding or parcels are in an OM designated zone.
  • Soil fertility

  • Soil analysis results are now valid for four years (five years previously).
  • Adoption of higher phosphorus buildup rates on farms with grassland stocking rates of above 130kg N/ha. Sixty-two per cent of soils are deficient in P. The P buildup rates are increased for the duration of the fourth NAP.
  • Safeguards are built in for the protection of water, including the requirement of soil analysis, nutrient management plans to be submitted to the Department and farmers participating in a P buildup training programme.

    Simplification of the regulations for improved implementation

  • Simplification of calculations of N and P allowances by removal of the requirement to deduct N and P in grazing livestock manures in the storage period.
  • Basing nutrient management plans on the previous year’s stocking rate data.
  • Where slurry is imported on to a holding, the previous year’s stocking rate is now used to calculate the maximum slurry that can be imported.
  • Provisions for pig manure

    In the case of pig manure imported on to a holding, the P allowances may be exceeded by +3 kg in 2018, +2kg in 2019, +1kg in 2020 and 0kg in 2021.

    Other changes

  • For winter cereals on soils where P index is 1 or 2, an application of 20kg/ha P is permitted beyond the 15 September cut-off point, to be incorporated into the soil at or before the sowing time, up to 31 October.
  • There are minor changes to N and P allowances for potato and vegetable crops.
  • Nitrates derogation

  • The European Commission has also agreed on the renewal of our nitrates derogation for 2018 to 2021. The derogation allows more intensively stocked farms exceed the 170kg N/ ha stocking rate limit subject to complying with specific conditions. The renewal of the derogation is vital for the growth of the dairy sector and achievement of FoodWise 2025 targets. There are two new conditions applying for derogation farmers from 2018:
  • 50% of all slurry produced on a derogation farm must be applied by 15 June annually. After this date, slurry may only be applied using low-emission slurry spreading (LESS) equipment. This takes account of ammonia reduction targets that Ireland must achieve and that ammonia losses from slurry are significantly reduced by slurry application in the springtime and using LESS equipment.
  • Farmers must have sufficient storage for all livestock manure and soiled water produced on the holding.