Farmers availing of a nitrates derogation will have to adhere to strict new rules around buffer zones and a reduced fertiliser allowance in certain catchments.

The Irish Farmers Journal understands that a cut to the maximum stocking rate and a prohibition of new entrants to a derogation was sought by the European Commission, but was rejected by the Irish authorities.

It is understood that a 5% cut to chemical nitrogen allowance for all derogation farmers will come into place in 2028 in certain catchments. These catchments include the Slaney, Barrow, Nore and Blackwater.

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Furthermore, farmers in these catchments will have to adhere to stricter buffer zones when spreading slurry and fertiliser near watercourses.

The new buffer zones are expected to be 4m for fertiliser and 8m for slurry, with a 20m buffer zone required on lands with steep slopes (more than 20% slope).

These new rules around buffer zones are also set to come into place in 2028. At present, farmers must maintain a 2m buffer strip for fertiliser and a 5m buffer strip for slurry.

Cut

The 5% cut to chemical nitrogen (N) will mean that farmers stocked at just under 220kg organic N/ha will have a new maximum fertiliser rate of 203kg N/ha.

The Irish Farmers Journal understands that the Department of Agriculture is treating the extension of the derogation delicately in advance of the vote by other member states at the nitrates committee meeting of the European Commission on 9 December.

Importantly, it is understood that the conditions attached to the extension of the derogation may be amended pending the outcome of the An Taisce court case.