21 June 2024

Adhering to the conditions of the Nitrates Derogation

To ensure compliance with the Nitrates Derogation in 2024, farmers are required to follow a number of additional conditions designed to protect the environment, Tim Hyde and Séamus Nolan, Teagasc Environment Specialists tells us more.

Every derogation farmer should be aware of the terms and conditions of the Nitrates Derogation in 2024, as failing to adhere will not only result in the rejection of this year’s application, but applications to next year’s derogation will also not be accepted.

Depending on the farm’s location, some applicants will be subject to an upper stocking rate limit of 220kg of organic N/ha; others will have a stocking rate limit of 250kg of organic N/ha. Each applicant must know this figure as its exceedance will also result in rejection from derogation for 2024 and they are not permitted to apply for derogation in 2025.

What’s more is where a rejection occurs, the 170kg of organic N/ha limit will be applicable and the herdowner may incur a penalty if this limit is exceeded. Direct Payment Conditionality breaches, including exceeding the applicable whole farm organic N limit, will be subject to the Basic Income Support for Sustainability (BISS) Scheme penalty schedule.

Additionally, all applicants to the Nitrates Derogation must have also applied for the 2024 BISS scheme. Where this hasn’t occurred, the application to the former will be rejected and the applicant maybe subject to a cross-report for inspection by the relevant local authority.

Some of the main issues where holdings are rejected from derogation are listed below:

Failing to spread the total lime tonnage prescribed in the Nutrient Management Plan for the relevant years.
Not using LESS technologies for ALL slurry – such as dribble bar, trailing shoe or shallow injection – to spread all the slurry used on farm.
Failing to have 50% of slurries spread by June 15 annually.
Feeding rations >15% crude protein to mature animals at grass in the period of April 15 – September 30.
New derogation applicants in 2024 must attend two courses: Farming and Sustainability course (five hours); and Nutrient Use Efficiency / P build up Course (five hours). Both courses must be completed before December 31, 2024.
New derogation farmers are required to record 20 grass measurements on PastureBase Ireland (PBI) or similar software or attend a grassland training course by December 31, 2024.
Existing derogation farmers must record a minimum of 20 grass covers on approved software (PBI).
Seed mixtures must include a minimum of 2.5kg/ha of pelleted white or red clover seed when reseeding.
For hedgerow management, applicants must choose one or both of the following:
- Leave at least one mature Whitethorn or Blackthorn tree within each hedge or
- Cut one-third of farm hedges only each year – i.e. a 3 year rotation across the farm.
Slope farm roadways (including machinery roads) away from waters. Includes all dry drains, river, streams ponds, lakes etc. This is a requirement for all farmers since 2021.
Water troughs must be moved >20m away from watercourses (those identifiable on the 1:5000 scale OSI map) for all holdings with a grassland stock rate (GSR) >170kg/ha since 2020. New derogation applicants must complete these works by 31 May 2024 OR if the holding had a GSR >170 in a previous year since 2020, these works should already be completed.
Bovines must be fenced out of water courses, with the fence situated 1.5m from the top of the bank. The same time schedule as outline in the point above applies.
Grassland farmers can only plough grassland leys from March 1 to May 31.
Farmers must have the required storage capacity for slurry and soiled water.
Applicants must know and adhere to their farm specific nitrogen and phosphorus chemical fertiliser allowances.
Soil samples must be available for all lands declared on the BISS application at a maximum of one sample per 5ha.