Today, April 15, is the final date that farmers and their agents have to apply to the 2016 Nitrates Derogation.

The Nitrates Derogation provides farmers an opportunity to farm at higher stocking rates, subject to certain conditions designed to protect the environment and meet the requirements of EU regulations.

The original closing date for Derogation applicants was March 31, however due significant interest, the deadline for applications was extended.

In 2015, some 6,323 farmers applied to the Nitrates Derogation, which allows farmers to exceed the limit of 170kg of livestock manure nitrogen per hectare set down in the Nitrates Regulations, up to a maximum of 250kg per hectare, subject to adherence to stricter rules.

Nitrates Derogation applications can only be submitted online using the using the Department’s on-line facilities at www.agfood.ie.

An annual application must be made online to the Department. No postal applications will be accepted.
Farming a holding that is at least 80% grass. Have grazing livestock – a derogation is only available in respect of grazing livestock.
Have a Fertilisation Plan in place on the holding by March 1. This plan should be submitted to the Department along with the application form unless the farmer has a valid REPS 4 plan in place since 2013 or has submitted a fertiliser plan to the Department in 2013, 2014 or 2015.
Fertiliser plans must be based on soil analysis results dated after September 15, 2012.
Applicants who have never previously applied for a derogation and do not have soil analysis results must assume Index 3 for 2016 but must have samples analysed and their fertiliser plan amended accordingly before December 31, 2016.
Fertiliser accounts must be submitted to the Department no later than March 31 of the following year.
Farmers in derogation cannot import livestock manure.

Figures from the Department of Agriculture show that 2,336 farmers breached the 170kg N/ha limit in 2014 and did not apply for a derogation.

Some may have exported slurry, rented/grazed other lands not declared on SPS 2014 or were affected with TB.

Furthermore, figures show that the number of farmers applying for nitrates derogations is up over 50% since 2007.