2019 nitrates derogation applications can now be submitted online, Minister for Agriculture, Food and the Marine Michael Creed has announced.

Making the announcement today (Tuesday, January 22), the minister outlined: “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 the Nitrates Directive.”

The derogation is an important facility for more intensive farmers.

The online system is aimed at “simplifying the application process and assisting farmers to avoid penalties”, according to the Department of Agriculture.

The closing date for applications is March 31.

Farmers can also remain compliant with the regulations by managing their livestock numbers, exporting slurry/farmyard manure or renting additional land.

“Almost 7,000 intensively stocked farmers availed of the derogation in 2018,” Minister Creed noted.

“These farmers engage in soil sampling, nutrient management planning and comply with an increased inspection regime in order to ensure they are farming to a high environmental standard.”

The derogation is an important facility for more intensive farmers, particularly in the dairy sector, and it is essential that its environmental credentials are maintained.

Almost 7,000 intensively stocked farmers with an agricultural area of 466,000ha availed of the derogation in 2018 with this being a marked increase in both the area and the number of farms under derogation since 2014.

The minister announced that, as a result, a review of the conditions of the derogation would take place this year also.

He added: “In order to ensure the sustainable continuation of the derogation, a review will examine further opportunities for derogation farmers to improve efficiencies and continue to reduce their environmental footprint.”

It is expected the outcome of this review, including recommendations, will be published by June of this year in order to allow derogation farmers sufficient time to plan for the 2020 year.

Concluding, Minister Creed said: “‘I would encourage more intensively-stocked farmers to engage early with this application process and discuss the need for a derogation with their agricultural advisor.”

The nitrates derogation

The nitrates derogation 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/ha, subject to adherence to stricter rules.

For a Nitrates Derogation application to be valid, all terms and conditions of the Derogation must be adhered to.

These include:
  • 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;
  • 50% of all slurry produced on a derogation farm must be applied by June 15 annually. After this date slurry can only be applied using low emission equipment;
  • A derogation holding must have sufficient storage for all livestock manure and soiled water produced on the holding;
  • 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 submitted a fertiliser plan to the department in 2016, 2017 or 2018;
  • Fertiliser plans must be based on soil analysis results dated after September 15, 2015;
  • New applicants who do not have soil analysis results must assume Index 3 for 2019 but soil sample analysis, in respect of crop year 2020, must be available and the fertiliser plan amended accordingly and submitted online to the department before March 31, 2020;
  • Fertiliser accounts must be submitted to the department no later than March 31 of the following year;
  • Nitrates derogation applicants cannot import livestock manure onto their holding.