As the deadline for farmers to report measures for staying within nitrates limits approaches, the penalty regime for exceeding nitrates limits has been described as “cumbersome and unfair”.

Farmers have until December 31 to report what measures they have taken to ensure they remain under the limit of 170kg of organic nitrogen (N) per hectare, or 250kg N/ha for farmers with a derogation.

The Irish Creamery Milk Suppliers’ Association (ICMSA) said that fines for farmers exceeding these limits are “quite common”.

The organisation is urging farmers to inform the Department of Agriculture, Food and the Marine by the deadline of the measures taken by them to bring them under the limits.

Speaking yesterday evening (Thursday, December 22), Denis Drennan, the chairperson of the ICMSA’s Farm and Rural Affairs Committee, said that the current penalty regime is “cumbersome, unfair on farmers and should have been reformed as part of the nitrates review”.

“Unfortunately, this did not happen, and farmers should now check their N status to make sure that they are meeting the regulations and thus avoiding the financial penalty,” Drennan added.

“If farmers have breached these limits, they must now inform the department before December 31 on the measures they took during the year to bring them under the limit,” he added.

These measures include renting additional land that is not included in their BPS application, reducing livestock numbers, or exporting enough slurry or farmyard manure.

Affected farmers need to complete the relevant paperwork. The relevant R4 or R5 forms are available on the department website.

The form for recording movement of livestock manure must also be submitted by December 31 for all farmers exporting slurry, including nitrates derogation applicants.

Drennan commented: “With dairy cows increasing from 85kg N to 89kg N in 2022, farmers that were compliant with this regulation in previous years may no longer be.”

He added: “We’d really urge farmers not to be complacent on this matter and check their statements now while they still have time to rectify matters.”