The Implementation of the Nitrates Directive

1. The Implementation of the Nitrates Directive 3 November 2004 Presentation by John Sadlier (DEHLG)

2. National Nitrates Action Programme for Ireland  finalised and sent formally to EU Commission on 22 October 2004.

3. Main Elements of NAP Summary • 4 year programme • Farmyard management • Use of fertilisers • Ploughing, use of herbicides • Record-keeping by farmers • Competent authorities, inspections, penalties • Monitoring effectiveness • Supports • Regulations • Derogation

4. Main Elements of NAP Term of Programme • 4-year programme commencing on 1 January 2005 • Phased commencement of measures • Review effectiveness after 3 years • water quality • farm practices • Revise for next four years

5. Main Elements of NAP Farmyard Management • Rainwater (clean) to be diverted • Soiled water to be collected and stored • Slurry storage capacity for – • full housing period • minimum 20 weeks in Cavan, Louth, Monaghan • minimum 16 week in other areas • Lesser capacity permitted in certain cases • Storage requirements apply from – • 1 January 2008 generally, and • 1 January 2007 for holdings above 170kg ON/hectare and for pig/poultry producers • Storage facilities to be structurally sound

6. Main Elements of NAP Fertilisers – Time of Application • Fertilisers to be applied during growing season in favourable land/weather conditions • Application of fertilisers is prohibited in certain periods/zones • Zones defined by soil type, rainfall, growing season as follows – • A – Cork, South Tipperary, Waterford, Wexford • B – all areas except A and B • C – Cavan, Leitrim, Monaghan • Chemical fertiliser prohibitions effective from 1 January 2005 • Organic fertiliser prohibitions effective from • 1 January 2008 generally • 1 January 2007 on holdings above 170kg ON/hectare

7. Main Elements of NAP Fertiliser – Prohibited Periods • Chemical fertiliser is prohibited from 15 September to 15 January (non-grassland) • Chemical fertiliser if prohibited on grassland from 15 September to – • A 7 January (16.3 weeks) • B 15 January (17.4 weeks) • C 31 January (19.7 weeks) • Farmyard manure (FYM) is prohibited from 1 November to 31 January • Organic fertilisers (excluding FYM) are prohibited from – • A 15 October to 2 January (11.6 weeks) • B 15 October to 15 January (13.4 weeks) • C 1 October to 31 January (15.7 weeks)

8. Main Elements of NAP Fertilisers – limits on amounts • The total quantity of fertiliser (chemical & organic) should not exceed an amount determined by reference to crop requirements (Teagasc Nutrient Guidelines) • The quantity of livestock manure (LM) should not exceed 170kg ON.hectare with effect from 1 January 2006 generally • Up to 31 December 2006, the amount of LM may exceed 179kg ON/hectare where – • Farmer gives notice to CA by 31/3/06 • Farmer complies with Teagasc Guidelines • Amount does not exceed 250kg ON/hectare

9. Main Elements of NAP Fertilisers – Manner of Application: General • Apply as accurately and uniformly as practicable • Allow 42 days between application • Use specified methods for slurry-spreading i.e. inverted splashplate, band spreading, trailing shoe, soil injection, soil incorporation • “Umbilical cord” prohibited between 1 October and 31 January • Organic fertilisers not to be spread in quantities exceeding – • 60,000 litres/hectare for soiled water • 30,000 litres/hectare for other • Not to be applied – • on water-logged, flooded, frozen or snow=covered, or likely to be flooded • on steeply-sloping land where there is a significant risk of causing pollution • when heavy rain is forecast

10. Main Elements of NAP Fertilisers – Distances from waters • Keep distance from watercourses: • Chemical: 1.5 metres from a watercourse • Organic: • 5 metres from a surface water body • 15 metres from exposed limestone features such as swallow holes, collapse features • 50 metres from boreholes (or such other distance specified by LA) • outside groundwater source protection zone specified by LA

11. Main Elements of NAP Ploughing • Grassland • Ploughing of grassland is prohibited between 1 July and 15 January unless green cover is provided for emergence by 15 November • Arable Land • Ploughing of arable land between 1 July and 15 January must be accompanied by emergence of green cover within six weeks of ploughing from a sown crop.

12. Main Elements of NAP Application of Non-selective Herbicides • Grassland • Application is prohibited between 1 July and 15 January without provision for green cover to emerge by 15 November • Green cover to be retained until 15 January unless a crop is sown within 2 weeks if it removed • Arable Land • Application between 1 July and 15 January must be accompanied by provision for emergence of green cover within six weeks of application or emergence of green cover from a crop sown by 15 November

13. Main Elements of NAP Record Keeping by Farmers • Records to be kept from 1 January 2005 and retained for 5 years • Every effort will be made to co-ordinate and consolidate record-keeping provisions for all cross-compliance requirements

14. Main Elements of NAP Competent Authorities • Department of Agriculture and Food (DAF) • Environmental Protection Agency (EPA) • Local Authorities (LAs)

15. Main Elements of NAP Competent Authorities DAF • DAF to maintain a register of all farm holdings; information available to EPA and LAs on request • DAF is responsible fro decisions on payments under Single Payment Scheme • DAF to carry out compliance checks each year on at least – • 1% of all farms • 5% of farms above 170kg ON/hectare • Inspections to be integrated with other inspections • Inspection results to be notified to EPA and Las within one month

16. Main Elements of NAP Competent Authorities Local Authorities & EPA • Local authorities to select farms for inspection • Local authorities continue to exercise functions under WP Acts and other environmental legislation • Local authorities and EPA continue to be the authorities with primary responsibility for enforcement of environmental law • EPA continues to supervise IPC-licensed activities/holdings • EPA will publish progress reports on implementation every 2 years • RBD Advisory Councils will include farming representatives • Advisory group to be established at county level for liaison between LAs, Teagasc and farming community

17. Main Elements of NAP Compliance, Supervision and Penalties • Compliance is primarily a matter for farmers • DAF responsible for on-farm compliance checks and decision on payments under Single Farm Payment • Inspection results to be to be notified to EPA and LAs • EPA and LAs continue to be the authorities with primary responsibility for enforcement of environmental legislation • Public authorities must co-ordinate activities to avoid, minimise and simplify procedures for farmers • Conviction for an offence carries a penalty • Sanctions apply under Single Payment Scheme for non-compliance

18. Main Elements of NAP Monitoring and Assessment of Effectiveness • A general monitoring programme for nitrates in water generally – rivers, lakes, tidal waters, groundwater • A local monitoring programme for nitrates in waters at risk • A monitoring programme at individual farm level, allied with mini-catchment studies, to assess the short-term impact on nitrates including: • Farm Facilities Survey • Fertiliser Use Survey • Farm Sample Selection • Studies in agricultural mini-catchments

19. Main Elements of NAP Supports • Investment • National Advisory Service • Guidance Documents • Regulations Regulations will implement the main elements of NAP and appropriate elements of other EU Directives e.g. Waste, Water Framework Directive, Dangerous Substances in Water

20. Next Steps • Application for Derogation • Discussion with EU Commission on NAP and derogtion • Regulations – drafting and consultations

21. Additional information and copies of the Nitrates Action Programme are available from – • DEHLG website – www.environ.ie • Ms Mary Boothman Water Quality Section DEHLG Custom House Dublin 1 Tel: 01-8882451 E-mail: mary_boothman@environ.ie Thank You