Fertiliser Controls under Cross Compliance Dr Al Grogan Fertiliser Association of Ireland Meeting 6 th Feb 2007

2 INTEGRATED CONTROLS DIVISION OVERVIEW Reform of CAP Cross Compliance Requirements Managing Fertilisers and nutrients –Organic –Chemical Nitrogen Phosphorus Records Inspections

3 INTEGRATED CONTROLS DIVISION CAP Reform A farmer is now free to engage in an Agricultural production activity or not as he pleases and receive the single payment. Agricultural activity includes the production, rearing or growing of agricultural products A farmer may choose not to produce anything but is obliged either way to maintain lands GAEC) –in Good Agricultural and Environmental Conditions (GAEC) and SMRs –Comply with all Statutory Management Requirements (SMRs) applying to him

4 INTEGRATED CONTROLS DIVISION Reformed CAP Full decoupling introduced Series of reforms…ID checks in place for some time but Cross Compliance type checks first introduced with GFP in 2000 Coupled schemes had compliance requirements mainly in the identification area and GFP Decoupled Payments introduced the Cross Compliance requirements of GAEC and SMRs (Statutory Management Requirements)

5 INTEGRATED CONTROLS DIVISION Cross Compliance The 19 Community legislative acts categorised into 3 Areas and the GAEC from the implementing legislation entail Cross ComplianceEnvironment 5 directives on environment –Wild Birds, Habitats, Groundwater, Sewage Sludge and Nitrates Public, animal and plant health 4 Directives/Regulations on the identification and registration of animals 7 Directives on public, animal and plant healthWelfare 3 Directives on animal welfare (2007)GAEC 19 Standards RETURN

6 INTEGRATED CONTROLS DIVISION Commission Line Farmers are not paid to respect environmental and other legislation but if they dont respect that part encompassed through cross compliance they render themselves subject to reduction of direct payments

7 INTEGRATED CONTROLS DIVISION Fertilisers Impact particularly under the SMRs relating to: –Groundwater, –Sewage Sludge, –Nitrates

8 INTEGRATED CONTROLS DIVISION Fertiliser Controls under the Nitrates Directive Impacts on Nitrogen and Phosphorus from organic and chemical sources –Farmyard Collect all organic fertilisers produced in buildings or yards (livestock manure, soiled water, FYM etc.) Ensure that storage facilities are free of structural defects Provide Adequate capacity for the zone

9 INTEGRATED CONTROLS DIVISION Managing fertilisers and nutrients Application limit of 170 kg N/ha/yr from livestock manure (e.g. 2 dairy cows/ha/year) DAF will provide a Nitrogen and Phosphorus Statement for cattle using CMMS for the previous calendar year. The N and P from other livestock/sources on the farm must be added to this Total nitrogen produced by livestock divided by net area of the holding (from SPS) is used to determine compliance with the 170 Kg limit

10 INTEGRATED CONTROLS DIVISION Managing fertilisers and nutrients Derogation Option: Available up to 250 kg N/ha/yr Applicable to holdings with at least 80% grass Annual application to Competent Authority Must comply with additional requirements

11 INTEGRATED CONTROLS DIVISION Managing fertilisers and nutrients Additional Derogation Requirements: Fertilisation Plan Fertilisation Accounts Soil Testing (N and P) Additional land management requirements Additional monitoring and controls required

12 INTEGRATED CONTROLS DIVISION Managing fertilisers and nutrients Buffer zones and weather and soil conditions to be respected An occupier of a holding shall take all such reasonable steps are necessary for the purpose of preventing or minimising the application to land of fertilisers in excess of crop requirements Fertilisation rates in the Regulations must not be exceeded Must assume Phosphorus Index 3 unless a soil test shows otherwise In the case of grazing livestock must take account of: –N and P in livestock manures over storage period –P in concentrates fed to grazing livestock

13 INTEGRATED CONTROLS DIVISION N Fertilisation Rates

14 INTEGRATED CONTROLS DIVISION What impacts on application rates of available nitrogen The annual Maximum Available Nitrogen on Grassland from chemical fertiliser and other non livestock fertilisers is determined by stocking rate band and the county zone

15 INTEGRATED CONTROLS DIVISION What influences maximum application rates They will be reduce somewhat as the higher N efficiency rates apply between now and 2010 How are the limits arrived at: Determined by Grassland stocking rate and the storage zone applicable and The appropriate N efficiency factor

16 INTEGRATED CONTROLS DIVISION Nutrient Availability FertiliserAvailability 1 (%) NItrogenPhosphorus From Jan From Jan From Jan From Jan Chemical100 Pig and poultry manure Farmyard manure Spent mushroom compost Cattle and other livestock manure (including that produced on the holding) Refers to the year of application

17 INTEGRATED CONTROLS DIVISION 2007 T Nitrogen Limit Changes (kg/ha)

18 INTEGRATED CONTROLS DIVISION What impacts on application rates of available nitrogen Grassland stocking rates can increase above the 170 value where at least 5% of farm is arable

19 INTEGRATED CONTROLS DIVISION Controls for Tillage Crops Nitrogen Index status determines the Max level of N that can be used Nitrogen Index is determined by the previous cropping history (available from the historic area aid and SFP applications) Where a second crop is planted such as Kale this will be taken into account based on records provided Additional N may be applied to higher yielding cereal crops (based on historic yields). Evidence will need to be provided

20 INTEGRATED CONTROLS DIVISION Sample of Maximum N fertiliser rates CropNitrogen Index Available Nitrogen (kg/ha) Winter Wheat Spring Wheat Winter Barley Spring Barley Oats (Spring) Sugar Beet Fodder Beet Potatoes: Main crop Potatoes: Early Potatoes: Seed

21 INTEGRATED CONTROLS DIVISION Maximum Fertilising Rates of Phosphorus on Grassland determined by P Index and SR

22 INTEGRATED CONTROLS DIVISION Maximum Fertilising Rates of Phosphorus on Grassland determined by P Index and SR

23 INTEGRATED CONTROLS DIVISION Determine the P allowed on the farm based on –plot area and –P index and –in the case of grassland stocking rate –Max fert rates appropriate to grassland and the other crops Adjust for p in stored livestock manure and p in concentrates fed to grazing animals Phosphorus Controls

24 INTEGRATED CONTROLS DIVISION Controls …. records Total area of the holding Net area of the holding Crop areas Livestock numbers and type Estimate of annual fertiliser requirement Quantities and types of chemical fertilisers moved onto or off the holding RETURN

25 INTEGRATED CONTROLS DIVISION Controls …. records Details of livestock manure and other organic fertilisers moved onto or off the holding Copy of any NMP prepared (e.g REPS plan) Results of any soil tests Description of facilities for the storage of livestock manure, soiled water, FYM, etc. Quantities and types of concentrated feedstuff fed to grazing livestock Location of any water abstraction point RETURN

26 INTEGRATED CONTROLS DIVISION Controls Inspections 1% of applicants selected on the basis o f a risk analysis Inspector will record details which in combination with the records submitted before 31 March of the following year will be used to determine compliance with the requirements. –Any plot details varying from the application –Stock details –Housing details RETURN

27 INTEGRATED CONTROLS DIVISION Sanctions Summary Negligence –generally 3% but could be increased to 5% or reduced to 1% depending on the seriousness of the non- compliance. Could be 0% Intent –generally 20% but could be increased to 100% or reduced to 15% depending on the seriousness of the non-compliance –Penalty could be extended outside the year of the finding Repetition –Where in breach again within 36 months, repetition impacts according to a defined set of rules the penalty will be multiplied by 3 to a limit of 15% after which the breach is considered an intent breach