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 –  A7 January (16.3 weeks)  B15 January (17.4 weeks)  C31 January (19.7 weeks)  Farmyard manure (FYM) is prohibited from 1 November to 31 January  Organic fertilisers (excluding FYM) are prohibited from –  A15 October to 2 January (11.6 weeks)  B15 October to 15 January (13.4 weeks)  C1 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 –  Ms Mary Boothman Water Quality Section DEHLG Custom House Dublin 1 Tel: Thank You