A Nitrates Directive Derogation: what it could mean
Alan Galbraith, Countryside Management Branch, Department of Agriculture and Rural Development (DARD)
The Nitrates Directive requires a number of measures to reduce or prevent nutrients from agriculture entering our waterways. One of the main measures is that the amount of total nitrogen (N) in organic manures applied to the land, including by the animals themselves, and that brought onto the farm, shall not exceed 170 kg N/ha/year.
Existing Derogations
The Directive however, provides an opportunity for Member States to present a case for a derogation, which would allow their farmers to operate at a level higher than 170 kg N/ha. For a derogation to be successful it must ensure that a farm operating above the 170 kg N/ha poses no additional environmental risk. To date only three member states have been successful in securing derogations.
| Country | Total N in manure/ha |
|---|---|
| Netherlands | 250 kg |
| Denmark | 230 kg |
| Austria | 230 kg |
Examining the three derogations several common requirements can be established.
Who can avail of a derogation?
Each of the successful derogations stipulates that eligible farms must be cattle farms with at least 70 percent of their land in grass. Cattle farms are defined as those where more than two thirds of the livestock on the farm are cattle. Therefore specialist pig and poultry farms are not eligible.
What must a farmer do to comply ?
Additional measures above those contained within the Action Programme will be required. These will be focused on ensuring an accurate application of nutrients to meet grass requirements and the requirement to ensure a high proportion of the nitrogen contained within livestock manures is available and used by the grass sward.
Farmers must :
- Establish the requirements for nitrogen and phosphorus.
- Allow for the nitrogen soil fertility status
- Apply slurry using trailing shoe, trailing hose or incorporating slurry immediately after application.
- Keep additional records and be subject to additional compliance inspections.
Any higher N/ha limit could result in a higher level of phosphorus being returned to the soil and an increased phosphorus surplus on a farm. This will not be allowed. There must not be any negative environmental consequences as a result of working at a higher N/ha. .
How long will a derogation last ?
If approved, a derogation may be granted for up to four years, after which it is subject to review and may be extended. A farmer wishing to operate under a derogation must apply on an annual basis.
In Northern Ireland approximately 90 percent of all farms are below the 170 kg N/ha limit with beef and sheep farms tending to be below 170 kg N/ha. Approximately half of the dairy farms are currently operating above 170 kg N/ha and therefore this sector will provide the vast majority of eligible farms for any derogation. However the message from Dutch, Danish and Austrian dairy farmers is that derogation is not simply a mechanism that allows farmers to continue their current management. They must show that despite operating at the higher derogated level they are not impacting on the environment and this can only be achieved through the improved management of nutrients and recording keeping
