Second stage consultation of Ireland's Nitrates Action Programme and proposed measures.

1. Nitrates Action Programme Review
2nd Stage Consultation
Proposed Measures
Farmers Nitrates Regulation meeting
19th August 2021

2. 2
Nitrates Directive
• Aims to protect water quality from pollution by agricultural sources and to
promote the use of good farming practice.
• It is an integral part of the Water Framework Directive.
• The Directive sets out a maximum limit of 170 kg/ha/year of Nitrogen from
livestock manure that can be applied on land.
• Ireland is required to prepare national Nitrates Action Programme (NAP)
ever four years.

3. 3
Nitrate Action Programme (NAP)
• Sets out measures to prevent pollution of water from agricultural sources.
• First NAP came into operation in 2006.
• There is a requirement to review the NAP at least every four years.
• The Nitrates Derogation is reviewed in parallel with the NAP.
• Ireland’s fourth NAP came into operation in 2018 and expires on 31st
December 2021.

4. 4
4th NAP 2017 - 2021
• The EU (Good Agricultural Practice for Protection of Waters) Regulations
2017 commonly referred to as Nitrates regulation came into effect on 1st
January 2018.
• It was amended in March 2018.
• There was a Review of the Nitrate Derogation in 2019.
• There were three amendments to the Nitrates regulation in 2020.
o 14th February
o 20th June
o 20th November

5. 5
Key elements of Irelands NAP
• NAP applied on a country-wide basis.
• The principal elements of the NAP include:
o limits on farm stocking rates.
o legal maximum for nitrogen and phosphorus application rates.
o prohibited spreading periods.
o minimum storage requirements for livestock manures.
o requirements regarding maintenance of green cover in tillage lands.
o set-back distances from waters.

6. 6
Nitrates Derogation
• Allows farmers to farm up to 250kg/ha/year.
• Derogation was originally granted by the Commission in 2007 and
renewed in 2010, 2014 and 2017.
• Other EU MS were granted a derogation in 2020 of up to 250kg/ha/year.

7. 7
Water Framework Directive (WFD)
• The WFD is implemented through the River Basin Management Plan
(RBMP).
• The Plan sets out the actions to improve water quality and achieve ‘good’
or ‘high’ ecological status in water bodies by 2027.
• There was a public consultation on the RBMP 2022 – 2027 in 2020.
o IFA made submission to the consultation process.
• The RBMP 2022 – 2027 is to be published by December 2021.
• The RBMP and NAP are reviewed in parallel.

8. 8
Water Quality
• The Water Quality in Ireland 2013-2018 (2019) report showed a 4.4% net
decline (117 water bodies) in the quality of surface water bodies.
o Agriculture affecting water quality in 53% of the water bodies.
• The EPA Water Quality 2020 (2021) report attributed high nitrates levels in
water bodies in the south, south east and east as sourced primarily from
agriculture.
• These reports provide the evaluation of the ecological health of water
bodies against objectives set out in the WFD and RBMPs.

9. 9
Water Quality (2)
• Ireland’s water bodies remain among the cleanest in Europe.
• Ireland is the only EU countries with 0% of groundwater stations reporting a
nitrates concentration 50mg/l (the EU average is 13.3%).
• The EPA Water Quality 2020 report shows that 47 water bodies in Prioritised
Action Areas (PAA) has shown improvement to water quality.
• Actions being taken by farmers through Agricultural Sustainability Support
and Advisory Programme (ASSAP) and the Agricultural Catchments
Programme (ACP) are showing improvements to water quality.
• Findings from the Agricultural Catchment Programme show significant year
to year variations.

10. 10
Proposed Measures

11. 11
1. Chemical Fertiliser Register
• Merchants to register chemical fertiliser sales against individual farmer’s
herd numbers.
• 18 – 24 months development period.
What farmers need:
• Ability to forward buy fertiliser when prices are
competitive.
• Flexibility in reporting – conacre, summer grazing
etc.

12. 12
2. Improving Compliance
• 2,000 inspections
• Improve compliance rates that delivers on key objectives.
What farmers need:
• Improved transparency on rates of inspection and
inspection outcomes.
• Rationale for recurrent inspections.
• Yellow card system for minor non-compliances.

13. 13
3. Review ASSAP
(Agricultural Sustainability Support and Advice Programme)
• Voluntary collaboration between farmers, advisors and Local authority staff.
• 190 catchments.
• Year 3
What farmers need:
• Expand ASSAP as per Programme for Government.
• Prescriptive measures rather than blanket
regulation.
• Acknowledgement of effort.

14. 14
4. Slurry Storage and Management
• Outwintering – on farms less than 100 kg N/ha (reduced from 140 kg N/ha)
• 1st January 2023 - farmers stocked >170 kg N/ha must demonstrate clear
separation of slurry and clean water management in the farmyard
• Construction of uncovered slurry storage prohibited from January 1st 2022.
• All existing external stores must be covered by December 31st 2027.
What farmers need:
• Out wintering – retain eligibility for farms stocked less than
140kgN/ha
• No scientific justification for separate soiled water and slurry
tanks.
• Outright rejection to covering external stores
• DAFM need to demonstrate that covering external slurry
stores improves water quality.
• Covering external stores – issues with agitation

15. 15
4. Slurry Storage and Management (2)
The proposed changes are:
• It shall be a requirement that all slurry must be applied by;
o 30th September for 2022 for Zones A, B and C
o 15th September for 2023 and subsequent years for Zones A, B and C
.
Farm size 100 cows
Excretion rate per cow 0.33m3/week
4 weeks extra storage 0.33 x 100 x 4
132m3 or
132,000 L
Precast tank €33,040

16. 16
4. Slurry Storage and Management (2)
The proposed changes are:
• It shall be a requirement that all slurry must be applied by;
o 30th September for 2022 for Zones A, B and C
o 15th September for 2023 and subsequent years for Zones A, B and C
.
What farmers need:
• Outright rejection of this proposal.
• Slurry produced from the previous winter spread earlier in
the season.
• No research completed to support this proposal.
• Provisions for slurry produced from 15th September to 15th
October.

17. 17
5. Soiled Water Storage & Management
• From 1st January 2022 , the spreading of soiled water will be prohibited
between 15th November and 15th January.
• All holdings producing soiled water must have a minimum of 4 weeks’
storage in place by 31st December 2024.

18. 18
5. Soiled Water Storage & Management
• From 1st January 2022 , the spreading of soiled water will be prohibited
between 15th November and 15th January.
• All holdings producing soiled water must have a minimum of 4 weeks’
storage in place by 31st December 2024.
4 weeks storage
Spring €14296
Split calving €29740
N content / 2,500
gallons
Cattle Slurry 16.25 units
Soiled water 3.34 units
What farmers need:
• Outright rejection of this proposal.
• Soiled water has minimal N
• Cost outweighs benefit

19. 19
6. Livestock excretion rates
• Proposed changes to dairy cow excretion rates
Band 1 <4,500kg – 80 kg Organic N/ha
Band 2 4,501 and 6,500kg, - 92 kg Organic N/ha
Band 3 >6,500kg – 106 kg Organic N/ha
Stocking rate N excretion rate per cow
100 cows
>6500L
250kgN/ha
85kg 92kg 106kg
Land required 34ha 37ha 42.5ha
€3000
@€200/acre
What farmers need:
• Phased in approach of this proposal over 4 years.
• Land availability – indirect consequences for other
sectors

20. 20
7. Dairy Industry N reduction initiative
• ASSAP Co-Op working group
• ICOS and DSI
• Financial assistance not agreed
• Initial stages of proposal
What farmers need:
• Function of Co-Op is to support farmers through
initiatives such as Milk Flex and Joint Programmes
• Farmers must be key stakeholders in the
development of any farmer programme.

21. 21
31st
Jan
3rd
Feb
19th
Feb
8. Chemical Fertiliser Controls
• 10% national reduction in chemical N.
• 15% in some areas based on the EPA catchment
assessment report.
Farm
Income
40ha farm
10%
reduction
15%
reduction
-€3480 -€5000
What farmers need:
• Support and guidance to optimize the nutrient value
from LESS, Clover, Protected Urea etc. to overcome
reduction in chemical N use.
• Phased in approach to reductions to minimize impact
on farm profitability.

22. 22
9. Sewage/Industrial Sludges
• Understanding of the movement of sludges and the application of sludges
to agricultural land
• Nitrates Expert Group will be working with the various stakeholders to
adequately address the risk from this ever-increasing nutrient source.
10. P Build-Up
• The annual maximum fertilisation rates of phosphorus on grassland adopting
increased P build-up application rates will be reviewed
• Extend facility to farmers operating above 100 kg N/ha

23. 23
11. Green cover on tillage ground
• shallow cultivation of harvested crops 7 days post-harvest.
• Identification of critical sources areas for late harvested crops and putting in
place appropriate buffers to protect any intersecting water bodies.
What farmers need:
• Shallow cultivation 7 days post harvest only required on fields
where straw is chopped. This must be extended to 28 days post
harvest where straw is baled
• Rolling/straw harrow instead of cultivation for strip still/zero
tillage farmers
• Flexibility with later harvested crops

24. 24
12. Organic Matter determination
• From 2022, all soils in the Teagasc- EPA Indicative Soils map layer for >20%
Organic Matter will be required to be soil tested for Organic Matter.
• Approx. cost €10-€20 per sample
13. Soil Tests
• Review of P test to accurately reflect the amount of P available in the soil.

25. 25
14. Grazing Land Management
• In terms of short term grazing, only land within 30km allowed to be
considered in stocking rate calculation.
• Currently for Nitrates Derogation Farms, Commonage and Rough Grazing
are permitted for inclusion for 170kg N/ha allowance. To protect these areas
further and the whole farm nutrient planning process, it is proposed to
reduce these below the 170kg N/ha threshold.
What farmers need:
• No scientific basis for a nominal figure of 30km.
• Proportionate contribution to whole farm stocking rate
by rough grazing/commonage.

26. 26
15. Review of Technical tables
• The information is not up to date in the technical tables and will be
considered as part of the review.
What farmers need:
• No Visibility
• Technical tables – Foundation of the NAP.
• Any changes to tables impacts all NAP requirements.
• Careful consideration and long term adoption

27. 27
16. Air Quality
• Compulsory usage of LESS - Farms stocked above 100 Kg livestock N/ha from
2023 and for all Pig farmers from 2023 onwards.
• All organic manures applied to arable land must be by low emission or
incorporated within 12 hours of application.
What farmers need:
• Outright rejection of this proposal
• Risk to water quality?
• GHG mitigation – AgClimatise

28. 28
Consultation process

29. 29
What we have done so far….
• High level meeting with DAFM in October 2020 in advance of review.
• The 1st stage public consultation opened in November 2020.
o IFA made submission in advance of 15th January 2021 closing date.
o IFA supported local farmer groups to make submissions.
o IFA met with Nitrates Expert Group in May 2021.
• IFA hosted a online farmers nitrates meeting in December 2020.
• IFA in regular contact with Minister McConalogue and other TDs/Senators
to outline farmers concerns and stress importance of maintenance of
derogation.
• An urgent meeting has been sought with Minister McConalogue on
proposed measures.

30. 30
NAP Public Consultation
• The new Nitrates Action Programme (NAP) must be finalised by 31st
December 2021.
• 2nd stage public consultation opened 9th August 2021
o Closing date for submissions 20th September.
• The 2nd stage consultation was scheduled to open in March/April 2021
o Lost opportunity for 2nd stage report to be published in June 2021.
• Information on public consultation:
https://www.gov.ie/en/consultation/0b39f-public-consultation-on-irelands-
nitrates-action-programme/.

31. 31
What next….
• IFA will be preparing submission based on farmer feedback and scientific
credibility of proposed measures to improve water quality.
• To feed into process please email: nitrates@ifa.ie.
• A position paper on red line issues will be developed to be used by farmers
to lobby TDs/Senators.
• IFA will provide assistance to individual farmers and farmer groups that
want to make a submission.
• Voice your concerns, make a submission by 20th September.

32. 32
Summary
• The proposed measures will impact all farms.
• A cost benefit analysis of the proposed measures must be undertaken
• Many of the proposals have significant cost implications for farmers but
there is no indication of how these will be supported.
• The Nitrates Derogation must be maintained.
• IFA reject the following proposed measures:
• Covering external stores.
• Change of slurry spreading dates.
• Soiled water storage requirement.
• Compulsory usage of LESS on farms stocked above 100 Kg/livestock
N/ha
• Farmers have a key role to play, but measures must focus on the protection
of water quality.

33. 33
Thank you