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 snowcovered,
  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 [phone]
• E-mail mary_boothman_at_environ.ie
• Thank You