the implementation of the nitrates directive 3 november 2004 presentation by john sadlier (dehlg)

The Implementation of the Nitrates Directive

3 November 2004

Presentation by John Sadlier (DEHLG)

2

National Nitrates Action National Nitrates Action Programme for Ireland Programme for Ireland

finalised and sent formally finalised and sent formally

to EU Commission on 22 to EU Commission on 22 October 2004.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


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


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


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


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


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


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


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


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


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


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


Competent Authorities

Department of Agriculture and Food (DAF)

Environmental Protection Agency (EPA)

Local Authorities (LAs)

15



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



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


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


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


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: 01-8882451 E-mail: [email protected]

Thank YouThank You

http://www.environ.ie/

http://www.environ.ie/