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The Minister for Agriculture, Food and the Marine, Charlie McConalogue, T.D., today announced that 2021 Nitrates Derogation applications can now be submitted using the Departments on-line portal, www.agfood.ie   Farmers are advised to contact their agricultural advisor to determine if they should avail of this facility.

The Nitrates Derogation provides farmers an opportunity to farm at higher stocking rates, subject to certain conditions designed to protect the environment and meet the requirements of the Nitrates Directive. The Nitrates Derogation is contingent on meeting water quality standards, and these measures are designed to protect water quality. Indeed 2021 will see a full review of the Nitrates regulations including the derogation facility. The Derogation is an important facility for more intensive farmers. Almost 6,500 intensively stocked farmers availed of the derogation in 2020.

The Minister stated, “I would encourage more intensively stocked farmers to engage early with this application process and discuss the need for a derogation with their agricultural advisor.”

The online system is aimed at simplifying the application process and assisting farmers to avoid penalties. Farmers can also remain compliant with the Regulations by managing their livestock, exporting enough slurry/farmyard manure, or renting additional land.

The closing date for applications is 31st March 2021.  Farmers who applied for a derogation in 2020 are also reminded they must submit 2020 Fertiliser Accounts for 2020 by 31st March 2021 also.

Farmers not already registered for agfood.ie can do so by logging onto www.agfood.ie and clicking the 'Register' button. More information is available on the Department’s website at the following link: www.gov.ie/en/service/department-of-agriculture-and-foods-online-services/

Further information, including Terms & Conditions are available on the Department’s website here:  www.gov.ie/en/publication/c9563-rural-environment-sustainability-nitrates/#nitrates-derogation

Notes for Editors:

Nitrates Derogation

The Nitrates Derogation allows farmers to exceed the limit of 170 kg of livestock manure nitrogen per hectare set down in the Nitrates Regulations, up to a maximum of 250 kg per hectare, subject to adherence to stricter rules. For a Nitrates Derogation application to be valid, all terms and conditions of the Derogation must be adhered to, including the following:

• An annual application must be made online to the Department. No postal applications will be accepted.
• Farming a holding that is at least 80% grass.  Have grazing livestock – a derogation is only available in respect of grazing livestock.
• All slurry applied on derogation holdings must be applied only using low emission equipment. 50% of all slurry produced on a derogation farm must be applied by the 15th June 2021.
• Commonage and rough grazing will not be eligible for the derogation allowance of 250 kg N/ha. Chemical fertiliser calculations on commonages/rough grazing will be limited to the ≤170 kg N/ha allowances.
• Clover must be incorporated where grass is being sown.
• Grass measurement and recording must be undertaken or training in grassland management attended.
• Environmental training must be attended.
• A liming programme must be adopted.
• A biodiversity measure from the ALL Ireland pollinator plan must be undertaken.
• Maximum rates have been established for the percentage of crude protein in dairy rations.
• A derogation holding must have sufficient storage for all livestock manure and soiled water produced on the holding
• Have a Fertilisation Plan in place on the holding by 1st March. This plan should be submitted to the Department along with the application form unless the farmer has submitted a fertiliser plan to the Department in 2018, 2019 or 2020.
• Fertiliser plans must be based on soil analysis results dated after 15th September 2017.
• New applicants who do not have soil analysis results must assume Index 3 for 2021 but soil sample analysis, in respect of crop year 2020, must be available and the fertiliser plan amended accordingly and submitted online to the Department before 31st March 2022.
• Fertiliser accounts must be submitted to the Department no later than 31st March of the following year.
• Nitrates Derogation applicants cannotimport livestock manure onto their holding
• Derogation information including Terms & Conditions is available on the Department’s website at www.gov.ie/en/publication/c9563-rural-environment-sustainability-nitrates/#nitrates-derogation