Due to delays in passing the legislation which allowed the introduction of the Nitrates Derogation in Northern Ireland through the NI Assembly, the deadline was extended to 7th July for 2008 only. Applications for derogation in 2009 onwards must be with the Environment and Heritage Service (EHS) by 1 March each year.
The derogation allows eligible farmers to apply up to 250 kg livestock manure nitrogen per hectare per year instead of the mandatory 170 kg livestock manure N/ha/year as stated in the Nitrates Action Plan.
Farmers applying for a derogation must comply with additional criteria which have been set by the European Commission. These criteria are similar across all Member States in Europe who have been successful in achieving a derogation from the EC.
However the derogation conditions imposed for Northern Ireland represent the best deal possible following difficult negotiations with the European Commission. If farm businesses cannot meet the derogation criteria then they must operate at the 170 kgN/hectare/year livestock manure limit.
The additional criteria for derogated farms are that farms must:
o Not exceed 250KgN/ha/year from grazing livestock;
o have at least 80% grassland;
o have a farm phosphorus balance which does not exceed 10kg phosphorus per hectare per year;
o apply nitrogen and phosphorus to crop requirements;
o carry out soil analysis at least every 4 hectares every 4 years;
o submit an annual application to the Environment and Heritage Service (EHS) by 1 March (7th July for 2008 only);
o meet certain land management criteria;
o produce and maintain annual fertilisation plans;
o submit annual fertilisation accounts to EHS.
Approximately 400 farms have submitted applications to EHS to date. Derogation Guidance Booklets will be made available soon to these farmers which will contain comprehensive information on the requirements of the derogation and templates to help with the record keeping.
While there is some additional paperwork required for farmers working under a derogation, the UFU believes that this is no more onerous than what would be expected from an intensive farm business under the normal Nitrates Action Plan rules and DARD workshops, will ensure that derogation farmers are fully trained in the paperwork requirements.
The UFU would urge any farmer who feels that they may need a derogation up to the 250 kg N/ha/year and who have not yet applied to EHS to seriously consider their options and if necessary submit an application to EHS. Derogation application forms are available from DARD offices, EHS Water Management Unit (9262 3189) or on-line at www.ehsni.gov.uk or www.dardni.gov.uk.