S.I. No. 393/2022 - European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2022

1. The amount of livestock manure from grazing livestock applied to the land each year on grassland farms, including by the animals themselves, shall not exceed the amount of manure containing 250 kg nitrogen per hectare per year, subject to the conditions laid down in paragraphs 2 to 6 of this Article. From 2024, as a consequence of the two-year review, this maximum amount shall not exceed 220 kg nitrogen per hectare per year in the areas referred to in Article 12 of the Commission Decision.

2. The total nitrogen inputs shall neither exceed the foreseeable nutrient demand of each crop nor the maximum fertilisation rate applicable to grassland farms as established in the Nitrates Action Programme, and shall take into account the supply from the soil. Total nitrogen application shall be differentiated on the basis of the stocking rate and grassland productivity.

3. A fertilisation plan shall be prepared and kept for each grassland farm. The fertilisation plan shall describe the crop rotation of the farmland and the planned application of manure and other fertilisers. That plan shall be available on the grassland farm for each calendar year, before 1 March of that year. That plan shall include at least the following

(a) the crop rotation plan specifying the following

(i) the acreage of parcels with grass;

(ii) the acreage of parcels with crops other than grass;

(iii) a sketch map indicating the location of individual parcels;

(b) the number of livestock on the grassland farm;

(c) a description of the housing and manure storage system, including the volume of manure storage available;

(d) a calculation of the manure nitrogen and phosphorus produced on the grassland farm;

(e) the amount, type and characteristics of manure delivered outside the grassland farm or to the grassland farm;

(f) the foreseeable nitrogen and phosphorus crop requirements for each parcel;

(g) results of soil analysis related to nitrogen and phosphorus soil status if available;

(h) the nature of the fertiliser to be used;

(i) a calculation of nitrogen and phosphorus application from manure for each parcel;

(j) a calculation of nitrogen and phosphorus application from chemical and other fertilisers for each parcel.

The fertilisation plan shall be revised no later than seven days following any change in agricultural practices at the grassland farm.

4. Fertilisation accounts, including information related to the management of lime, nitrogen and phosphorus inputs and the management of soiled water, shall be prepared and kept for each grassland farm. For the calendar year 2022 they shall be submitted to the competent authority by 31 March 2023. For the calendar years 2023 onwards they shall be submitted by 31 January of the following calendar year.

5. Information related to manure transferred off the holding shall be submitted to the competent authority by 31 October each year.

6. Livestock manure shall not be spread in the autumn before grass cultivation.

7. At least 50 % of slurry produced on the grassland farm shall be applied by 15 June.

Land management

8. Farmers who wish to plough grassland shall do so between 1 March and 31 May

9. Ploughed grass on all soil types shall be followed by a crop with high nitrogen demand immediately and no later than three weeks after ploughing grass.

10. Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This shall, however, not apply to clover in grassland with less than 50 % clover and to other leguminous plants that are undersown with grass.

11. All new grass reseeds on the grassland farm shall incorporate at least 1.5 kg/ha of naked clover seed or at least 2.5 kg/ha of pelleted clover.

12. Hedgerows on the holding shall be managed in accordance with guidance issued under Article 22(2) and management practices shall include, as a minimum, the following

(a) one mature whitethorn/ blackthorn tree shall be retained in each hedgerow;

(b) hedgerows shall be maintained on a minimum 3-year cutting cycle.

Training

13. Evidence of participation in an approved training programme in nutrient use efficiency and the protection of water should be retained when making any repeat application under Article 36 (1)(a).

GIVEN under the Official Seal of the Minister for Housing, Local Government and Heritage,

28 July, 2022.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022. The purpose of the amendment is to give effect to the Commission Implementing Decision of 29 April 2022 on granting a derogation requested by Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. In addition Article 21 has been amended to provide clarification and to ensure some uncultivated land is retained to support seed eating birds over the winter. They also make minor amendments to Articles 7, 9, 15, 16, 17 and 23, Schedule 4 and Table 7, 9 and 11 of the 2022 Regulations.

1 O.J. No. L 375/1, 31 December 1991.

2 O.J. No. L 327/1, 22 December 2000.

3 O.J. No. L 156/17, 25 June 2003.

4 O.J. No. L 372/19, 27 December 2006.

5 O.J. No. L 312/3, 22 November 2008.

14. The following Table 11 is substitued for Table 11 of the 2022 Regulations

Table 11 Phosphorus index system

Soil phosphorus Index

Soil phosphorus ranges (mg/l)

Grassland

Other crops

1

0.00-3.04

0.00-3.04

2

3.05-5.04

3.05-6.04

3

5.05-8.00

6.05-10.00

4

> 8.01

>10.01

15. The following Schedule 4 (2)(b) is substituted for Schedule 4 (2)(b) of the 2022 Regulations

“8

th

October

11

to 15

th

January in the case of the application of organic fertiliser (other than farmyard manure) and not withstanding sub-paragraph (5)”

16. The following Schedule 4 (3)(b) is substituted for Schedule 4 (3)(b) of the 2022 Regulations

“8

th

October

11

to 15

th

January in the case of the application of organic fertiliser (other than farmyard manure) and not withstanding sub-paragraph (5)”

17. The 2022 Regulations are amended by the insertion of the following after Part 6

“Part 7

Implementation of Commission Decision

18. The 2022 Regulations are amended by the insertion of the following Schedule 5 after Schedule 4

“Schedule 5

Conditions applying in relation to Derogation

The following are the conditions for the purposes of Article 35 (1) of these Regulations in relation to the application to land on a holding in any year of livestock manure in excess of the amount specified in Article 20(1)

Application of manure and other fertilisers

34. The Minister for Agriculture, Food and the Marine shall be the competent authority for the purposes of verifying compliance with a derogation granted under the Commission Decision.

35. (1) The application to land, on a holding in any year of livestock manure in excess of the amount specified in Article 20(1) shall be deemed not to be a contravention of that sub-article where all of the following conditions are met—

(a) the occupier of the holding has made application in respect of that year to the Minister for Agriculture, Food and the Marine for authorisation of a derogation from the requirements of that sub-article;

(b) the application under paragraph

(a)

is duly completed in the form and on or before the date specified for the time being by that Minister;

(c) the application under paragraph

(a)

is accompanied by an undertaking in writing by the occupier to comply with all the conditions specified in Schedule 5, and

(d) all the conditions set out in Schedule 5 are met by the occupier in relation to the holding.

(2) Where an application is made to the Minister for Agriculture, Food and the Marine in accordance with this Article that Minister shall consider the application and, where that Minister considers that the application does not comply with the conditions therein, he or she shall issue a notice of refusal to the occupier.

(3) Where it is established, in any year, that a grassland farm covered by an authorisation does not fulfil the conditions set out in Articles 6 to 9 of the Commission Decision, the holding shall not be eligible for an authorisation the following year.

36. The Minister for Agriculture, Food and the Marine shall carry out, or arrange for the carrying out of, such monitoring, controls and reporting as are necessary for the purposes of Articles 10, 11 and 13 of the Commission Decision.

37. The Agency shall prepare annually a report of the results of water quality monitoring carried out by local authorities for the purposes of Article 10(4) of the Commission Decision and, where appropriate and as agreed from time to time between the Agency and the Minister for Agriculture, Food and the Marine, shall assist that Minister in compiling water quality data for reporting in accordance with the requirements of the Commission Decision.

38. The Agency shall submit, by 30 June 2023, the assessment described in Article 10 of the Commission Decision, corresponding to the year 2022, an annex containing the results of monitoring as regards the nitrates concentrations of groundwater and surface waters and the trophic status of surface water bodies as outlined in Article 12 (1) and (2) of the Commission Decision.

39. In accordance with the requirements of Article 12 (3) and (4) of the Commission Decision the Minister for Agriculture, Food and the Marine, shall assist the Minister in informing the Commission, by 30 September 2023, of the outcomes of this two-year review, and in particular on the areas and farms with an authorisation where the maximum amount of manure to be applied is 220 kg nitrogen/ha per year and of the additional measures to be applied within the Nitrates Action Programme.

40. The Agency shall make such recommendations and give such directions to a local authority in relation to the monitoring of water quality as it considers appropriate and/or necessary for the purposes of the Commission Decision.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

2

nd August,

2022.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving further effect to Directive 91/676/EEC of 12 December 1991

1

, Directive 2000/60/EC of 23 October 2000

2

, Directive 2003/35/EC of 26 May 2003

3

, Directive 2006/118/EC of 12 December 2006

4

and Directive 2008/98/EC of 19 November 2008

5

hereby make the following regulations

PART 1 PRELIMINARY

Citation, commencement and application