Derogation Deadline Approaching


The UFU would like to remind farmers that the deadline for applying for a Nitrates Derogation is 1 March 2017. During the last few years a number of farmers have been breached for exceeding the 170 kg N/ha/year nitrogen loading limit under the Northern Ireland Nitrates Action Programme by the Northern Ireland Environment Agency.  As the Nitrates Regulations are part of cross-compliance requirements, any breach will result in a Direct Support Payment penalty.  To comply with the Nitrates Action Programme nitrogen loading limit, farms may adopt a number of strategies which allow them to deal with any surplus organic nitrogen on farm.  This may include exporting slurry, renting additional land, reducing livestock numbers or applying for a derogation if the criteria can be met.  In some cases applying for a derogation might be the most cost effective option. 

A nitrates derogation allows a higher organic nitrogen loading of up to 250 kg N/ha/year on some farms.  All other farms in Northern Ireland must comply with an organic nitrogen loading limit of 170 kg N/ha/year.  The EC insist that farmers applying for a derogation must comply with additional criteria which are similar across Europe.  Under the EC rules, any farmer wishing to avail of a derogation have to apply annually to the Northern Ireland Environment Agency (NIEA) by 1 March and must comply with additional measures.  To be eligible for derogation, farms must operate below 250kgN/ha/year from grazing livestock manure; have at least 80% of agricultural land in grassland; shall not exceed a phosphorus balance of 10kgP/ha/year; soil sampling must be carried out at least once between 2015 and 2018 for each uniform area of the farm. At least one analysis per 4 ha of farmland is required and meet other land management conditions.  Each year farmers must also prepare and have available on farm by 1 March, a fertilisation plan that should include various pieces of information including the management of manures and chemical fertiliser. 

The UFU would urge any farmer who feels that they may need a derogation to seriously consider their options now and if necessary submit an application to NIEA by the 1 March closing date.  While the additional requirements may seem off-putting, the derogation option may well be the most suitable option for a farm business.

Farmers who are already operating within an approved derogation are required to submit a 2016 Fertilisation Account to NIEA by 1 March 2017 and an application form if they wish to continue at the higher stocking rate in 2017.  Any farmer submitting a Fertilisation Account should complete this accurately and ensure that the detail submitted meets the criteria set for the derogation to avoid any breaches. 

Farmers who wish to apply for a 2017 derogation should request an application form from the NIEA on 028 92623280 or from the NIEA website. The deadline for applications is 1 March 2017