Nitrates Action Programme
Compliance with the Nitrates Action Programme (NAP) is one of the Cross Compliance Statutory Management Requirements. Farmers claiming Single Farm Payment and other direct payments are required to comply with the NAP Regulations. All farms in Northern Ireland are required by law to comply with The Nitrates Action Programme Regulations (Northern Ireland) 2014 (as amended by The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2015) as well as The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014.
Records relating to the export of organic manure must be submitted annually to NIEA by 31 January of the following year.
NIEA is introducing a new system for the on-line submission of records for manure export forms from January 2018. The new system will make it easier and quicker for farmers, or their agents, to submit records while at the same time reducing the risk of errors and hence potential penalties being applied to the Basic Payments.
This on-line submission of manure export records for non-derogated farms sits alongside the CAFRE Nutrient Calculators which farmers are already familiar with and use to calculate their nitrogen loading and storage capacity.
Please be aware that failure to keep these records and submit them to NIEA by 31 January of the following year may have implications for any payments under existing area based payment schemes.
- Nitrates Action Programme guidance booklet 2015 – 2018
- NAP 2015-2018 and Phosphorus Regulations workbook
- Summary of the Nitrates Action Programmme 2015 - 2018 and Phosphorus Regulations
Poultry litter storage and spreading
Farmers planning to store poultry litter in fields should contact the NIEA’s Agricultural Regulation Team for approval prior to placing the litter in the field. Poultry litter may only be stored in field heaps for a maximum of 120 days in the field where it is to be applied and must be covered with an impermeable membrane within 24 hours of placement in the field.
- Updated guidance for farmers on requirements for the storage and spreading of poultry litter 31 December 2014
Nitrates directive derogation
Since 2007 the European Commission (the Commission) has granted a derogation from the Nitrates Directive for Northern Ireland from a land application limit of 170 kg nitrogen per hectare per year from grazing livestock manures up to 250 kg nitrogen per hectare per year for intensive grassland farms which meet certain criteria. The Commission renewed the derogation for the duration of the 2015-2018 action programme was approved in December 2014.
Subject to individual farms meeting certain key measures, farmers may farm above the 170 kg Nitrogen/hectare/year limit to a limit of 250 kg Nitrogen/hectare/year for grazing livestock manure. The precise terms and conditions of the derogation are set out in the EC Decision 2015/346/EU. At least 80 percent or more of the agricultural area of a farmer’s holding must be grassland. Farmers cannot apply more than 250 kg Nitrogen/hectare per year from grazing livestock manure to land. This includes application by the animal itself.
Manure from pigs and poultry is not eligible for the higher derogation limit and therefore must not exceed the 170 kg Nitrogen/hectare/year limit.
Application guidance and form
The Northern Ireland Environment Agency (NIEA) is introducing a new online application process for farmers wishing to apply for a nitrates derogation from 2018 and is taking this opportunity to encourage more applications. The application process has been simplified and it has been designed to rule out errors which will reduce the number of applications refused.
Under the new process applications should be made online from 1st January in any year using the online Nitrates Derogation application service.
The deadline for applications in 2019 is 31st March at 23:59.
Farmers considering the Nitrates Derogation should seek further advice from their adviser, farming organisation or agricultural consultant to help determine whether they are eligible to apply for a derogation
- Northern Ireland Environment Agency contact
- Nitrates Derogation Application Form
- Application forms are also available from your local DAERA office.
The Nitrates Directive Derogation Fertilisation plan must be kept on farm. It is not submitted to NIEA but must be prepared and made available for inspection by 1 March on farm each calendar year.
NIEA is introducing a new system for the on-line submission of fertilisation accounts from January 2018. The new system will make it easier and quicker for farmers, or their agents, to submit records while at the same time reducing the risk of errors and hence potential penalties being applied to the Basic Payments
For those farms operating under an approved derogation, the annual fertilisation account will be submitted on-line at the following link:
Farmers must act now to be able to complete their account on-line. They must provide NIEA with an e-mail address and NIEA will then e-mail you with a password.
Under the new process farmers or their advisers should prepare their fertilisation accounts and manure export records from derogated farms and submit these on-line.
The Nitrates Derogation Fertilisation Account must be received by NIEA by 23:59 on the 31st March 2019 for the previous calendar year. If you operated under derogation in 2018 and you are applying for derogation in 2019, your application for derogation for the calendar year 2019 must be accompanied by your fertilisation account for the calendar year 2018.
The P Balance Worksheet will assist to calculate the P Balance on the farm. You do not have to complete this worksheet, however if you do, this worksheet can be submitted with the rest of the Fertilisation Account and you do not have to complete the P Balance section of the Fertilisation Account on pages 9-16.
Alternatively, you can access the P Balance Calculator through the DAERA online services. Using the P Balance Calculator you can print the 'Detailed Balance Summary'. Again this can be submitted with the rest of your Fertilisation Account and you do not have to complete the P Balance section of the Fertilisation Account.
In accordance with the conditions of the Derogation Decision, Northern Ireland reports annually to the Commission on the uptake of derogation by farm businesses, evaluation of the implementation at farm level and the status of water quality.
Article 10 report
In accordance with Article 10 of the Directive, Member States must report every four years to the Commission on the status of water quality and the impact of action programmes on water quality and agricultural practices. The UK report for 2012 to 2015 was completed in 2016 and the Northern Ireland section of it can be downloaded below. The Department also produced a short summary of the report.
- 2016 Northern Ireland Nitrates Article 10 report
- Summary of findings of 2016 Article 10 report and 2015 Derogation report
The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2014
Phosphorus run-off from soil to surface waters is one of the main contributors to the eutrophication process in Northern Ireland. The Phosphorus (Use In Agriculture) Regulations (Northern Ireland) 2014 have been made by the Department of the Environment to help control eutrophication by limiting the amount of chemical phosphorus fertiliser applied to land to that required for crop growth.
If you have any further queries in relation to these regulations please do not hesitate to contact the Agricultural Regulations Team.