There is a spotlight on the future of the nitrates derogation, with the current derogation due to conclude at the end of 2025. The loss of the derogation would have far-reaching consequences not only for the dairy sector, but for all farming sectors.
The Department of Agriculture, under then Minister Charlie McConalogue, published a Nitrates Action renewal plan – ‘Water and Agriculture, a Collaborative Approach’ – in 2024 and this contains the Department’s objective of retaining the derogation post 2025.
A number of new rules and regulations were introduced for all farmers under the mid-term review of Ireland’s fifth Nitrates Action Plan in February 2025 and these are detailed on the following pages. These are automatically subsumed in to the nitrates derogation.
The following are 10 important points picked out for new and existing applicants.
A four-year liming programme must be put in place where soil analysis shows a requirement for lime. \ Donal O' Leary
Training requirements
Nitrates derogation applicants who applied to participate in the nitrates derogation in 2021, 2022, 2023 or 2024 must have completed all elements of a training programme in nutrient use efficiency and the protection of waters. This is required under training guidelines issued in 2021 and available at www.gov.ie/nitrates 2.
Therefore, only a small number of applicants are likely to be affected year by having to complete training programmes in nutrient use efficiency and the protection of waters. This training must be completed by 31 December 2025.
The programmes are as follows:
A) Nutrient use efficiency: increasing nutrient use efficiency by getting the most from fertiliser and slurry.
B) Protection of water: farming sustainably under derogation and reducing the impact of emissions on water and biodiversity.
Nutrient management plan
A nutrient management plan (NMP) or fertiliser plan must be kept for the holding describing the crop rotation of the farmland and the planned application of manure and other fertilisers.
This must have been submitted online to the Department along with the application for a nitrates derogation before 15 May 2025, unless an NMP was submitted to the Department in 2022, 2023 or 2024 that remains valid for 2025.
Soil samples eligible for 2025 must be dated after 15 September 2021.
Soil analysis
Soil analysis used for the nutrient management plan (NMP) must be dated later than 15 September 2021. New soil analysis must be performed for the holding at least every four years for each homogeneous area of the holding, with regard to crop rotation, nutrient and pH status and soil characteristics. The maximum area per sample is 5ha.
For new applicants or in the case of newly owned, rented or leased land which does not have a current valid soil analysis result, you must assume P Index 4 until a soil sample analysis showing a different P soil Index becomes available (see page 36 for more).
If the same land is being farmed again in 2026, soil sample analysis must be available, and the fertiliser plan amended accordingly and submitted online to the Department before 31 March 2026.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
P build-up
To participate in the phosphorus build-up programme while in derogation, soil analysis must comply with required criteria in terms of organic matter.
In addition, the applicant must attend a P Build-up training course by an approved FAS advisor and a record of attendance must be sent to pbuildup@agriculture.gov.ie.
Grassland measuring
Farmers must record through appropriate software technology (as accepted by the Department) the grass produced annually on the farm.
There is an exception for new applicants if they “haven’t the required skills to undertake this measure”. Such farmers must complete the required training/upskilling in grassland management by 31 December 2025.
For all other applicants, the requirement is to record at least 20 grass measurements during 2025 on appropriate software technology accepted by the Department. A minimum of five days must be observed between grass measurements.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Liming programme
If soil samples indicate a lime requirement then there must be a farm scale liming programme on the derogation holding. Such details must be provided in the Nutrient Management Plan.
The liming programme must be four years in duration with a minimum of 25% of the required lime applied in year one and the balance over the remaining three years.
Lime applied after soil sampling but prior to the start of the liming programme can be taken in to account and deducted from the liming programme.
Receipts for lime purchased and spread before 31 December 2023 must be retained by the applicant and made available for inspection if required. Records of lime purchased after 1 September 2023 will be taken from the National Fertiliser Database.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Ploughing
Farmers who wish to plough grassland must complete this between 1 March and 31 May. Ploughed grass on all soil types must be followed by a crop with high nitrogen demand immediately and no later than three weeks after ploughing grass.
Grass seed selection
Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen (except in the case of clover in grassland with less than 50% clover and other leguminous plants that are undersown with grass).
All new grass reseeds on the grassland farm must incorporate at least 1.5kg/ha of naked clover seed or at least 2.5kg/ha of pelleted clover (see page 37 for more).
Access to watercourses
All access to watercourses for bovines is prohibited. Fencing along watercourses must be positioned at least 1.5m from the top of the bank.
Where a natural stock-proof boundary is sufficient to prevent bovine access within 1.5 metres of the top of the riverbank, this may act as a substitute for a fence.
Supplementary drinking points must not be situated within 20m of a watercourse.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Hedgerow cutting
There are two options. When hedge cutting, farmers must either retain at least one whitethorn/blackthorn tree within each hedgerow to allow it mature or maintain hedgerows on a minimum three-year cycle – that is cut in rotation rather than all at once as this will ensure some areas of hedgerows on the farm will always flower.
There is a spotlight on the future of the nitrates derogation, with the current derogation due to conclude at the end of 2025. The loss of the derogation would have far-reaching consequences not only for the dairy sector, but for all farming sectors.
The Department of Agriculture, under then Minister Charlie McConalogue, published a Nitrates Action renewal plan – ‘Water and Agriculture, a Collaborative Approach’ – in 2024 and this contains the Department’s objective of retaining the derogation post 2025.
A number of new rules and regulations were introduced for all farmers under the mid-term review of Ireland’s fifth Nitrates Action Plan in February 2025 and these are detailed on the following pages. These are automatically subsumed in to the nitrates derogation.
The following are 10 important points picked out for new and existing applicants.
A four-year liming programme must be put in place where soil analysis shows a requirement for lime. \ Donal O' Leary
Training requirements
Nitrates derogation applicants who applied to participate in the nitrates derogation in 2021, 2022, 2023 or 2024 must have completed all elements of a training programme in nutrient use efficiency and the protection of waters. This is required under training guidelines issued in 2021 and available at www.gov.ie/nitrates 2.
Therefore, only a small number of applicants are likely to be affected year by having to complete training programmes in nutrient use efficiency and the protection of waters. This training must be completed by 31 December 2025.
The programmes are as follows:
A) Nutrient use efficiency: increasing nutrient use efficiency by getting the most from fertiliser and slurry.
B) Protection of water: farming sustainably under derogation and reducing the impact of emissions on water and biodiversity.
Nutrient management plan
A nutrient management plan (NMP) or fertiliser plan must be kept for the holding describing the crop rotation of the farmland and the planned application of manure and other fertilisers.
This must have been submitted online to the Department along with the application for a nitrates derogation before 15 May 2025, unless an NMP was submitted to the Department in 2022, 2023 or 2024 that remains valid for 2025.
Soil samples eligible for 2025 must be dated after 15 September 2021.
Soil analysis
Soil analysis used for the nutrient management plan (NMP) must be dated later than 15 September 2021. New soil analysis must be performed for the holding at least every four years for each homogeneous area of the holding, with regard to crop rotation, nutrient and pH status and soil characteristics. The maximum area per sample is 5ha.
For new applicants or in the case of newly owned, rented or leased land which does not have a current valid soil analysis result, you must assume P Index 4 until a soil sample analysis showing a different P soil Index becomes available (see page 36 for more).
If the same land is being farmed again in 2026, soil sample analysis must be available, and the fertiliser plan amended accordingly and submitted online to the Department before 31 March 2026.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
P build-up
To participate in the phosphorus build-up programme while in derogation, soil analysis must comply with required criteria in terms of organic matter.
In addition, the applicant must attend a P Build-up training course by an approved FAS advisor and a record of attendance must be sent to pbuildup@agriculture.gov.ie.
Grassland measuring
Farmers must record through appropriate software technology (as accepted by the Department) the grass produced annually on the farm.
There is an exception for new applicants if they “haven’t the required skills to undertake this measure”. Such farmers must complete the required training/upskilling in grassland management by 31 December 2025.
For all other applicants, the requirement is to record at least 20 grass measurements during 2025 on appropriate software technology accepted by the Department. A minimum of five days must be observed between grass measurements.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Liming programme
If soil samples indicate a lime requirement then there must be a farm scale liming programme on the derogation holding. Such details must be provided in the Nutrient Management Plan.
The liming programme must be four years in duration with a minimum of 25% of the required lime applied in year one and the balance over the remaining three years.
Lime applied after soil sampling but prior to the start of the liming programme can be taken in to account and deducted from the liming programme.
Receipts for lime purchased and spread before 31 December 2023 must be retained by the applicant and made available for inspection if required. Records of lime purchased after 1 September 2023 will be taken from the National Fertiliser Database.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Ploughing
Farmers who wish to plough grassland must complete this between 1 March and 31 May. Ploughed grass on all soil types must be followed by a crop with high nitrogen demand immediately and no later than three weeks after ploughing grass.
Grass seed selection
Crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen (except in the case of clover in grassland with less than 50% clover and other leguminous plants that are undersown with grass).
All new grass reseeds on the grassland farm must incorporate at least 1.5kg/ha of naked clover seed or at least 2.5kg/ha of pelleted clover (see page 37 for more).
Access to watercourses
All access to watercourses for bovines is prohibited. Fencing along watercourses must be positioned at least 1.5m from the top of the bank.
Where a natural stock-proof boundary is sufficient to prevent bovine access within 1.5 metres of the top of the riverbank, this may act as a substitute for a fence.
Supplementary drinking points must not be situated within 20m of a watercourse.
Donie O' Donovan, Cullinagh, Skibbereen, Co Cork. \ Donal O' Leary
Hedgerow cutting
There are two options. When hedge cutting, farmers must either retain at least one whitethorn/blackthorn tree within each hedgerow to allow it mature or maintain hedgerows on a minimum three-year cycle – that is cut in rotation rather than all at once as this will ensure some areas of hedgerows on the farm will always flower.
SHARING OPTIONS