S.I. No. 610/2010 - European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2010

• (5) A local authority shall furnish to the Department of Agriculture, Fisheries and Food and such other persons as it considers appropriate a report of an inspection or inspections carried out for the purposes of these Regulations where non-compliance has been detected.

• (6) A local authority shall maintain a register of prior investigations carried out, and distances specified, for the purposes of Article 17.

Compliance with Data Protection Acts

Certificate in relation to nutrient content of fertiliser

• (2) A certificate issued under this article shall be valid for such period, not exceeding twelve months, as shall be specified in the certificate.

• (3) In this article “competent authority” means—

• (a) the Agency in relation to fertiliser arising in an activity in relation to which there is in force a licence under Part IV of the Act of 1992, and

• (b) the Minister for Agriculture, Fisheries and Food in relation to any other fertiliser.

• (4) Notice of the methodologies used for the purposes of sub-article (1) shall be notified to the European Commission by the competent authority.

Exemption for exceptional circumstances for research

• (2) A temporary exemption for the purposes of sub-article (1) shall be granted by way of certificate issued to a person by the Agency or the Minister for Agriculture, Fisheries and Food and shall be subject to such conditions, if any, as are specified in the certificate.

• (3) A certificate issued for the purposes of this article shall specify the nature, extent and duration of the exemption to which the certificate relates and a copy of the certificate shall be sent as soon as may be to the relevant local authority.

Transitional provisions

• (2) The application to land in any year prior to 1 January 2007 of livestock manure in excess of the amount specified in Article 20(1) of the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2006 shall be deemed not to be a contravention of that provision.

• (3) Notwithstanding Articles 16 and 26 and sub-article (2), the application to land of phosphorus in excess of the quantities prescribed by Article 16 shall not be an offence for the purposes of Article 16 in a case where—

• (a) the excess arises from the application of spent mushroom compost or manure produced by pigs or poultry, and

• (b) the excess amount does not exceed the amounts specified in Schedule 2, Table 22 of these Regulations from the prescribed dates, and

• (c) such compost or manure, as the case may be, is produced on a holding on which activities were being carried out which gave rise to spent mushroom compost or manure from pigs or poultry and there has not been an increase in the scale of such activities on the holding since 1 August 2006, and

• (d) suppliers of spent mushroom compost or manure produced by pigs and poultry retain records of the movement of such fertilisers off the holding in accordance with the requirements of Article 23, and

• (e) the occupier of the holding on which the phosphorus is applied to land holds records which demonstrate compliance with paragraphs (a), (b), (c) and (d).

Article 3

SCHEDULE 1 SOIL TEST

A soil test refers to the results of an analysis of a soil sample carried out by a soil-testing laboratory that meets the requirements of the Minister for Agriculture, Fisheries and Food for this purpose.

The analysis for phosphorus and, where appropriate, organic matter content and the taking of soil samples shall be carried out in accordance with the procedures below.

Analysis for Phosphorus

The Morgan’s extractable P test as detailed below shall be used to determine the Soil P Index.

Preparation of soil sample

The soil shall be dried at 40°C for at least 24 hours (longer if necessary to ensure complete drying) in a forced draught oven with moisture extraction facilities. It shall then be sieved through a 2 mm mesh screen to remove stones and plant debris. After thorough mixing, it shall be sub-divided to obtain a representative sample. Where large samples are received at the laboratory, the entire sample shall be dried and sieved prior to sub-sampling for analysis.

Morgan’s Extracting Solution

Constituents:— 1,400 ml of 40% NaOH in approximately 15 litres of water. Add 1,440 ml of Glacial Acetic Acid. Make up to 20 litres with water and adjust pH to 4.8. The pH of the solution must be checked regularly and adjusted as necessary before use. A volume ratio of one part sieved soil to five parts of solution must be used, e.g. 6 ml of the prepared soil sample is extracted with a 30 ml volume of Morgan’s Extracting Solution. The sample shall be shaken for 30 minutes to get a suitable mix and permit intended reaction, after which it is filtered through a No. 2 Whatman filter paper into vials for analysis. The filtered extract shall be analysed using standard laboratory techniques.

Results shall be reported in mg per litre.

Analysis of organic matter

Organic Matter content shall be determined by loss on ignition.

Place a quantity of the prepared soil sample in an oven for 16 hours at 105°C. Remove and cool in a desiccator. Put approximately 4g of this soil into a pre-weighed crucible and determine the weight of the soil (initial weight). Place in a muffle furnace at 500°C for 16 hours for ashing. Remove the crucible, cool in a desiccator and determine the weight of the ash (final weight).

The organic matter of the soil is the difference in weight between the initial and final weights expressed as a percentage of the initial weight.

Soil Sampling Procedure

The soil sample shall be taken in accordance with the procedure as specified below:

• (a) The sampling area shall not exceed 4 hectares. Exceptionally, where soil types and cropping of lands were similar during the previous five years, a sample area of up to 8 hectares shall be deemed acceptable.

• (b) Separate samples shall be taken from areas that are different in soil type, previous cropping history, slope, drainage or persistent poor yields.

• (c) Any unusual spots such as old fences, ditches, drinking troughs, dung or urine patches or where fertiliser or lime has been heaped or spilled shall be avoided.

• (d) A field shall not be sampled for phosphorus until 3 months after the last application of any fertiliser containing this nutrient (chemical or organic).

• (e) The sampling pattern shown in the figure below shall be followed. A soil core shall be taken to the full 100 mm depth. 20 cores shall be taken from the sampling area and placed in the soil container to make up the sample. Ensure the container is full of soil.

• (f) The field and sample numbers shall be written/attached onto the soil container.

Figure 1: Sampling pattern

Article 7

SCHEDULE 2 CRITERIA AS TO STORAGE CAPACITY AND NUTRIENT MANAGEMENT

Table 1 Slurry storage capacity required for sows and pigs

Unit type	m3/week1	m3/week1	m3/week1	m3/week1	m3/week1
Water:meal ratio changing for finishers only	2. 0:1	2. 5:1	3. 0:1	3. 5:1	4. 0:1
Breeding unit (per sow place)	-	-	-	-	0. 174
Integrated unit (per sow place)	0. 312	0. 355	0. 398	0. 441	0. 483
Finishing unit (per pig)	0. 024	0. 031	0. 039	0. 046	0. 053

1 An additional 200mm freeboard must be provided in all covered tanks and 300mm freeboard in all uncovered tanks. Allowance must also be made for net rainfall during the specified storage period for uncovered tanks.

Table 2 Slurry storage capacity required for cattle, sheep and poultry

Livestock type	m3/week1
Dairy cow	0. 33
Suckler cow	0. 29
Cattle > 2 years	0. 26
Cattle (18-24 months old)	0. 26
Cattle (12-18 months old)	0. 15
Cattle (6-12 months old)	0. 15
Cattle (0-6 months old)	0. 08
Lowland ewe	0. 03
Mountain ewe	0. 02
Lamb-finishing	0. 01
Poultry — layers per 1000 birds (30% DM)	0. 81

1 An additional 200mm freeboard must be provided in all covered tanks and 300mm freeboard in all uncovered tanks. Allowance must also be made for net rainfall during the specified storage period for uncovered tanks.

Table 3 Storage capacity required for dungstead manure

Livestock type	Solid fraction (m3/week)	Seepage fraction (m3 /week)1
Dairy cow	0. 28	0. 04
Suckler cow	0. 25	0. 03
Cattle > 2 years	0. 23	0. 02
Cattle (18-24 months old)	0. 23	0. 02
Cattle (12-18 months old)	0. 13	0. 01
Cattle (6-12 months old)	0. 13	0. 01
Cattle (0-6 months old)	0. 07	0. 01

1 Allowance must also be made for net rainfall during the specified storage period for uncovered tanks.

Table 4 Average net rainfall during the specified storage period.

County	Millimetres per week
Carlow	24
Cavan	27
Clare	32
Cork	37
Donegal	38
Dublin	17
Galway	34
Kerry	45
Kildare	18
Kilkenny	23
Laois	22
Leitrim	33
Limerick	26
Longford	23
Louth	20
Mayo	40
Meath	19
Monaghan	23
Offaly	20
Roscommon	26
Sligo	32
Tipperary	27
Waterford	31
Westmeath	21
Wexford	25
Wicklow	33

Article 8

Table 5 Storage capacity required for effluent produced by ensiled forage

Crop	Minimum storage requirement (m3/100 tonnes)	Minimum storage requirement (m3/100 tonnes)
	Short Term Storage1	Full Storage
Grass	7	21
Arable silage	7	21
Maize	4	10
Sugar beet tops	15	50

1 Only permitted where a vacuum tanker or an irrigation system is available on the holding.

Article 13 and 20

Table 6 Annual nutrient excretion rates for livestock

Livestock type	Total Nitrogen	Total Phosphorus
	kg/year	kg/year
Dairy cow	85	13
Suckler cow	65	10
Cattle (0-1 year old)	24	3
Cattle (1-2 years old)	57	8
Cattle > 2 years	65	10
Mountain ewe & lambs	7	1
Lowland ewe & lambs	13	2
Mountain hogget	4	0. 6
Lowland hogget	6	1
Goat	9	1
Horse (>3 years old)	50	9
Horse (2-3 years old)	44	8
Horse (1-2 years old)	36	6
Horse foal (< 1 year old)	25	3
Donkey/small pony	30	5
Deer (red) 6 months — 2 years	13	2
Deer (red) > 2 years	25	4
Deer (fallow) 6 months — 2 years	7	1
Deer (fallow) > 2 years	13	2
Deer (sika) 6 months — 2 years	6	1
Deer (sika) > 2 years	10	2
Breeding unit (per sow place)	35	8
Integrated unit (per sow place)	87	17
Finishing unit (per pig place)	9. 2	1. 7
Laying hen per bird place	0. 56	0. 12
Broiler per bird place	0. 24	0. 09
Turkey per bird place	1	0. 4

Article 15 and 20

Table 7 Amount of nutrient contained in 1m3 of slurry

Livestock type	Total Nitrogen (kg)	Total Phosphorus (kg)
Cattle	5. 0	0. 8
Pig	4. 2	0. 8
Sheep	10. 2	1. 5
Poultry — layers 30% DM	13. 7	2. 9

For the purposes of calculation, assume that 1m3 = 1,000 litres = 1 tonne.

Table 8 Amount of nutrients contained in 1 tonne of organic fertilisers other than slurry

Livestock type	Livestock type	Total Nitrogen(kg)	Total Phosphorus(kg)
Poultry manure	broilers/deep litter	11. 0	6. 0
	layers 55% dry matter	23. 0	5. 5
	turkeys	28. 0	13. 8
Dungstead manure (cattle)		3. 5	0. 9
Farmyard manure		4. 5	1. 2
Spent mushroom compost		8	2. 5
Sewage sludge	Sewage sludge	Total nitrogen and total phosphorus content per tonne shall be as declared by the supplier in accordance with the Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 to 2001 and any subsequent amendments thereto.	Total nitrogen and total phosphorus content per tonne shall be as declared by the supplier in accordance with the Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998 to 2001 and any subsequent amendments thereto.
Dairy processing residues and other products not listed above	Dairy processing residues and other products not listed above	Total nitrogen and total phosphorus content per tonne based on certified analysis shall be provided by the supplier.	Total nitrogen and total phosphorus content per tonne based on certified analysis shall be provided by the supplier.

Article 15

Table 9 Nutrient availability in fertilisers

Fertiliser	Availability1 (%)	Availability1 (%)	Availability1 (%)
	Nitrogen	Nitrogen	Phosphorus
	From January 1 2010	From January 1 2011	From January 1 2007
Chemical	100	100	100
Pig and poultry manure	50	50	100
Farmyard manure	30	30	100
Spent mushroom compost	45	20	100
Cattle and other livestock manure (including that produced on the holding)	40	40	100

1Refers to year of application

Table 9A

Compost C:N ratio1	N availability (%)2
<10	25
12. 5	17. 5
15. 0	10
17. 5	5. 5
>20	0. 0

1 The determination of the C:N ratio shall be based on a methodology agreed with the Agency or the Minister for Agriculture, Fisheries and Food

2 Refers to year of application

Table 10 Determining nitrogen index for tillage crops

Tillage crops that follow permanent pasture	Tillage crops that follow permanent pasture	Tillage crops that follow permanent pasture	Tillage crops that follow permanent pasture
Nitrogen Index	Nitrogen Index	Nitrogen Index	Nitrogen Index
Index 1	Index 2	Index 3	Index 4
The 5th tillage crop following permanent pasture. For subsequent tillage crops use the continuous tillage table.	The 3rd or 4th tillage crop following permanent pasture. If original permanent pasture was cut only, use index 1.	The 1st or 2nd tillage crop following permanent pasture (see also Index 4). If original permanent pasture was cut only, use index 2.	The 1st or 2nd tillage crop following very good permanent pasture which was grazed only.
Continuous tillage: — crops that follow short leys (1-4 years) or tillage crops	Continuous tillage: — crops that follow short leys (1-4 years) or tillage crops	Continuous tillage: — crops that follow short leys (1-4 years) or tillage crops	Continuous tillage: — crops that follow short leys (1-4 years) or tillage crops
Previous crop	Previous crop	Previous crop	Previous crop
Index 1	Index 2	Index 3	Index 4
CerealsMaize	Sugar beet Fodder beet Potatoes Mangels Kale Oil seed rape, Peas, Beans
	Leys (1-4 years) grazed or cut and grazed.
	Swedes removed	Swedes grazed in situ
Vegetables receiving less than 200 kg/ha nitrogen	Vegetables receiving more than 200 kg/ha nitrogen

Table 11 Phosphorus index system

Soil phosphorus index	Soil phosphorus ranges (mg/l)	Soil phosphorus ranges (mg/l)
	Grassland	Other crops
1	0. 0-3.0	0. 0-3.0
2	3. 1-5.0	3. 1-6.0
3	5. 1-8.0	6. 1-10.0
4	> 8.0	>10.0

Article 16

Table 12 Annual maximum fertilisation rates of available nitrogen on grassland

Grassland stocking rate1(kg/ha/year)	Available nitrogen2 (kg/ha)
170	226
Grassland stocking rate greater than 170 kg/ha/year3	Grassland stocking rate greater than 170 kg/ha/year3
171-210	306
211-250	279
>250	2794

1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the net grassland area (ha) (grazing and silage area). Stocking rate refers to grassland area only.

2 The maximum nitrogen fertilisation of grassland shall not exceed that specified for stocking rates less than or equal to 170 kg/ha/year unless a minimum of 5% of the net area of the holding is used to grow crops other than grass or a derogation applies in respect of the holding.

3 This table does not imply any departure from Article 20(1) which prohibits the application to land on a holding of livestock manure in amounts which exceed 170kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250kg in the case of a derogated holding).

4 The application of Nitrogen from livestock manure (including that deposited by the animals themselves) to the net grassland area shall not exceed 250 kg Nitrogen per hectare per year.

Table 13 Annual maximum fertilisation rates of phosphorus on grassland

Grassland stocking rate1(kg/ha/year)	Phosphorus Index	Phosphorus Index	Phosphorus Index	Phosphorus Index
	1	2	3	4
	Available Phosphorus (kg/ha)2, 3, 6	Available Phosphorus (kg/ha)2, 3, 6	Available Phosphorus (kg/ha)2, 3, 6	Available Phosphorus (kg/ha)2, 3, 6
130	35	25	15	0
131-170	39	29	19	0
Grassland stocking rate greater than 170 kg/ha/year 4, 5	Grassland stocking rate greater than 170 kg/ha/year 4, 5	Grassland stocking rate greater than 170 kg/ha/year 4, 5	Grassland stocking rate greater than 170 kg/ha/year 4, 5	Grassland stocking rate greater than 170 kg/ha/year 4, 5
171-210	44	34	24	0
211-250	49	39	29	0
>250	49	39	29	0

1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the net grassland area (grazing and silage area). Stocking rate refers to grassland area only.

2 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.

3 Manure produced by grazing livestock on a holding may be applied to Index 4 soils on that holding in a situation where there is a surplus of such manure remaining after the phosphorus fertilisation needs of all crops on soils at phosphorus indices 1, 2 or 3 on the holding have been met by the use only of such manure produced on the holding.

4 The maximum phosphorus fertilisation of grassland shall not exceed that specified for stocking rates less than or equal to 170 kg/ha/year unless a minimum of 5% of the net area of the holding is used to grow crops other than grass or a derogation applies in respect of the holding.

5 This table does not imply any departure from Article 20(1) which prohibits the application to land on a holding of livestock manure in amounts which exceed 170kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250kg in the case of a derogated holding).

6 An additional 15 kg of phosphorus per hectare may be applied on soils at phosphorus indices 1, 2, or 3 for each hectare of pasture establishment undertaken.

Table 14 Annual maximum fertilisation rates of available nitrogen on grassland (cut only, no grazing livestock on holding)

	Available nitrogen (kg/ha)
1st cut	125
Subsequent cuts	100
Hay	80

Table 15 Annual maximum fertilisation rates of phosphorus on grassland (cut only, no grazing livestock on holding)

	Phosphorus Index	Phosphorus Index	Phosphorus Index	Phosphorus Index
	1	2	3	4
	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1
First cut	40	30	20	0
Subsequent cuts	10	10	10	0

1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.

Table 16 Maximum fertilisation rates of nitrogen on tillage crops

Crop	Nitrogen Index	Nitrogen Index	Nitrogen Index	Nitrogen Index
	1	2	3	4
	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)
Winter Wheat1, 2	210	180	120	80
Spring Wheat1, 2	140	110	75	40
Winter Barley1	160	135	100	60
Spring Barley1,3	135	100	75	40
Winter Oats1	145	120	85	45
Spring Oats1	110	90	60	30
Sugar Beet	195	155	120	80
Fodder Beet	195	155	120	80
Potatoes: Main crop	170	145	120	95
Potatoes: Early	155	130	105	80
Potatoes: Seed	155	130	105	80
Maize	180	140	110	75
Field Peas/Beans	0	0	0	0
Oilseed Rape	225	180	160	140
Linseed	75	50	35	20
Swedes/Turnips	90	70	40	20
Kale	150	130	100	70
Forage Rape	130	120	110	90

1 Where proof of higher yields is available, an additional 20kg N/ha may be applied for each additional tonne above the following yields:

Winter Wheat — 9.0 tonnes/ha Spring Wheat — 7.5 tonnes/ha

Winter Barley — 8.5 tonnes/ha Spring Barley — 6.5 tonnes/ha

Winter Oats — 7.5 tonnes/ha Spring Oats — 6.5 tonnes/ha

The higher yields shall be based on the best yield achieved in any of the three previous harvests, at 20% moisture content.

2 Where milling wheat is grown under a contract to a purchaser of milling wheat, an extra 30 kg N/ha may be applied.

3 Where malting barley is grown under a contract to a purchaser of malting barley, an extra 20 kg N/ha may be applied where it is shown on the basis of agronomic advice that additional nitrogen is needed to address a proven low protein content in the grain.

Table 17 Maximum fertilisation rates of phosphorus on tillage crops

Crop	Phosphorus Index	Phosphorus Index	Phosphorus Index	Phosphorus Index
	1	2	3	4
	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1	Available Phosphorus (kg/ha)1
Winter Wheat 2	45	35	25	0
Spring Wheat2	45	35	25	0
Winter Barley2	45	35	25	0
Spring Barley2	45	35	25	0
Winter Oats2	45	35	25	0
Spring Oats2	45	35	25	0
Sugar Beet	70	55	40	20
Fodder Beet	70	55	40	20
Potatoes: Main crop	125	100	75	50
Potatoes: Early	125	115	100	50
Potatoes: Seed	125	115	100	85
Maize	70	50	40	0
Field Peas	40	25	20	0
Field Beans	50	40	20	0
Oil Seed Rape	35	30	20	0
Linseed	35	30	20	0
Swedes/Turnips	70	60	40	40
Kale	60	50	30	0
Forage Rape	40	30	20	0

1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.

2 Where proof of higher yields is available, an additional 3.8kg P/ha may be applied on soils at phosphorus indices 1, 2, or 3 for each additional tonne above a yield of 6.5 tonnes/ha. The higher yields shall be based on the best yield achieved in any of the three previous harvests, at 20% moisture content.

Table 18 Maximum fertilisation rates of nitrogen on vegetable crops

Crop	Nitrogen Index	Nitrogen Index	Nitrogen Index	Nitrogen Index	Maximumadditionalsupplementation(Top dressing)
	1	2	3	4
	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)	Available Nitrogen (kg/ha)
Asparagus (Establishment)	140	115	95	70
Asparagus (After harvest)	100	100	100	100
Broad Beans	0	0	0	0
French Beans	90	85	75	70
Beetroot	140	125	105	90
Brussels Sprouts	120	115	105	100	180
Spring Cabbage	50	35	15	0	250
Other Cabbage	150	135	115	100	100
Broccoli	120	110	100	90	20
Cauliflower (Winter and Spring)	75	50	25	0	150
Cauliflower (Summer and Autumn)	120	80	40	0	120
Carrots	90	75	55	40
Celery	120	85	65	50	180
Courgettes	140	125	105	90
Leeks	100	90	80	70	100
Lettuce	100	90	80	70	50
Onions	70	60	50	40	70
Scallions	90	80	70	60	60
Parsley	100	80	60	40	150
Parsnip	100	85	70	50	50
Peas (Market)	0	0	0	0
Rhubarb	100	90	80	70	200
Spinach	140	125	105	90	100
Swede (Horticultural)	70	45	25	0
Swede (Transplanted crops)	80	52	29	0

Table 19 Maximum fertilisation rates of phosphorus on vegetable crops

	Phosphorus Index	Phosphorus Index	Phosphorus Index	Phosphorus Index
Crop	1	2	3	4
	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1
Asparagus (Establishment)	40	25	15	10
Asparagus (Maintenance)	27	17	10	7
Broad Beans	60	45	35	20
French Beans	60	45	35	20
Beetroot	60	45	35	20
Brussels Sprouts	60	45	35	20
Spring Cabbage	60	45	35	20
Other Cabbage	60	45	35	20
Broccoli	60	45	35	20
Cauliflower (Winter and Spring)	60	45	35	20
Cauliflower (Autumn)	60	45	35	20
Carrots	60	45	35	20
Celery	88	65	55	28
Courgettes	60	45	35	20
Leeks	60	45	35	20
Lettuce	60	45	35	20
Onions	60	45	35	20
Scallions	60	45	35	20
Parsley	60	45	35	20
Parsnip	60	45	35	20
Peas (Market)	60	45	35	20
Rhubarb	60	45	35	20
Spinach	60	45	35	20
Swede	70	60	45	35

1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.

Table 20 Annual maximum fertilisation rates of nitrogen on fruit/soft fruit crops

	Available Nitrogen (kg/ha)
Apples (Dessert)	125
Apples (Culinary)	125
Pears	50
Cherries	70
Plums	70
Blackcurrants	80
Gooseberries	40
Raspberries	60
Strawberries	50
Redcurrants	60
Loganberries	50
Blackberries	50

Table 21 Annual maximum fertilisation rates of phosphorus on fruit/soft fruit crops

	Phosphorus Index	Phosphorus Index	Phosphorus Index	Phosphorus Index
	1	2	3	4
	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1	Available Phosphorus (kg/ha) 1
Apples (Desert)	25	16	12	8
Apples (Culinary)	20	12	10	8
Pears	16	8	4	0
Cherries	16	8	4	0
Plums	16	8	4	0
Blackcurrants	20	16	12	8
Gooseberries	20	16	12	8
Raspberries	20	16	12	8
Strawberries	16	8	4	0
Redcurrants	20	16	12	8
Loganberries	20	16	12	8
Blackberries	20	16	12	8

1 The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.

Article 34 (3)

Table 22 Phosphorus excess limits

Date	Total available phosphorus (kg/ha)
20 December 2010	Not applicable
1 January 2013	5
1 January 2015	3
1 January 2017	0

Articles 9, 10, 12, 16

SCHEDULE 3 STORAGE PERIODS FOR LIVESTOCK MANURE

(a)16 weeks in relation to holdings in counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow;

(b)18 weeks in relation to holdings in counties Clare, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Roscommon, Sligo and Westmeath;

(c)20 weeks in relation to holdings in counties Donegal and Leitrim, and

(d)22 weeks in relation to holdings in counties Cavan and Monaghan.

Articles 13, 17 and 19

SCHEDULE 4 PERIODS WHEN APPLICATION OF FERTILISERS TO LAND IS PROHIBITED

(a)15 September to 12 January in the case of the application of chemical fertiliser

(b)15 October to 12 January in the case of the application of organic fertiliser (other than farmyard manure)

(c)1 November to 12 January in the case of the application of farmyard manure.

(a)15 September to 15 January in the case of the application of chemical fertiliser

(b)15 October to 15 January in the case of the application of organic fertiliser (other than farmyard manure)

(c)1 November to 15 January in the case of the application of farmyard manure.

(a)15 September to 31 January in the case of the application of chemical fertiliser

(b)15 October to 31 January in the case of the application of organic fertiliser (other than farmyard manure)

(c)1 November to 31 January in the case of the application of farmyard manure.

Article 20

SCHEDULE 5 CONDITIONS APPLYING IN RELATION TO DEROGATION

The following are the conditions for the purposes of Article 20(4) 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

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

• (b) a calculation of manure nitrogen (less losses in housing and storage) and phosphorus produced on the holding;

• (c) the crop rotation and area of each crop, including a sketch map indicating location of individual fields;

• (d) the foreseeable nitrogen and phosphorus crop requirements;

• (e) the amount and the type of manure delivered outside the holding or to the holding;

• (f) the results of soil analysis related to nitrogen and phosphorus soil status if available;

• (g) nitrogen and phosphorus application from manure over each field (parcels of the holding homogeneous regarding cropping and soil type), and

• (h) application of nitrogen and phosphorus with chemical and other fertilisers over each field.

A plan in relation to the holding shall be revised no later than seven days following any changes in agricultural practice on the holding to ensure consistency between the plan and actual agricultural practice on the holding.

Land management

• (a) temporary grassland shall not be ploughed except in spring (i.e. from 1 February to 30 April);

• (b) ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand, and

• (c) 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 of cereal and pea mixtures undersown with grass).

Definitions

(a)“grassland holding” means a holding where 80% or more of the net area available for application of livestock manure is grass;

(b)“grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses, and

(c)“grass” means permanent grassland or temporary grassland (temporary implying leys of less than four years).

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

20 December 2010.

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

These Regulations revoke, and re-enact with amendments, the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2009. These Regulations come into effect on 20 December 2010.

These Regulations, which give effect to Irelands 2nd Nitrates Action Programme, provide statutory support for good agricultural practice to protect waters against pollution from agricultural sources and include measures such as-

• • periods when land application of fertilisers is prohibited

• • limits on the land application of fertilisers

• • storage requirements for livestock manure, and

• • monitoring of the effectiveness of the measures in terms of agricultural practice and impact on water quality.

The Regulations give further effect to several EU Directives including Directives in relation to protection of waters against pollution from agricultural sources ("the Nitrates Directive"), dangerous substances in water, waste management, protection of groundwater, public participation in policy development and water policy (the Water Framework Directive).

Footnotes