LegalizeS.I. No. 605/2017 - European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
6 amending acts · 2022-03-11, S.I. No. 113/2022 - European Union (Good Agricultural Practice for Protection of Waters) …
The provision of information by a local authority, the Agency or the Minister for Agriculture, Food and the Marine in accordance with Article 27, 29 or 30 of these Regulations shall not be a breach of the Data Protection Acts, 1988 and 2003.
Certificate in relation to nutrient content of fertiliser
(1) A certificate of the type specified in Article 15 or 20 may be issued by a competent authority where the authority is satisfied that the nutrient con-tent of the fertiliser in question has been assessed on the basis of appropriate methodologies based on net farm balance and is as specified in the certificate.
- (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, Food and the Marine 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
(1) A temporary exemption from a requirement of these Regulations may be granted to a person by the Agency or the Minister for Agriculture, Food and the Marine in the case of exceptional circumstances relating to 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, Food and the Marine 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
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 pig manure, and
- (b) the excess amount does not exceed the amounts specified in Schedule 2, Table 22 of these Regulations from the prescribed dates.
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, Food and the Marine for this purpose.
The analysis for phosphorus and, where appropriate, organic matter content and soil pH, 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.
Analysis of soil pH
Soil pH shall be determined by measuring pH in a soil:water suspension of 1:2 ratio. Place 10 ml of dried sieved soil and 20 mls of deionised water into a suitable container. Mix thoroughly and allow to stand for at least 10 minutes. Stir for 30 seconds, and allow to settle immediately before recording the pH on a meter calibrated using buffer solutions of pH 4.0 and 7.0
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 5 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 8
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 9
Table 5 Storage capacity required for effluent produced by ensiled forage
| Crop | 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 14 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 1 m3 = 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 mushroomcompost | 8 | 1.5 | |
| Sewage sludge | Sewage sludge | Total nitrogen and total phosphorus content per tonne shall be 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 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 otherproducts not listed above | Dairy processing residues and otherproducts not listed above | Total nitrogen and total phosphorus contentper tonne based on certified analysis shall be provided by the supplier. | Total nitrogen and total phosphorus contentper tonne based on certified analysis shall be provided by the supplier. |
Article 15
Table 9 Nutrient availability in fertilisers
| Fertiliser | Availability (%) | Availability (%) | Availability (%) |
| Nitrogen | Phosphorus | Phosphorus | |
| Soil Index 1& 2 | Soil Index 3 & 4 | ||
| Chemical | 100 | 100 | 100 |
| Pig and poultry manure | 50 | 50 | 100 |
| Farmyard manure | 30 | 50 | 100 |
| Spent mushroom compost | 20 | 50 | 100 |
| Cattle and other livestock manure (including that produced on the holding) | 40 | 50 | 100 |
Table 9A Nutrient availability in compost
| Compost C:N ratio1 | N availability (%) |
| <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, Food and the Marine
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 |
| Cereals Maize | 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 receivingmore than 200 kg/hanitrogen |
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 |
Table 12 Annual maximum fertilisation rates of nitrogen on grassland
| Grassland stocking rate1 | Available Nitrogen2 |
| (kg/ha/year) | (kg/ha) |
| ≤170 | 206 |
| Grassland stocking rate greater than 170 kg/ha/year3, 4 | Grassland stocking rate greater than 170 kg/ha/year3, 4 |
| 171-210 | 282 |
| 211-250 | 250 |
| >250 | 2505 |
1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the eligible 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 eligible 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 holding to which a derogation has been granted, in accordance with the Nitrates Directive).
4 From 1 January 2021 these fertilisation rates are only applicable where the fertiliser type specified by the Minister for Agriculture, Food and the Marine is used.
5 The application of nitrogen from livestock manure (including that deposited by the animals themselves) to the eligible grassland area shall not exceed 250 kg nitrogen per hectare per year.
Table 13A 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 | |
| <85 | 27 | 17 | 7 | 0 |
| 86-130 | 30 | 20 | 10 | 0 |
| 131-170 | 33 | 23 | 13 | 0 |
| Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 |
| 171-210 | 36 | 26 | 16 | 0 |
| 211-250 | 39 | 29 | 19 | 0 |
| >250 | 39 | 29 | 19 | 0 |
1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the eligible 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 eligible 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 holding to which a derogation has been granted in accordance with the Nitrates Directive).
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 13B Annual maximum fertilisation rates of phosphorus on grassland adopting increased P build-up application rates
| 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 | |
| 131-170 | 63 | 43 | 13 | 0 |
| Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 | Grassland stocking rate greater than 170 kg/ha/year4,5 |
| 171-210 | 66 | 46 | 16 | 0 |
| 211-250 | 69 | 49 | 19 | 0 |
| >250 | 69 | 49 | 19 | 0 |
1 Total annual nitrogen (kg) excreted by grazing livestock averaged over the eligible 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 eligible 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 holding to which a derogation has been granted in accordance with the Nitrates Directive).
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
| Phosphorus Index | Phosphorus Index | Phosphorus Index | Phosphorus Index | Phosphorus Index |
| 1 | 2 | 3 | 4 | |
| Available Phosphorus (kg/ha)1,2,3 | Available Phosphorus (kg/ha)1,2,3 | Available Phosphorus (kg/ha)1,2,3 | Available Phosphorus (kg/ha)1,2,3 | Available Phosphorus (kg/ha)1,2,3 |
| 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.
2 The fertilisation rates apply to grassland where there is no grazing livestock on the holding.
3 The fertilisation rates in this table apply to those areas of farms where hay or silage is produced for sale off the holding on farms stocked <85kg grassland stocking rate.
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 Wheat 1,2 | 210 | 180 | 120 | 80 |
| Spring Wheat 1,2 | 160 | 130 | 95 | 60 |
| Winter Barley 1 | 180 | 155 | 120 | 80 |
| Spring Barley 1,3 | 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, >120 days4 | 250 | 190 | 170 | 140 |
| Potatoes: Maincrop/seed, 90-120 days4 | 270 | 230 | 210 | 180 |
| Potatoes: Early, 60-90 days4 | 210 | 170 | 150 | 120 |
| Potatoes: Salad, <60 days4 | 140 | 120 | 100 | 60 |
| Maize | 180 | 140 | 110 | 75 |
| Field Peas/Beans | 0 | 0 | 0 | 0 |
| Oil Seed 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.
4 Length of growing season
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 2,3,5 | 45 | 35 | 25 | 0 |
| Spring Wheat 2,3 | 45 | 35 | 25 | 0 |
| Winter Barley 2,3,5 | 45 | 35 | 25 | 0 |
| Spring Barley 2,3 | 45 | 35 | 25 | 0 |
| Winter Oats 2,3,5 | 45 | 35 | 25 | 0 |
| Spring Oats 2,3 | 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/Salad | 125 | 115 | 100 | 85 |
| Maize | 70 | 50 | 40 | 204 |
| Field Peas | 40 | 25 | 20 | 0 |
| Field Beans | 50 | 40 | 20 | 0 |
| Oil Seed Rape | 55 | 45 | 35 | 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 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.
3 Where pH is greater than or equal to 7, 20kg P/ha may be applied on soils at phosphorus index 4.
4 Must be incorporated prior to or during sowing.
5 For winter cereals on soils of P index 1 and 2, 20 kg of the maximum P fertilisation rate may be applied up to 31st October, which must be incorporated prior to or during sowing.
Table 18 Maximum fertilisation rates of nitrogen on vegetable crops
| Crop | Nitrogen Index | Nitrogen Index | Nitrogen Index | Nitrogen Index | Maximum additionalsupplementation(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) | 0 | 0 | 0 | 0 | 70 |
| 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 | 115 | 100 | 90 | 120 |
| Cauliflower (Winter and Spring) | 75 | 50 | 25 | 0 | 150 |
| Cauliflower (Summer and Autumn) | 120 | 85 | 65 | 40 | 120 |
| Carrots | 90 | 70 | 40 | 0 | |
| Celery | 120 | 85 | 65 | 50 | 180 |
| Courgettes | 140 | 125 | 105 | 90 | |
| Leeks | 150 | 130 | 100 | 80 | 150 |
| 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 | 70 |
| Peas (Market) | 0 | 0 | 0 | 0 | |
| Rhubarb | 100 | 90 | 80 | 70 | 200 |
| Spinach | 140 | 125 | 105 | 90 | 100 |
| Swede (Horticultural) | 70 | 45 | 25 | 20 | 30 |
| Swede (Transplanted crops) | 90 | 60 | 30 | 0 |
Table 19 Maximum fertilisation rates of phosphorus on vegetable crops
| Crop | Nitrogen Index | Nitrogen Index | Nitrogen Index | Nitrogen 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 | |
| Asparagus (Establishment) | 65 | 45 | 35 | 20 |
| Asparagus (After harvest) | 27 | 22 | 15 | 10 |
| Broad Beans | 65 | 45 | 35 | 20 |
| French Beans | 65 | 45 | 35 | 20 |
| Beetroot | 65 | 45 | 35 | 20 |
| Brussels Sprouts | 65 | 45 | 35 | 20 |
| Spring Cabbage | 65 | 45 | 35 | 20 |
| Other Cabbage | 65 | 45 | 35 | 20 |
| Broccoli | 65 | 45 | 35 | 20 |
| Cauliflower (Winter and Spring) | 65 | 45 | 35 | 20 |
| Cauliflower (Summer and Autumn) | 65 | 45 | 35 | 20 |
| Carrots | 65 | 45 | 35 | 20 |
| Celery | 88 | 65 | 55 | 28 |
| Courgettes | 65 | 45 | 35 | 20 |
| Leeks | 65 | 45 | 35 | 20 |
| Lettuce | 80 | 60 | 40 | 20 |
| Onions | 65 | 45 | 35 | 20 |
| Scallions | 65 | 45 | 35 | 20 |
| Parsley | 65 | 45 | 35 | 20 |
| Parsnip | 65 | 45 | 35 | 20 |
| Peas (Market) | 65 | 45 | 35 | 20 |
| Rhubarb | 65 | 45 | 35 | 20 |
| Spinach | 65 | 45 | 35 | 20 |
| Swede (Horticultural) | 70 | 60 | 45 | 35 |
| Swede (Transplanted crops) | 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 | 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 | Available Phosphorus (kg/ha)1 |
| Apples (Dessert) | 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.
Table 22 Phosphorus excess limits Article 34
| Date | Total available phosphorus (kg/ha) |
| 1 January 2017 | 3 |
| 1 January 2018 | 3 |
| 1 January 2019 | 2 |
| 1 January 2020 | 1 |
| I January 2021 | 0 |
SCHEDULE 3
Articles 10, 11, 13 and 16
STORAGE PERIODS FOR LIVESTOCK MANURE
The storage period specified for the purposes of Articles 10(2), 11(2), 13 and 16(5)(b) is—
- (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.
Where 20% or more of a holding lies within one or more counties of higher storage requirement as specified in paragraph 1, the holding shall be deemed for the purposes of this Schedule to lie wholly within the county in relation to which the longest storage period is specified.
SCHEDULE 4
Articles 14, 17 and 19
PERIODS WHEN APPLICATION OF FERTILISERS TO LAND IS PROHIBITED
In counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Offaly, Tipperary, Waterford, Wexford and Wicklow, the period during which the application of fertilisers to land is prohibited in the period from—
(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.
In counties Clare, Galway, Kerry, Limerick, Longford, Louth, Mayo, Meath, Roscommon, Sligo and Westmeath, the period during which the application of fertilisers to land is prohibited is the period from—
(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.
In counties Cavan, Donegal, Leitrim and Monaghan, the period during which the application of fertilisers to land is prohibited is the period from—
- (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.
GIVEN under the Official Seal of the Minister for Housing, Planning and Local Government,
20 December 2017.
EOGHAN MURPHY,
Minister for Housing, Planning 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 the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2014.
These Regulations, which give effect to Irelands 4th 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
O.J. No. L 375/1, 31 December 1991.
O.J. No. L 327/1, 22 December 2000.
O.J. No. L 156/17, 25 June 2003.
O.J. No. L 64/52, 4 March 2006.
O.J. No. L 372/19, 27 December 2006.
O.J. No. L 312/3, 22 November 2008.
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