LegalizeS.I. No. 113/2022 - European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022
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 · 2025-12-12, S.I. No. 588/2025 - European Union (Good Agricultural Practice for Protection of Waters) …
- (3) The Minister shall ensure that all interested parties are given early and effective opportunities to participate in the preparation, review and revision of an action programme required by this Article and for this purpose shall—
- (a) inform interested parties by public notices or other appropriate means including electronic media, in relation to any proposals for the preparation, review or revision of an action programme,
- (b) make available to interested parties information in relation to the proposals referred to in paragraph (a) including information about the right to participate in decision-making in relation to those proposals,
- (c) provide an opportunity for comment by interested parties before any decision is made on the establishment, review or revision of an action programme,
- (d) in making any such decision, take due account of the comments made by interested parties and the results of the public participation, and
- (e) having examined any comments made by interested parties, make reasonable efforts to inform those parties of the decisions taken and the reasons and considerations on which those decisions are based, including information on the public participation process.
- (4) The Minister shall ensure that such reasonable time is allowed as is sufficient to enable interested parties to participate effectively.
- (5) Where the Minister publishes any information in accordance with this Article, the Minister shall—
- (a) do so in such manner as the Minister considers appropriate for the purpose of bringing that information to the attention of the public, and
- (b) make copies of that information accessible to interested parties free of charge through a website or otherwise.
- (6) The Minister shall specify by way of public notice on a website or otherwise the detailed arrangements made to enable public participation in the preparation, review or revision of an action programme, including—
- (a) the address to which comments in relation to those proposals may be submitted, and
- (b) the date by which such comments should be received.
- (7) In this Article “interested parties” includes persons who—
- (a) are carrying on any business which relies upon the water environment or which is affected, or likely to be affected, by the action programme, or
- (b) are carrying on any activities which have or are likely to have an impact on water status, or
- (c) have an interest in the protection of the water environment whether as users of the water environment or otherwise.
Agency
(1) The Agency shall prepare at four-yearly intervals a report in accordance with Article 10 of the Nitrates Directive and shall submit such report to the Minister.
- (2) The Agency shall undertake a review of progress made in implementing these Regulations and shall submit a report to the Minister by 30^th June 2025 and every four years thereafter with the results of that review and with recommendations as to such additional measures, if any, as appear to be necessary to prevent and reduce water pollution from agricultural sources.
- (3) In preparing the reports required under sub-articles (1) and (2) the Agency shall consult with the Department of Agriculture, Food and the Marine and the co-ordinating local authority in each river basin district, and such other persons as it considers appropriate.
- (4) The Department of Agriculture, Food and the Marine, the relevant local authorities and Irish Water shall provide the Agency with such information appropriate to their functions as may be requested by the Agency for the purposes of these Regulations.
- (5) Each monitoring programme prepared by the Agency for the purposes of Article 10 of European Communities (Water Policy) Regulations, 2003 ( S.I. No. 722 of 2003 ) shall include provision for such monitoring as is necessary for the purposes of these Regulations.
- (6) The Agency shall make recommendations and shall, where considered necessary, give directions to each local authority in relation to the monitoring and inspections to be carried out, or other measures to be taken, by the authority for the purposes of these Regulations. The Agency may revise such recommendations and directions at such times thereafter as the Agency considers appropriate.
- (7) The powers, duties and functions assigned to the Agency by these Regulations are additional to, and not in substitution for, the powers, duties and functions assigned to the Agency by section 63 of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) or any other statute.
Local authorities
(1) A local authority shall carry out, or cause to be carried out, such monitoring of surface waters and groundwater at selected measuring points within its functional area as makes it possible to establish the extent of pollution in the waters from agricultural sources and to determine trends in the occurrence and extent of such pollution.
- (2) A local authority shall carry out or cause to be carried out such inspections of farm holdings as is necessary for the purposes of these Regulations and shall aim to co-ordinate its inspection activities with inspections carried out by other public authorities.
- (3) For the purposes of sub-article (2) a local authority shall aim to develop co-ordination arrangements with other public authorities with a view to promoting consistency of approach in inspection procedures and administrative efficiencies between public authorities and to avoid any unnecessary duplication of administrative procedures and shall have regard to any inspection protocol which may be developed by the Minister, following consultation with the Minister for Agriculture, Food and the Marine.
- (4) A local authority shall, in the exercise of its functions for the purposes of these Regulations—
- (a) consult to such extent as it considers appropriate with the Minister, the Minister for Agriculture, Food and the Marine, the Agency, Irish Water and such other persons as it considers appropriate, and
- (b) have full regard to any recommendations made, and comply with any direction given, to the authority by the Agency in accordance with Article 29.
- (5) A local authority shall follow any protocol established by the Minister for furnishing a report of an inspection or inspections to the Department of Agriculture, Food and the Marine and such other persons as it considers appropriate for the purposes of these Regulations where non-compliance has been detected.
- (6) A local authority shall maintain a register of all prior investigations carried out by the local authority itself or by Irish Water within its jurisdiction, and distances specified, for the purposes of Article 17.
Compliance with Data Protection Acts
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, 2003 and 2018.
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 content 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 the person carrying out the research 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.
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. A review of this soil test methodology for phosphorus availability will be undertaken for the mid-term review of this programme.
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
SCHEDULE 2
Article 8
CRITERIA AS TO STORAGE CAPACITY AND NUTRIENT MANAGEMENT
Table 1 Slurry storage capacity required for sows and pigs
| Unit type | m3/week7 | m3/week7 | m3/week7 | m3/week7 | m3/week7 |
| 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 |
Table 2 Slurry storage capacity required for cattle, sheep and poultry
| Livestock type | m3/week8 |
| 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 |
Table 3 Storage capacity required for dungstead manure
| Livestock type | Solid fraction (m3/week) | Seepage fraction (m3 /week)9 |
| 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 |
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 Storage10 | Full Storage | |
| Grass | 7 | 21 |
| Arable silage | 7 | 21 |
| Maize | 4 | 10 |
| Sugar beet tops | 15 | 50 |
Article 14 and 20
Table 6 Annual nutrient excretion rates for livestock
| Livestock type | Total Nitrogen | Total Phosphorus |
| kg/year | kg/year | |
| Dairy cow7 (2022 only) | 89 | 13 |
| Dairy cow band 18 (from 2023) | 80 | 12 |
| Dairy cow band 29 (from 2023) | 92 | 13.6 |
| Dairy cow band 310 (from 2023) | 106 | 15.8 |
| 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 | 2.4 | 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 = 1000 kg.
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 | 28.0 | 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 | 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 and this must be submitted to the local authority. | 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 and this must be submitted to the local authority. |
| 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 | 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 ratio15 | N availability (%) |
| <10 | 25 |
| 12.5 | 17.5 |
| 15.0 | 10 |
| 17.5 | 5.5 |
| >20 | 0.0 |
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 | |||
| 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 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 |
Table 12 Annual maximum fertilisation rates of nitrogen on grassland
| Grassland stocking rate16 | Available Nitrogen17 |
| (kg/ha/year) | (kg/ha) |
| ≤130 | 114 |
| 131-170 | 185 |
| Grassland stocking rate greater than 170 kg/ha/year18 , 19 | Grassland stocking rate greater than 170 kg/ha/year18 , 19 |
| 171-210 | 254 |
| 211-250 | 225 |
| >250 | 22520 |
Table 13A Annual maximum fertilisation rates of phosphorus on grassland
| Grassland stocking rate21 (kg/ha/year) | Phosphorus Index | Phosphorus Index | Phosphorus Index | Phosphorus Index |
| 1 | 2 | 3 | 4 | |
| Available Phosphorus (kg/ha) 22 ,23 ,24 | Available Phosphorus (kg/ha) 22 ,23 ,24 | Available Phosphorus (kg/ha) 22 ,23 ,24 | Available Phosphorus (kg/ha) 22 ,23 ,24 | |
| <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/year25 ,26 | Grassland stocking rate greater than 170 kg/ha/year25 ,26 | Grassland stocking rate greater than 170 kg/ha/year25 ,26 | Grassland stocking rate greater than 170 kg/ha/year25 ,26 | Grassland stocking rate greater than 170 kg/ha/year25 ,26 |
| 171-210 | 36 | 26 | 16 | 0 |
| 211-250 | 39 | 29 | 19 | 0 |
| >250 | 39 | 29 | 19 | 0 |
Table 13B Annual maximum fertilisation rates of phosphorus on grassland adopting increased P build-up application rates
| Grassland stocking rate27 (kg/ha/year) | Phosphorus Index | Phosphorus Index | Phosphorus Index | Phosphorus Index |
| 1 | 2 | 3 | 4 | |
| Available Phosphorus (kg/ha) 28 ,29 ,30 | Available Phosphorus (kg/ha) 28 ,29 ,30 | Available Phosphorus (kg/ha) 28 ,29 ,30 | Available Phosphorus (kg/ha) 28 ,29 ,30 | |
| 131-170 | 63 | 43 | 13 | 0 |
| Grassland stocking rate greater than 170 kg/ha/year31 ,32 | Grassland stocking rate greater than 170 kg/ha/year31 ,32 | Grassland stocking rate greater than 170 kg/ha/year31 ,32 | Grassland stocking rate greater than 170 kg/ha/year31 ,32 | Grassland stocking rate greater than 170 kg/ha/year31 ,32 |
| 171-210 | 66 | 46 | 16 | 0 |
| 211-250 | 69 | 49 | 19 | 0 |
| >250 | 69 | 49 | 19 | 0 |
Table 14 Annual maximum fertilisation rates of available nitrogen on grassland (cut only, no grazing livestock on holding)
| Available nitrogen (kg/ha) | |
| 1st cut | 112 |
| Subsequent cuts | 90 |
| Hay | 72 |
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)33 ,34 ,35 | Available Phosphorus (kg/ha)33 ,34 ,35 | Available Phosphorus (kg/ha)33 ,34 ,35 | Available Phosphorus (kg/ha)33 ,34 ,35 | Available Phosphorus (kg/ha)33 ,34 ,35 |
| First cut | 40 | 30 | 20 | 0 |
| Subsequent cuts | 10 | 10 | 10 | 0 |
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 36 ,37 | 210 | 180 | 120 | 80 |
| Spring Wheat 38 ,39 | 160 | 130 | 95 | 60 |
| Winter Barley40 | 180 | 155 | 120 | 80 |
| Spring Barley 41 ,42 | 135 | 100 | 75 | 40 |
| Winter Oats43 | 145 | 120 | 85 | 45 |
| Spring Oats44 | 110 | 90 | 60 | 30 |
| Sugar Beet | 195 | 155 | 120 | 80 |
| Fodder Beet | 195 | 155 | 120 | 80 |
| Potatoes: Main Crop, >120 days45 | 250 | 190 | 170 | 140 |
| Potatoes: Maincrop/seed, 90-120 days46 | 270 | 230 | 210 | 180 |
| Potatoes: Early, 60-90 days47 | 210 | 170 | 150 | 120 |
| Potatoes: Salad, <60 days48 | 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 |
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)49 | Available Phosphorus (kg/ha)49 | Available Phosphorus (kg/ha)49 | Available Phosphorus (kg/ha)49 | |
| Winter Wheat 50 ,51 ,52 | 45 | 35 | 25 | 0 |
| Spring Wheat 53 ,54 | 45 | 35 | 25 | 0 |
| Winter Barley 55 ,56 ,57 | 45 | 35 | 25 | 0 |
| Spring Barley 58 ,59 | 45 | 35 | 25 | 0 |
| Winter Oats60 ,61 ,62 | 45 | 35 | 25 | 0 |
| Spring Oats63 ,64 | 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 | 2065 |
| 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 |
Table 18 Maximum fertilisation rates of nitrogen on vegetable crops
| Crop | Nitrogen Index | Nitrogen Index | Nitrogen Index | Nitrogen Index | Maximum additional supplementation (Top dressing) |
| 1 | 2 | 3 | 4 | ||
| 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 | Phosphorus Index | Phosphorus Index | Phosphorus Index | Phosphorus Index |
| 1 | 2 | 3 | 4 | |
| Available Phosphorus (kg/ha)66 | Available Phosphorus (kg/ha)66 | Available Phosphorus (kg/ha)66 | Available Phosphorus (kg/ha)66 | |
| 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 |
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
| Index | Phosphorus | Phosphorus | Phosphorus | Phosphorus |
| 1 | 2 | 3 | 4 | |
| Phosphorus (kg/ha)67 | Available | Available | Available | Available |
| 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 |
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.
1.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^th September to 26^th January in the case of the application of chemical fertiliser and not withstanding sub-paragraph (4)
- (b) 8^th October11 to 12^th January in the case of the application of organic fertiliser (other than farmyard manure) and not withstanding sub-paragraph (5)
- (c) 1^st November to 12^th 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^th September to 29^th January in the case of the application of chemical fertiliser and not withstanding sub paragraph (4)
- (b) 8^th October6 to 15^th January in the case of the application of organic fertiliser (other than farmyard manure) and not withstanding sub-paragraph (5)
- (c) 1^st November to 15th 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^th September to 14th February in the case of the application of chemical fertiliser and not withstanding sub-paragraph (4)
- (b) 8^th October6 to 31^st January in the case of the application of organic fertiliser (other than farmyard manure) and not withstanding sub-paragraph (5)
- (c) 1^st November to 31^st January in the case of the application of farmyard manure.
In relation to the prohibited periods for spreading chemical fertiliser, the Minister shall by 1^st September 2022, following consultation with the Minister for Agriculture, Food and the Marine, publish criteria for the application of slurry from the 15^th January. The spreading of all chemical fertiliser shall be in accordance with these criteria from the 15^th January.
In relation to the commencement of the closed period for slurry application, the Minister shall by 1^st September 2022, following consultation with the Minister for Agriculture, Food and the Marine, publish criteria for the application of slurry from 1^st October to the 15^th October. The spreading of all slurry shall be in accordance with these criteria from the 8^th October to the 15^th October 2022 and from 1^st October to the 15^th October in subsequent years.
GIVEN under my Official Seal,
9 March, 2022.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations, which give effect to Ireland’s Fifth 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 European 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).
The Regulations revoke the European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2017 and other subsequent amending regulations.
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.
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.
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.
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.
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.
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.
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 372/19, 27 December 2006.
O.J. No. L 312/3, 22 November 2008.
Holdings that produce milk during the winter and hold a winter/liquid milk contract with their milk processor.
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.
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.
Allowance must also be made for net rainfall during the specified storage period for uncovered tanks.
Only permitted where a vacuum tanker or an irrigation system is available on the holding.
In 2022 the N excretion rate for the dairy cow is 89 kg N/ha and from 2023 onwards the N excretion rate will be determined by the milk yield per annum (for the 3 preceding years) as explained in footnote 8, 9 and 10
<4,500 kg milk yield per annum
4,501 – 6,500 kg milk yield per annum
6,500 kg milk yield per annum
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
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.
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. Where a derogation applies on the holding derogation rates apply based on stocking rate of the holding. For a new derogation applicant they may apply the derogation rate of 225 kg/ha for the 1^st year only and from year 2 onwards must use rates as per stocking rate on the holding.
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 170 kg nitrogen per hectare per year, including that deposited by the animals themselves (or 250 kg in the case of a holding to which a derogation has been granted, in accordance with the Nitrates Directive).
these fertilisation rates are only applicable where the fertiliser type specified by the Minister for Agriculture, Food and the Marine is used.
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.
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.
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils, subject to the provisions in Article 16(3)(f).
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.
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.
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.
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 170 kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250 kg in the case of a holding to which a derogation has been granted in accordance with the Nitrates Directive).
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.
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils, subject to the provisions in Article 16(3)(f)..
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.
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.
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.
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 170 kg Nitrogen per hectare per year, including that deposited by the animals themselves (or 250 kg in the case of a holding to which a derogation has been granted in accordance with the Nitrates Directive).
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils, subject to the provisions in Article 16(3)(f).
The fertilisation rates apply to grassland where there is no grazing livestock on the holding.
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 <85 kg grassland stocking rate.
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
Where milling wheat is grown under a contract to a purchaser of milling wheat, an extra 30 kg N/ha may be applied.
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
Where milling wheat is grown under a contract to a purchaser of milling wheat, an extra 30 kg N/ha may be applied.
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
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.
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
Where proof of higher yields is available, an additional 20 kg N/ha may be applied for each additional tonne above the following yields:
Length of growing season
Length of growing season
Length of growing season
Length of growing season
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
For winter cereals on soils of P index 1 and 2, 20 kg of the maximum P fertilisation rate may be applied up to 31^st October, which must be incorporated prior to or during sowing.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
For winter cereals on soils of P index 1 and 2, 20 kg of the maximum P fertilisation rate may be applied up to 31^st October, which must be incorporated prior to or during sowing.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
For winter cereals on soils of P index 1 and 2, 20 kg of the maximum P fertilisation rate may be applied up to 31^st October, which must be incorporated prior to or during sowing.
Where proof of higher yields is available, an additional 3.8 kg 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.
Where pH is greater than or equal to 7, 20 kg P/ha may be applied on soils at phosphorus index 4.
Must be incorporated prior to or during sowing.
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.
From 1st January 2023 the date for beginning of prohibited period will be 1st October
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