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Press release

Ministers agree flexibility regarding shallow cultivation dates

In recognition of the recent unseasonably wet period of weather, Darragh O’Brien, Minister for Housing, Local Government and Heritage, in consultation with Charlie McConalogue, Minister for Agriculture, Food and the Marine, has agreed to allow an extended period of time for farmers to complete the shallow cultivation measure required post-harvest of certain tillage crops. This decision has been made in accordance with the provisions set out in Article 21 (7) of SI No. 113 of 2022 (as amended).

The current 14-day period to complete the shallow cultivation measure has been extended to 28 days for crops that are harvested up to 4 August. Where shallow cultivation is required on this land, it must be done by 1 September.

Announcing the decision Minister O’Brien stated:

“I recognise recent weather conditions have made it particularly difficult for many farmers to harvest crops and clear straw to allow shallow cultivation take place.”

Since mid-July it has been exceptionally wet in many places as evidenced by Met Eireann data which shows over the 7 days to 27 July rainfall in some cases has been in excess of 300% of the 30-year mean. Looking to the forecast, Met Eireann states the national outlook is “Remaining unsettled into next week with further outbreaks of rain or showers expected".

Commenting on the flexibility, Minister McConalogue stated:

“Some early crops of winter barley were successfully harvested with shallow cultivation completed, however for more recently harvested crops that are many instances where straw is already lying on the ground for over 14 days as it has not been dry enough to bale. When weather conditions improve this straw will have to be “tedded out” to dry before being raked up again to facilitate baling. In difficult weather conditions tillage farmers have to prioritise trying to save their grain to avoid further loses. I recognise harvesting grain must be the priority ahead of clearing straw; the flexibility agreed by my colleague, Minister O’Brien will allow this.”

There is already flexibility for farmers in the rules around shallow cultivation of land post-harvest. Thes flexibilities include an exemption for all land where a winter cereal crop, oilseed rape or beans is due to be sown by 31 October. In addition, to avoid unduly impacting the source of food for seed eating birds, there is a requirement not to conduct shallow cultivation post-harvest on 20% to 25% of the total cereal land area on each holding.

Minister McConalogue pointed out:

“These flexibilities cover a very significant majority of the land already harvested/being harvested at present. However this situation will quickly change as the Spring Barley harvest commences.”

Minister McConalogue concluded by saying he and Minister O’Brien agreed the situation should be reviewed again in a week’s time and a further extension may be considered at that stage if necessary.


Notes

Shallow cultivation by 1 September should still allow establishment of an appropriate level of green cover to take up nutrients remaining in the soil post-harvest thereby reducing the risk to water quality.

The Good Agricultural Practice for the Protection of Waters Regulations (SI No. 113 of 2022 as amended) state, “In counties Carlow, Cork, Dublin, Kildare, Kilkenny, Laois, Louth, Meath, Offaly, Tipperary, Waterford, Westmeath, Wexford and Wicklow shallow cultivation or sowing of a crop must take place within 10 days of baling of straw post harvest.

Where straw is chopped shallow cultivation or sowing a crop must take place within 10 days of harvest. In all circumstances, shallow cultivation or sowing of a crop must take place within 14 days of harvesting. In certain weather conditions, the Minister, in discussion with the Minister for Agriculture, Food and the Marine, may advise when this should not apply.

The regulations also state, “A minimum of 20% and a maximum of 25% of cereal land on each holding shall not be subject to shallow cultivation post-harvest. Unless a crop has subsequently been established, this land shall not be subject to the use of any herbicides until at least 1 February in the following year. If the cereal area includes land where water flowing over the land surface can enter a watercourse this area should be prioritised for inclusion within the cereal area that is not subject to shallow cultivation post-harvest.”

The Regulations also state the requirements to conduct shallow cultivation of sowing of a crop as set out above “shall not apply in the following cases:

1. Where the farmer is certified in accordance with Regulation (EU) 2018/848.

2. Where root crops or late harvested crops have been harvested.

3. Where a cereal crop or beans have been harvested after 15 September or where a cereal crop has been undersown with another crop.

4. Where a winter cereal crop, oilseed rape or beans is due to be sown on the land by 31 October.

Where the land is destined for use by the National Ploughing Association later that year or in the first two months of the following year and the farmer has documentary evidence to support this.”