Publication
Nitrates Directive
From Department of Housing, Local Government and Heritage
Published on
Last updated on
From Department of Housing, Local Government and Heritage
Published on
Last updated on
The Nitrates Directive (91/676/EEC) has been in place since 1991. It aims to protect water quality from pollution by agricultural sources and to promote the use of good farming practice. All EU Member States are required to prepare National Nitrates Action Programmes (NAP) that outline the rules for the management and application of livestock manures and other fertilisers.
Ireland’s Nitrates Action Programme is designed to prevent pollution of surface waters and ground water from agricultural sources and to protect and improve water quality. Ireland’s fifth NAP came into operation in 2022with an interim review. Any additional measures identified from the review will be put in place in 2024.
Each Member State’s NAP must include:
Member States are also required to review their NAP at least every four years. Ireland’s current Action Programme will be reviewed during 2025 and a new NAP will be developed to be put in place from 1 January 2026.
The European Union (Good Agricultural Practice for Protection of Waters) Regulations commonly referred to as the “Nitrates Regulations” or “GAP Regulations” give legal effect to Ireland’s Nitrates Action Programme. The Regulations for the fifth Nitrates Action Programme are listed below.
Local Authorities are responsible for enforcing the Nitrates Regulations. Any perceived breaches within their area should be brought to their immediate attention. The Environmental Protection Agency are responsible for oversight and tracking of the local authority National Agricultural Inspection Programme.
Slurry cannot be spread on land from 1st October to January 12 / 15th / 31st (depending on which part of the country a farm is located). Closed periods are a feature of the Directive in all Member States. The closed periods in Ireland were decided following a period of extensive public consultation and were agreed with farming bodies and the European Commission.
All land spreading activity is conditional on weather and ground conditions being suitable. Livestock manures or any chemical fertilisers should not be applied to land when it is waterlogged, flooded or likely to flood, frozen or if heavy rain is forecasted.
In 2022, Ireland’s derogation was renewed to allow some intensive farmers a higher stocking rate of livestock manure, subject to them complying with stricter environmental rules that are overseen by the Department of Agriculture, Food and the Marine.
The derogation increases the application limit of 170kgN/ha of livestock manure to 250kgN/ha each year. The current derogation will run to the end of 2025, when the fifth programme concludes. However an interim review of water quality was undertaken in 2023. In water bodies where the assessment showed average water quality concentrations above a threshold of 50 mg/l NO3, or increasing trends, or eutrophic water bodies or water bodies that could become eutrophic, the derogation application limit of 250kgN/ha was reduced to 220kgN/ha in farms in these catchment areas from 1 January 2024.