Nitrates

Nitrates Directive (91/676/EEC)

Background

The Nitrates Directive is aimed at preventing and reducing water pollution by nitrates from agricultural sources. The Department of the Environment and the Department of Agriculture and Rural Development (the Departments) have joint statutory responsibility for implementation of the Directive.

The Directive allows Member States to either designate and apply action programmes to discrete areas of land known as Nitrate Vulnerable Zones (NVZs), or establish an action programme to be applied to the whole territory.  Action programmes require farmers to observe rules to reduce nutrient losses to water, with measures on storing manure and controls on the application of manure and chemical nitrogen fertiliser to land.  Such measures help to combat eutrophication, which is a major environmental threat to Northern Ireland’s waters.  Eutrophication is an excess of nutrients (nitrates and phosphorus) in the water which can lead to algal blooms (scums), over growth of weeds, deoxygenation, fish kills, higher water treatment costs and loss of biodiversity and amenity value. As eutrophication is recognised as a major problem, legislation covering all farms in Northern Ireland was considered the best option for local implementation of the Nitrates Directive.  The Departments’ aim is to fulfil the Directive’s environmental obligations while supporting a sustainable agriculture industry - one that can compete, make money and at the same time, maintain a healthy environment.

In Northern Ireland an action programme for the total territory was set out in the Nitrates Action Programme Regulations (Northern Ireland) 2006 (2006 NAP Regulations) and came into operation on 1 January 2007. More information on the development of the total territory approach and the 2006 action programme can be found here.

The Nitrates Directive requires Member States to review their action programmes every four years. The 2006 NAP Regulations were reviewed in 2009/2010 and replaced by the Nitrates Action Programme (Northern Ireland) 2010 (2010 NAP Regulations).  The 2010 NAP Regulations came into operation on 1 January 2011 and apply to all farm businesses in Northern Ireland. A copy of the Regulations can be accessed from the link below or may be obtained from TSO.

The Nitrates Action Programme Regulations (Northern Ireland) 2010 (227kb)

The Departments carried out a determination on whether a strategic environmental assessment (SEA) would be required in respect of the 2010 NAP Regulations. More information in relation to the statement of determination can be found here.

Derogation

Following a positive Member State vote at the EU Nitrates Committee on Northern Ireland's application to renew the derogation, the 2010 NAP Regulations also include measures to allow derogation from a limit of 170kg nitrogen per hectare per year from grazing livestock manures up to 250kg nitrogen per hectare per year for intensive grassland farms which meet certain criteria.

In accordance with the conditions of the derogation, Northern Ireland must send a report every year updating the Commission on water quality and evaluation of the implementation of the derogation conditions at farm level. More information on derogation including previous and current derogation reports can be viewed here.

Details on how farm businesses can apply to operate under a derogation can be found on the Northern Ireland Environment Agency website at the following link:

How to apply for a Derogation

Temporary provision for storage of poultry litter in field heaps

Following public consultation and discussion with the European Commission (the Commission) in 2010, the Nitrates Action Programme Regulations (Northern Ireland) 2010 (NAP Regulations) contained a temporary measure permitting field storage of poultry litter (subject to certain management criteria) until 30 September 2011. Amending Regulations extending the existing temporary measure until 31 March 2012 have now been made. The Departments consider this interim extension to be proportionate pending the Commission’s view of a research report on the effect of poultry litter field storage on water quality. The extension should provide clarity for both farmers and regulators and also assist famers in complying with the requirements of the NAP Regulations over the 2011-2012 closed period.

A copy of the Regulations can be accessed from the link below.

The Nitrates Action Programme (Amendment) Regulations (Northern Ireland) 2011

It is likely that further amending Regulations will be made in 2012 in regard to the storage of poultry litter for the remainder of the current action programme.