THE EU NITRATES DIRECTIVE

NITRATES DIRECTIVE

The Nitrates Directive was implemented in 1991 with the objective of reducing water pollution caused by nitrates from agricultural sources. It imposes a limit on the amount of organic nitrogen (livestock manure) that can be applied to agricultural land per year at the rate of 170kgs/hectare. This equates to a stocking density of 2 cows to the acre. The majority of farmers (90%) can easily comply with this level however a small group of very large dairy farmers will not be in a position to meet this requirement (Source: Dept Agriculture). The Directive allows for a general limit of 210kgs/hectare for a transition period. From 1991 to 2003 the directive was ignored by Ireland for the most part. Under threat of Court action by the EU, the Government commenced the consultation process in December 2003.

In the Consultation document the following measures were proposed:

· Derogation to be applied for to spread up to 250kgs/hectare annually.
· Directive implemented on a national basis rather than designated Nitrate Vulnerable Zones.
· No slurry spreading between 1st October and 15th January
· No spreading within 10 meters of a watercourse
· No spreading within 20 meters of a lake or river
· No spreading within 50 meters of a well or drinking water source
· Slurry can not be stored within 50 meters of any water body.
· Slurry storage requirements to be 24 weeks North, 20 weeks Midlans and West and 16 weeks South and East.

We made a submission as follows:

· The directive be implemented on a farm by farm basis with the derogation to apply in limited non-pressure areas. Each farm should be assessed by a competent authority.
· No slurry spreading to take place in Nitrate Vulnerable Zones between 15th September and 28th February.
· No slurry spreading to take place within 48 hours of heavy rain/snow or frost forecasted.
· No spreading within 50 meters of a watercourse
· No spreading within 200 meters of a lake or river
· No spreading within 500 meters of a lake or river classed as euthrophic
· No spreading within 100 meters of a well or drinking water source
· Slurry can not be stored within 200 meters of any water body

On 9th July a further consultation document was circulated by the Government. It proposes the directive should now be introduced with the following conditions:

· Regulation to apply from October 2004
· All measures to be introduced on a phased basis over 4 years.
· The derogation of 250kgs/hectare to be applied for.
· Directive implemented on a national basis
· Slurry storage requirements to be 17 weeks Zone A (North) , 15 weeks Zone B (Midlands and West) and 12 weeks Zone C (South and East).
· No slurry spreading between 1st Nov and 31st Jan
· No spreading within 10 meters of a surface water body
· No spreading within 15 meters of exposed limestone
· No spreading within 50 meters of a borehole, spring or well.


Comment: Irrespective of the spreading rate proposed within the consultation document, of which much lobbying and discussion has taken place between Government, An Teagasc and the Irish Farmers Association, the issue regarding spreading practices particularly in relation to buffer zones would appear little more than a token gesture to satisfy the directive, rather than a meaningful precautionary measure designed to redress the current eutrophication problems being experienced throughout Ireland.

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