Too much nitrogen on the land costs Cork farmer his annual single farm payment

A Co Cork farmer has lost his 2013 single farm payment and disadvantaged area payment due to exceeding nitrates limits on his land for a fourth consecutive year.

The Department of Agriculture’s records indicated that in 2013, the amount of nitrogen from livestock manure applied to land on the farm (including that deposited by animals), was 323 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for farmers with an approved derogation.

As similar breaches under the Nitrates Regulations had been identified within the previous three years, a final penalty of 100% was applied against the 2013 Direct Schemes payments, in accordance with rules for repeated cross-compliance breaches.

When Cork South West Labour TD Michael McCarthy sought information in the Dáil on the farmer’s case, Agriculture Simon Coveney said the farmer has appealed the 100% penalty to the independent Agriculture Appeals Office, and the appeal is currently being examined. .

The farmer was the subject of a nitrates inspection on April 3, 2014, by the Department of Agriculture, on behalf of the Department of Environment, Community and Local Government. This identified other non-compliances relating to having no eve chutes on sheds, leading to soiled water mixing with clean water, and inadequate collection of soiled water and slurry from open yards.

As similar breaches had been identified in the previous three years, the regulatory provisions required a penalty of 15% against the 2014 Direct Schemes payments.

The inspection also identified non-compliance with the Good Agricultural and Environmental Conditions requirements relating to poaching, due to cattle being out-wintered, resulting in a penalty of 3% against 2014 Direct Schemes payments. The overall penalty applied in respect of 2014 schemes was 15%.

EU Regulations governing payments under the Single Farm Payment and Disadvantaged Areas Schemes require that where overpayments are identified in respect of a scheme year for which payments have already issued, the over-payments must be recouped from any future year’s payments due to the applicant.

In this case, the 2013 overpayment under the Single Payment Scheme was deducted from the 2014 payment, resulting in no payment issuing in respect of 2014.

While the processing of the payment under the 2014 Disadvantaged Areas Scheme has not yet been finalised, the overpayment under the 2013 Scheme will be recouped from any payment due under the 2014 scheme.