Farmers apply for nitrates derogation

The effect of nitrates banding on higher-yielding herds is evident in this year’s increase in derogation applications.

If the total nitrogen produced by all livestock on a holding, adjusted for livestock imports and exports, exceeds 170kg/ha/year, farmers can apply for derogation status.

Cow banding has pushed about 600 farmers into the derogation status that allows them to farm at higher stocking rates if they take extra steps to protect the environment.

If the total nitrogen produced by all livestock on a holding, adjusted for livestock imports and exports, exceeds 170kg/ha/year, farmers can apply for derogation status which enables them to operate between 170kg and 250kg of nitrogen per hectare.

Ireland applies to the European Commission every four years for this derogation, with approval dependent on water quality status. The current derogation will be reduced to a 220kg upper limit in some areas if water quality is found this year to have deteriorated locally.

More farmers have been pushed over 170kg by banding, which changes the previous calculation of all dairy cows being considered to produce 89kg of livestock manure nitrogen per head per year. However scientific research showed that higher milk-yielding cows excreted extra nitrogen. Therefore each dairy herd is now assigned to one of three bands.

Increase in applications

The effect of nitrates banding on higher-yielding herds is evident in this year’s increase in nitrates derogation applications from 6,726 to 7,304. The number of cattle involved increased from 1,800,755 to 1,958,584.

The county with the biggest increase in applications is Tipperary, where 98 more farmers applied in 2023 than in 2022. Next comes Cork with 94 extra applications. In third place is Wexford with 56, followed by Limerick with 38, and Kerry and Kilkenny with 36 each. 

At the other end of the scale, Carlow has four fewer applicants this year.

In his answer to a recent Dáil question from Sinn Féin Spokesperson on Agriculture Claire Kerrane, Agriculture Minister Charlie McConalogue confirmed that the increase in the numbers of farmers applying for a nitrates derogation in 2023 is primarily due to the changes in the calculation of dairy cow nutrient excretion rates applicable from January 2023.

He said processing of applications is ongoing, as are compliance checks for 2022 applicants.