European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th March, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 91/676/EEC of 12 December 19911 , Directive 2000/60/EC of 23 October 20002 , Directive 2003/35/EC of 26 May 20033 , Directive 2006/11/EC of 15 February 20064 , Directive 2006/118/EC of 12 December 20065 and Directive 2008/98/EC of 19 November 20086 hereby make the following regulations:

PART 1 PRELIMINARY

Citation, commencement and application

1. These Regulations may be cited as the European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018.

Interpretation

2. In these Regulations:

(i)“Commission Decision” means the Commission Implementing Decision of 8 February 2018 on granting a derogation requested by Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources;

(ii) “The 2017 Regulations” means the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2017 ( S.I. No. 605 of 2017 ).

Amendment of 2017 Regulations

3. The following Article 16 (3)(d) is substituted for Article 16 (3)(d) of the 2017 Regulations:

“An occupier of a holding located in an area where soils have an organic matter content of 20% and above, as defined on Teagasc-EPA Indicative Soils map, shall ensure that the soil test undertaken includes organic matter determination, subject to the provisions of paragraph (e). The phosphorus fertilisation rate for soils with more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.”

4. Article 16 (3) of the 2017 Regulations is amended by the insertion of the following after Article 16 (3)(d):

“(e) Soil organic matter determination, in accordance with paragraph (d), shall not be required where it is certified by a Farm Advisory System Advisor that soils on a holding/field in such areas are either mineral soils or organic soils.”

5. The following Article 16 (5)(a) is substituted for Article 16 (5)(a) of the 2017 Regulations:

“Soil analysis is carried out for soil phosphorus and soil organic matter contents; soil organic matter testing shall not be required where it is certified by a Farm Advisory System Advisor that the sample area is a mineral soil.”

6. The following Article 17 (2)(f) is substituted for Article 17 (2)(f) of the 2017 Regulations:

“subject to sub-article (12), 5m of any surface waters (other than a lake or surface waters specified at paragraph (a) or (b)), or”

7. The following Article 17 (14) is substituted for Article 17 (14) of the 2017 Regulations:

“Organic fertiliser shall not be held in a field at any time during the periods specified in Schedule 4 as applicable to that substance.”

8. The following Table 19 is substituted for Table 19 of the 2017 Regulations:

“Table 19 Maximum fertilisation rates of phosphorus on vegetable crops

Crop Phosphorus Index 1 2 3 4 Available Phosphorus (kg/ha)1 Asparagus (Establishment) 65 45 35 20 Asparagus (After harvest) 27 22 15 10 Broad Beans 65 45 35 20 French Beans 65 45 35 20 Beetroot 65 45 35 20 Brussels Sprouts 65 45 35 20 Spring Cabbage 65 45 35 20 Other Cabbage 65 45 35 20 Broccoli 65 45 35 20 Cauliflower (Winter and Spring) 65 45 35 20 Cauliflower (Summer and Autumn) 65 45 35 20 Carrots 65 45 35 20 Celery 88 65 55 28 Courgettes 65 45 35 20 Leeks 65 45 35 20 Lettuce 80 60 40 20 Onions 65 45 35 20 Scallions 65 45 35 20 Parsley 65 45 35 20 Parsnip 65 45 35 20 Peas (Market) 65 45 35 20 Rhubarb 65 45 35 20 Spinach 65 45 35 20 Swede (Horticultural) 70 60 45 35 Swede (Transplanted crops) 70 60 45 35

1The fertilisation rates for soils which have more than 20% organic matter shall not exceed the amounts permitted for Index 3 soils.”

9. The 2017 Regulations are amended by the insertion of the following after Part 6:

“Part 7

Implementation of Commission Decision

35. The Minister for Agriculture, Food and the Marine shall be the competent authority for the purposes of verifying compliance with a derogation granted under the Commission Decision.

36. (1) The application to land on a holding in any year of livestock manure in excess of the amount specified in Article 20(1) shall be deemed not to be a contravention of that sub-article where all of the following conditions are met—

(a) the occupier of the holding has made application in respect of that year to the Minister for Agriculture, Food and the Marine for authorisation of a derogation from the requirements of that sub-article;

(b) the application under paragraph (a) is duly completed in the form and on or before the date specified for the time being by that Minister;

(c) the application under paragraph (a) is accompanied by an undertaking in writing by the occupier to comply with all the conditions specified in Schedule 5, and

(d) all the conditions set out in Schedule 5 are met by the occupier in relation to the holding.

(2) Where an application is made to the Minister for Agriculture, Food and the Marine in accordance with this Article that Minister shall consider the application and, where that Minister considers...