Fertiliser Controls under Cross Compliance Dr Al Grogan Fertiliser Association of Ireland Meeting 6 th Feb 2007

Fertiliser Controls under Cross Compliance

Dr Al Grogan

Fertiliser Association of Ireland Meeting6th Feb 2007

2INTEGRATED CONTROLS DIVISION

OVERVIEW• Reform of CAP• Cross Compliance Requirements• Managing Fertilisers and nutrients

– Organic– Chemical

• Nitrogen• Phosphorus• Records• Inspections


CAP Reform

A farmer is now free to engage in an Agricultural production activity or not as he pleases and receive the single payment.

• Agricultural activity includes the production, rearing or growing of agricultural products

• A farmer may choose not to produce anything• but is obliged either way to maintain lands

– in Good Agricultural and Environmental Conditions (GAEC)GAEC) and

– Comply with all Statutory Management Requirements (SMRsSMRs) applying to him


Reformed CAP

Full decoupling introduced

Series of reforms…ID checks in place for some time but Cross Compliance type checks first introduced with GFP in 2000

Coupled schemes had compliance requirements mainly in the identification area and GFP

Decoupled Payments introduced the Cross Compliance requirements of GAEC and SMR’s (Statutory Management Requirements)


Cross Compliance The 19 Community legislative acts categorised into 3

Areas and the GAEC from the implementing legislation entail Cross Compliance

EnvironmentEnvironment

• 5 directives on environment – Wild Birds, Habitats, Groundwater, Sewage Sludge and Nitrates

Public, animal and plant healthPublic, animal and plant health • 4 Directives/Regulations on the identification and

registration of animals • 7 Directives on public, animal and plant health WelfareWelfare

• 3 Directives on animal welfare (2007)GAECGAEC

• 19 Standards

RETURN


Commission Line

• “Farmers are not paid to respect environmental and other legislation but if they don’t respect that part encompassed through cross compliance they render themselves subject to reduction of direct payments”


Fertilisers

Impact particularly under the SMR’s relating to:

– Groundwater,

– Sewage Sludge,

– Nitrates


Fertiliser Controls under the Nitrates Directive

• Impacts on Nitrogen and Phosphorus from organic and chemical sources– Farmyard

•Collect all organic fertilisers produced in buildings or yards (livestock manure, soiled water, FYM etc.)

•Ensure that storage facilities are free of structural defects

•Provide Adequate capacity for the zone


Managing fertilisers and nutrients

Application limit of 170 kg N/ha/yr from livestock manure (e.g. 2 dairy cows/ha/year)

• DAF will provide a Nitrogen and Phosphorus Statement for cattle using CMMS for the previous calendar year. The N and P from other livestock/sources on the farm must be added to this

• Total nitrogen produced by livestock divided by net area of the holding (from SPS) is used to determine compliance with the 170 Kg limit



Derogation Option:Available up to 250 kg N/ha/yr

Applicable to holdings with at least 80% grass

Annual application to Competent Authority

Must comply with additional requirements



Additional Derogation Requirements:

Fertilisation Plan

Fertilisation Accounts

Soil Testing (N and P)

Additional land management

requirements

Additional monitoring and controls

required



• Buffer zones and weather and soil conditions to be respected

• An occupier of a holding shall take all such reasonable steps are necessary for the purpose of preventing or minimising the application to land of fertilisers in excess of crop requirements

• Fertilisation rates in the Regulations must not be exceeded

• Must assume Phosphorus Index 3 unless a soil test shows otherwise

• In the case of grazing livestock must take account of:

– N and P in livestock manures over storage period– P in concentrates fed to grazing livestock


N Fertilisation Rates

<170>170-210>210-250

Max Fertilisation Rate of Available N on Grassland

Grassland Stocking Rate kg/ha Available N (kg/ha)

306279

226


What impacts on application rates of available nitrogen

The annual Maximum Available Nitrogen on Grassland from chemical fertiliser and other non livestock fertilisers is determined by stocking rate band and the county zone

Grassland Stocking Rate

kg / ha A B C1 C2 A B C1 C2<170 210 208 206 204 205 203 200 197

>170-210 287 284 282 279 280 277 274 271>210-250 256 253 250 247 248 245 241 237

Fertiliser N in 2007 by Zone Fertiliser N in 2010 by Zone


What influences maximum application rates

They will be reduce somewhat as the higher N

efficiency rates apply between now and 2010How are the limits arrived at:

• Determined by Grassland stocking rate and the storage zone applicable and

• The appropriate N efficiency factor

4.35.3.*)52/22201816*(279* orororororalsNfromGAnimndAREANetGrasslaN




Nutrient Availability

Fertiliser Availability1 (%)

NItrogen Phosphorus

From Jan 1 2007

From Jan 1 2008

From Jan 1 2010

From Jan 1 2007

Chemical 100 100 100 100

Pig and poultry manure 35 40 50 100

Farmyard manure 20 25 30 100

Spent mushroom compost 35 40 45 100

Cattle and other livestock manure (including that produced on the holding)

30 35 40 100

1Refers to the year of application


2007 T0 2010 Nitrogen Limit Changes (kg/ha)

190200210220230240250260270280290

A B C1 C2<170 170-210 210-250

190200210220230240250260270280290

A B C1 C2


What impacts on application rates of available nitrogen

Grassland stocking rates can increase above the 170 value where at least 5% of farm is arable

GRASSLAND STOCKING RATE & % GRASSLAND

170180190200210220230240250260

68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95

% OF FARM IN GRASSLAND

GR

AS

SL

AN

D S

R


Controls for Tillage CropsNitrogen Index status determines the Max

level of N that can be used

Nitrogen Index is determined by the previous cropping history (available from the historic area aid and SFP applications)

Where a second crop is planted such as Kale this will be taken into account based on records provided

Additional N may be applied to higher yielding cereal crops (based on historic yields). Evidence will need to be provided


Sample of Maximum N fertiliser rates

Crop Nitrogen Index

1 2 3 4

Available Nitrogen (kg/ha)Winter Wheat1 190 140 100 60Spring Wheat1 140 110 75 40Winter Barley1 160 135 100 60Spring Barley1 135 100 75 40Oats (Spring) 110 90 60 30Sugar Beet 195 155 120 80Fodder Beet 195 155 120 80Potatoes: Main crop 170 145 120 95Potatoes: Early 155 130 105 80Potatoes: Seed 155 130 105 80


Maximum Fertilising Rates of Phosphorus on Grassland determined

by P Index and SR

Grassland Stocking Rate

kg / ha 1 2 3 4<130 35 25 15 0

>130-170 39 29 19 0>170-210 44 34 24 0>210-250 49 39 29 0

Phosphorus Index


Maximum Fertilising Rates of Phosphorus on Grassland determined

by P Index and SR

0

10

20

30

40

50

Kg P

1 2 3 4

Phosphorus Index<130 >130-170

>170-210 >210-250


• Determine the P allowed on the farm based on– plot area and – P index and – in the case of grassland stocking

rate– Max fert rates appropriate to

grassland and the other crops• Adjust for p in stored livestock

manure and p in concentrates fed to grazing animals

Phosphorus Controls


Controls …. records

Total area of the holding

• Net area of the holding

• Crop areas

• Livestock numbers and type

• Estimate of annual fertiliser requirement

• Quantities and types of chemical fertilisers moved onto or off the holding

RETURN


Controls …. records

• Details of livestock manure and other organic fertilisers moved onto or off the holding

• Copy of any NMP prepared (e.g REPS plan)

• Results of any soil tests

• Description of facilities for the storage of livestock manure, soiled water, FYM, etc.

• Quantities and types of concentrated feedstuff fed to grazing livestock

• Location of any water abstraction point

RETURN


Controls Inspections

• 1% of applicants selected on the basis of a risk analysis

• Inspector will record details which in combination with the records submitted before 31 March of the following year will be used to determine compliance with the requirements.– Any plot details varying from the

application– Stock details– Housing details

RETURN


Sanctions Summary• Negligence

– generally 3% but could be increased to 5% or reduced to 1% depending on the seriousness of the non-compliance. Could be 0%

• Intent– generally 20% but could be increased to 100% or reduced

to 15% depending on the seriousness of the non-compliance

– Penalty could be extended outside the year of the finding• Repetition

– Where in breach again within 36 months, repetition impacts according to a defined set of rules

• the penalty will be multiplied by 3 to a limit of 15% after which the breach is considered an intent breach

Documents

Fertiliser Controls under Cross Compliance Dr Al Grogan Fertiliser Association of Ireland Meeting 6 th Feb 2007