Eight significant nitrates changes signed in to law

The much-discussed changes to Ireland’s fifth nitrates action programme (NAP) were signed into law last week. The revised regulation – which, according to the Government, aims to improve water quality and secure Ireland’s next nitrates derogation – includes eight main changes.

Some of these changes are a strengthening of the existing regulation while new measures which were said to be developed in consultation with the nitrates expert group as well as stakeholders on the agriculture water quality working group have been introduced.

The regulatory measures introduced by the review required an amendment to the Good Agricultural Practice for the Protection of Waters Regulations (SI No 113 of 2022, as amended). This amendment has now been published as SI No 42 of 2025. A summary of the eight main changes are outlined below.

The revised nutrient excretion rates for calves reflecting their lower nutrient output in their first 90 days have been adopted.

The excretion rate for calves up to 90 days of age now stands at 1kg of nitrogen (N) and 0.1kg of phosphorus (P).

While animals aged from 91 days to 12 months of age now have an excretion rate of 20kg of N and 2.8kg of P over that period.

Excretion rates for bovines aged one to two years of age have also been amended in the regulations, with the current single value of 57kg N/year changing to 55kg N/year in respect of females and 61kg N/year in respect of males. These changes are based on the latest Teagasc research.

The excretion rates used for dairy cows across the three different bands is based on cows being fed a concentrate with an average crude protein content across the year of 16%. The regulations now take recognition of the lower nitrogen excretion rate achieved by dairy farmers who opt to manage crude protein in the concentrates fed to their cows across the year.

Table 1 details the standard excretion rate taking concentrates with an average of 16% crude protein and the effect of lowering this to 13% to 15%.

The average crude protein is on an “as fed” basis. “For the year 2025, it will be based on the average crude protein across all concentrates fed to dairy cows in 2025. For subsequent years it will be based on the average crude protein across all concentrates fed to dairy cows in the preceding calendar year,” the Department said.

Rules in place in 2024 allowed a maximum crude protein content in concentrates of 15% to be fed to bovines aged two years and upwards at grass between 15 April and 30 September for holdings with a grassland stocking rate at or above 130kg/ha organic nitrogen in 2023.

The maximum crude protein content allowed in concentrates fed to cattle aged two years and over at grass between 15 April and 30 September 2025 is reduced from 15% to 14%. The legislation states this requirement now applies to all farmers irrespective of stocking rate in the previous year.

All areas of the country will fall to the 220kg N/ha organic nitrogen limit by December 2025. This follows the introduction of a provision that “allows the maximum nitrates derogation stocking rate to reduce to 220kg N/ha in areas where the Environmental Protection Agency has identified a need for nitrate reduction measures as a priority to improve water but that were not considered under the European Commission’s criteria for the two-year review of water quality that took place in 2023.

The lower stocking rate for these additional areas comes in to place from December 2025 and essentially means that farms that can currently farm to 250kg N/ha will have a new lower limit of 247.5kg across the calendar year. The limit for 2026 will depend on the outcome of negotiations pertaining to the next nitrates derogation. The Department states that it will write shortly to individual farmers who may be impacted by this change.

The fifth NAP delivered a 10% reduction in the maximum allowable chemical nitrogen application rates for grassland. A further 5% reduction in the maximum allowable chemical nitrogen fertiliser application rates for grassland has been introduced and applies from 1 January 2025 for farms stocked above 170kg/ha organic nitrogen.

A chemical nitrogen fertiliser limit of 90 Kg N/ha on farms with a stocking rate of less than 85 kg N/ha will apply from 1 January 2025. Table 2 details the revised limits.

Note that the stocking rate refers to grassland area only. For a new derogation applicant they may apply the derogation rate of 214 kg/ha for the first year only and from year two onwards must use rates as per the previous year’s grassland stocking rate on the holding.

The regulations also state that the application of nitrogen from livestock manure (including that deposited by the animals themselves) to the eligible grassland area shall not exceed the maximum allowable nitrogen per hectare per year, as appropriate, in the case of a holding to which a derogation has been granted, in accordance with the nitrates directive.

For nitrates derogation applicants, the maximum stocking rate will be limited to 170kg N/ha for land located more than 30km ‘as the crow flies’ from the main farm-holding. This is unless demonstrable evidence is provided to the Department to show that this land is being farmed at an appropriate higher level.

The Department states that following receipt of nitrates derogation applications for 2025 it will communicate with the individual derogation applicants who may be impacted by this change to allow them to provide demonstrable evidence.

If they wish to claim the higher livestock manure nitrogen allowance on this land, they will be asked to confirm they meet at least one of the following criteria:

The mandatory inclusion of clover when reseeding perennial rye grass-based swards now applies to all farmers. In the past this applied to just derogation farmers.

“All new perennial rye grass (Lolium perenne) based reseeds on farms shall incorporate at least 1.5 kg/ha of naked clover seed or at least 2.5 kg/ha of pelleted clover seed,” the Department said.

The use of unprotected urea in granular form will be banned after 2025. All existing stocks of granular unprotected urea must be used by 15 September 2025. The application of urea in liquid form will still be permitted.