An avalanche of direct payment penalties could be imposed on farmers who exceed their phosphorus allowance, the Agricultural Consultants Association (ACA) has warned.

Up to half of the country’s farmers are potentially exposed to phosphorus-related penalties, ACA president Michael Ryan said.

Exceeding the farm’s permitted phosphorus allowance “constitutes a baseline breach” of the nitrates regulations and thereby the rules governing the Basic Income Support for Sustainability (BISS) scheme, Ryan pointed out.

Ryan called on the Department of Agriculture to clarify the national position regarding phosphorus usage and outline to farmers the extent of the fines that could be imposed for breaches of regulations.

Penalties are typically around 3% to 5% of BISS payments but could potentially rise to 15% where breaches are deemed to be repeat offences.

ACRES

The ACA president doubled down on warnings from individual consultants that farmers in the ACRES, who are not compliant with the regulations, risk losing 100% of their payment for area-based actions such as riparian margins, extensively-grazed pasture and low-input grassland.

The ACRES penalties alone could exceed €5,000 per year on larger holdings, consultants have estimated.

Ryan said farmers were spreading compounds such as 18-6-12 “out of habit” without the evidence that their lands require phosphorus.

“Farmers need soil sample tests on all lands to prove they require phosphorus. If farmers haven’t got that, they should assume their lands are at Index 4 and they cannot import any additional phosphorus by way of bagged fertiliser or slurry,” Ryan said.