Matt Carthy (Cavan-Monaghan, Sinn Fein)
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346. To ask the Minister for Agriculture, Food and the Marine the number of farmers availing of the nitrates derogation; the total number of cattle in the herds of those farmers; the total hectarage on which basic payment was claimed that is, grassland per county in 2021, in tabular form. [36451/22]

Charlie McConalogue (Donegal, Fianna Fail)
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Under S.I. 113 of 2022, the European Union (Good Agricultural Practice for the Protection of Waters) Regulations 2022, the amount of livestock manure applied in any year to land on a holding, together with that deposited to land by livestock, shall not exceed 170kg of nitrogen per hectare, or the limit of 250kg of nitrogen per hectare for those who hold an approved Nitrates Derogation.

In all cases the amount applied to commonage shall not exceed 50kg of livestock manure nitrogen per hectare. Farmers who wish to farm to the higher limit of 250kg of nitrogen per hectare are subject to additional conditions.

The attached Table is based on Nitrates Derogation applications in 2021. These applicants had the opportunity to avail of the higher limit of 250kg of livestock manure nitrogen per hectare in 2021 subject to compliance with the terms and conditions applicable to the Nitrates Derogation in 2021.

Compliance with the Nitrates Derogation is verified in arrears as derogation applicants have the full year to farm and have until the closing date for application in the following year to submit supporting documentation to allow my Department verify their compliance. Checks for compliance in 2021 with the Nitrates Regulations, including the Nitrates Derogation, are still ongoing.

Applicants who fail to meet certain Terms and Conditions can not avail of the Nitrates Derogation so the number of farmers that availed of a Nitrates Derogation in a particular year can only be confirmed once all checks for that year have been completed.

*Note: For Counties with less than 5 applicants the number of applicants is stated as <5 to protect farmer confidentiality.