Scottish Government

1. INTRODUCTION

1.1 Purpose

This consultation paper seeks your views on proposed revisions to the Action Programme for Nitrate Vulnerable Zones ( NVZs) in Scotland. This document sets out the main elements of the proposed changes; the final revised Action Programme may differ slightly from the information presented here as a result of the consultation exercise and dialogue with the European Commission.

In Scotland, 14% of the land area is designated as NVZs. The current Action Programme, introduced in 2003, applies to all NVZs and contains a set of measures designed to limit the quantities of nitrate in Scotland's water environment.

We have reviewed the measures in the current NVZ Action Programme to evaluate whether they are sufficient to achieve the aims of the Directive, and we have concluded that changes are required. Similar changes are being implemented in Northern Ireland, and similar proposals are also being put forward for NVZ Action Programmes in England and Wales.

The proposed changes to the Scottish Action Programme are set out in Annex A and are discussed in the "Proposed Changes" section below. A partial Regulatory Impact Assessment is at Annex E.

1.2 Responding to this Consultation

Consultation is an essential and important aspect of Scottish Executive working methods. Given the wide-ranging areas of work of the Scottish Executive, there are many varied types of consultation. However, in general Scottish Executive consultation exercises aim to provide opportunities for all those who wish to express their opinion on a proposed area of work to do so in ways which will inform and enhance that work. While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

You are invited to send written comments on the proposals set out in this consultation paper, by Thursday 15 February 2007. We would also ask you to complete the Respondent's Information Form, which can be found at the end of this section of the consultation paper, and send it with your comments.

Please send your response to:
waterdivision@scotland.gsi.gov.uk

or

Scottish Executive Environment and Rural Affairs Department, Water Division, Area 1-H, Victoria Quay, Edinburgh, EH6 6QQ
If you have any queries, please contact Angela Paul on 0131 244 1413.

Handling your response

We would be grateful if you could clearly indicate in your response which questions or parts of the consultation paper you are responding to as this will aid our analysis of the responses received. We also need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Returning your completed Respondent's Information Form will ensure that we treat your response appropriately. If you ask for your response not to be published we will regard it as confidential and we will treat it accordingly.

All respondents should be aware that the Scottish Executive is subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request made to it under the Act for information relating to responses made to this consultation exercise.

Next steps in the process

Where respondents have given permission for their response to be made public (see the attached Respondent's Information Form below), these will be made available to the public in the Scottish Executive Library by Thursday 15 March 2007. They will also be placed on the Scottish Executive consultation web pages. We will check all responses where agreement to publish has been given for any potentially defamatory material before logging them in the library or placing them on the website. You can make arrangements to view responses by contacting the SE Library on 0131 244 4565. Responses can be copied and sent to you, but a charge may be made for this service.

Complaints about the process

If you have any comments on how this consultation exercise has been conducted, please send them by post, e-mail or fax to:

Postal address:

e-mail: waterdivision@scotland.gsi.gov.uk
fax: 0131 244 0245

1.3 Questions on Proposals in this Consultation

Your comments are invited on any aspect of the proposed amendments to the current Regulations, whether particular or general . Comments are invited on the following specific points:

Farm N Loading Limit

Your views are sought on the proposed option to introduce on 31 March 2007, in advance of the other measures, the 170 kg N/ha farm loading limit for organic manure- section 3.1.1 refers.

Calculating Nitrogen Loading

Your views are sought on:

• the proposals to include in Regulations the mechanism for calculating the levels of nitrogen in manures - section 3.1.2,
• the proposal to make it obligatory to seek prior approval from the Scottish Executive for any variation to the calculation method - section 3.1.2 and
• the case for seeking a UK grassland derogation - Annex E

Closed Periods

Closed periods for chemical fertilisers - section 3.2.1

Do you agree with our proposal to remove the current requirement to notify SEERAD within 3 days of any application of chemical nitrogen fertiliser during the closed period? Instead, the amendment regulations would allow you during the closed period to apply chemical fertilisers up to the end of September to oilseed rape, brassicas and catch crops used as fodder where there is a known need for autumn nitrogen. The application must still be recorded in the field record.

Closed periods for organic fertilisers - section 3.2.2

Your views are sought on the proposals to:

• include with slurry, poultry manure and liquid digested sewage sludge other organic matter high in available N (eg as slurry from livestock markets, and blood from abattoirs or poultry preparation plants) in the group of restricted manures and fertilisers to which the closed periods apply,
• extend the closed period for the above organic manures, and
• apply the closed periods to all soil types.

Do you consider the Option 1 closed periods for organic manure are appropriate, in particular the time of year, the distinction between soil types and the lengths of closed period for different crops?

Do you prefer the simpler Option 2 closed periods for organic manure which would apply to all soil types ?

Your views are sought on ending the closed period for organic manure after 15 January for land which meet the requirements for, and is identified as being of, low risk of run-off in the farm risk assessment.

Do you consider that any organic waste products that are used as fertiliser and that produce low nitrate leachate should, like farmyard manure, be excluded from the closed period? If so, please specify the type of products.

Rainfall bands - section 3.2.3

Your views are sought on whether the closed periods proposed in Option 1 or Option 2 should apply across all the NVZs or whether these might be varied to take account of the differing levels of rainfall within each NVZ.

Fertiliser and Manure Plan

Your views are sought on the proposals to make it obligatory for farmers to prepare their manure and fertiliser plan, including a farm risk assessment map, in accordance with the revised guidelines for farmers in NVZs - section 3.3

We would welcome your views on the proposed amendment to the fertiliser and manure management plan described in Annex C

Can you suggest ways in which the record keeping of the fertiliser and manure management plan can be met with minimal bureaucracy?

Manure Storage

Your views are sought on the proposals for:

• 26 weeks' storage capacity for pig and poultry manures, and the exceptions that apply to this requirement - section 3.4.1
• the requirement to calculate storage capacity in accordance with the amended guidelines for farmers in NVZs and the circumstances where reduced storage capacity applies - section 3.4.2 and
• proposals to clarify the rules concerning field middens and the storage of fertilisers before their application - section 3.4.4.

Nitrogen Management Measures

Your views are sought on the proposal for:

• quantitative restrictions on either side of the closed periods for organic manures other than farmyard manure - section 3.5.1.
• the use of chemical fertilisers near water courses - section 3.5.2. and
• the application of manure to bare ground - section 3.5.3.

We would welcome your comments on the proposal to adopt an N efficiency system as illustrated in table 2 - section 3.5.4

Applying organic fertilisers on steep slopes - section 3.5.6

Your views are sought on:

• the proposal to require an environmental risk assessment map at field level to be produced showing details of the location of high, moderate or low risk zones across the farm,
• the proposal that organic fertilisers are not applied to land with a gradient of 15 degrees (1 in 3)or to unimproved land, and
• the rules to control losses of nitrogen fertiliser that are outlined in the farm risk assessment section of Annex C.

Spreading organic manure on frozen ground - section 3.5.7

Your views are sought on the proposal not to amend, at the present time, the current rule that prohibits the spreading of nitrogen fertiliser on soil that has been frozen for 12 hours or longer in the preceding 24 hours.

Application methods - section 3.5.8

Your views are sought on the proposals concerning the land application of manures and fertilisers.

Record Keeping

We would welcome your views on the proposal to change the reporting year from 19 December to 1 January each year -section 3.6.

Your views are sought on the list of proposed additional actions on which farmers will be required to keep farm records for inspection purposes -section 3.6..

Proposed Timescale for Implementation of Measures

We would welcome your views on the proposed dates when the Regulations should begin to apply - section 5.

Impacts of the Measures -Annex D

The partial Regulatory Impact Assessment is particularly aimed at seeking the views of farm businesses in NVZs on the impact for them of these amendments to the current regulations on action programme measures. In particular, you are invited to comment on:

• the impact on competition of the amendments to the regulation,
• any further sectors or organisations not listed that you believe might be impacted upon by the amendments to the regulations on action programme measures, and
• the impacted of the amendments to the regulations on action programme measures for small farming businesses in the NVZs.

In addition to any other views you may wish to make on these amendments, the following questions might be addressed in your comments:-

• Are the amendments clear in relation to the responsibilities which they assign? Please indicate what aspects (if any) need to be specified more clearly?
• Do you consider that, in terms of providing protection for waters against pollution from agricultural sources, the proposed amendments are inadequate, adequate or excessive? Please provide supporting information or comment for your opinion.

Respondent's Information Form

Consultation on proposed amendments to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003

Please tear this page out, complete the details below and send it to us with your response. This will help ensure we handle your response appropriately:

Please return this information form with your comments by Thursday 15 February 2007.

Your comments, with this form, may be sent by post, e-mail or fax to:-

Postal address:

e-mail: waterdivision@scotland.gsi.gov.uk
fax: 0131 244 0245