DEROGATION FROM 170 KG N/HA FARM LOADING LIMIT AND TEMPORARY STORAGE REQUIREMENT EXEMPTION
Important!
Derogation from 170 kg N/ha farm loading limit and Temporary Storage Requirement Exemption
This leaflet explains:
1. The steps that the Scottish Government is taking to try and secure a derogation from the 170 kg N/ha limit for livestock manure on predominantly grassland farms. It also explains the likely criteria that you will have to meet in order to qualify.
2. The steps that you must take if you wish to apply for a temporary exemption from the minimum storage requirements for livestock slurry and poultry manure and the closed period for these manure types.
1. Derogation from 170 kg N/ha Farm Loading Limit
1.1 The Scottish Government is applying to the European Commission ( EC) for a derogation to the 170 kg N/ha limit for livestock manure. If approved, the derogation will allow a higher limit on eligible holdings of up to 250 kg N/ha per year of manure N produced by grazing livestock. Pig and poultry units will not be eligible for a higher derogation limit and therefore must not exceed the 170 kg N/ha loading limit. Eligible holdings for the derogation are likely to be those with 80% or more of their agricultural area under grass (including crops undersown with grass).
1.2 It is likely that you will have to apply for the derogation. However, until the outcome of the derogation application is known (probably in early-mid 2009) and to avoid unnecessary changes to current farm systems, any farm business choosing to operate above the statutory limit of 170 kg N/ha will be required, on inspection, to demonstrate that they meet the basic eligibility criteria for a derogation as described in paragraph 1.1. During calendar year 2009 only, the Scottish Government's Rural Payments and Inspections Directorate ( RPID) will not consider these holdings to be in breach of this aspect of the revised NVZ Action Programme.
1.3 Any holding that is currently operating at a livestock manure N loading of over 250 kg N/ha, and also meets the above eligibility criteria for derogation, must reduce their loading to 250 kg N/ha or less within the required timescale for implementing this rule. Any holding that is currently operating above 170 kg N/ha, and does not meet the above eligibility criteria for derogation, must reduce their loading to 170 kg N/ha or less within the required timescale for implementing this rule.
1.4 Once the outcome of the derogation application is known, RPID will announce any appropriate changes to the Livestock Manure Loading Limit rule and the application procedure. If approved by the EC, the derogation is likely to apply for a 4 year period only. Thereafter, all holdings will have to comply with the 170 kg N/ha limit unless the Scottish Government re-applies for a further derogation. Holdings should therefore make plans so that they can comply in due course with the 170 kg N/ha limit.
2. Temporary storage requirement exemption
2.1 If your current slurry storage facilities are insufficient to meet the minimum storage requirement of 26 weeks for pig slurry and 22 weeks storage for cattle slurries, then you have up until 1st January 2012 to provide the necessary storage.
2.2 Even if you have insufficient slurry storage, you must still take all reasonable steps to comply with the Closed Periods for organic manures with high available N content, e.g. exporting slurry to another farm. If it is not reasonably practical to comply with the closed periods, then you can also be exempted from this requirement until such time as you have sufficient storage, or 1st January 2012, whichever comes sooner. However, you will not be permitted to apply any organic manure with high available N to any land within the NVZ during the month of October.
2.3 You MUST provide a written notification to your SGRPID area office if you wish to take advantage of this exemption. The written notification must be submitted as soon as possible after 1st January 2009 and by no later than 31st March 2009. You will have to provide further written notifications, by 1st January each year, until you are compliant.
2.4 The written notification must set out whether the exemption is required to allow time for providing the necessary storage to be put in place, to comply with the closed period, or both. If an exemption is required to allow time for providing the necessary storage, then you must also set out the actions being taken to provide it.
2.5 You cannot use this exemption if at any time you move from having sufficient storage capacity to having insufficient storage capacity, e.g. from livestock numbers increasing through business expansion.
2.6 The Scotland Rural Development Programme, Rural Priorities, has funding measures available that could help you to meet your storage requirements. Funding is available for providing or increasing slurry storage and for providing opportunities to remove some of the contributors to your store, e.g. dirty water diversion to constructed farm wetlands.