Technical note - Amendment to the Good Agricultural Practices for the Protection of Water Regulations

As part of the government’s plan to improve water quality and secure Ireland’s next Nitrates Derogation, it was agreed with the Commission that an interim review of the 5th Nitrates Action Programme which runs to the end of 2025 would take place.

This interim review has now concluded with the signing into law of a revised regulation.

The regulation includes a number of strengthened and new measures which were developed in consultation with the Nitrates Expert Group as well as stakeholders on the Agriculture Water Quality Working Group.

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.

Changes introduced through the amendment are:

1. Revised nutrient excretion rates for calves to reflect their lower nutrient output, especially in their first 90 days. Nutrient excretion rates for other cattle aged less than 1 year and for 1-2 year old cattle are also updated to reflect the latest Teagasc research.

2. 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.

3. The maximum crude protein content allowed in concentrates fed to cattle aged two years and over at grass between 15 April and 30 September is reduced from 15% to 14% and this requirement now applies to all farmers.

4. Introduction of a provision that will allow the maximum Nitrates Derogation stocking rate to reduce to 220kg N/ha in areas where the EPA (Environment Protection Agency) have 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. For these additional areas, the lower stocking rate limit will apply with effect from December 2025. The Department of Agriculture, Food and the Marine (DAFM) will shortly write to the individual farmers who may be impacted by this change.

5. A 5% reduction in the chemical nitrogen allowance for grassland on higher stocked farms. A new lower chemical nitrogen allowance for extensively stocked livestock farms.

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

7. Mandatory inclusion of clover when reseeding perennial rye grass-based swards now applies to all farmers.

8. A provision has been introduced to allow a restriction on the use of unprotected urea in granular form. To facilitate the use of existing stocks that restriction will apply from 15 September 2025. Application of urea in liquid form will still be permitted.

In addition some administrative amendments have been made for the purposes of providing greater clarity in implementation of the Regulations.

A full copy of the amending regulations (SI No 42 of 2025) is available.

The amending regulations include the revised technical tables that implement the changes at Points 1, 2 and 5 above.

Regarding Point 6 above, following receipt of the Nitrates Derogation applications for 2025, DAFM 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:

1. Rotational grazing system in place on the land.

2. Active milking facilities on the land and included on the applicant’s BISS.

3. Active slurry storage facilities on the land and included on the applicant’s BISS.

4. If the land is solely being cut for forage and/or used for arable cropping, evidence of slurry movement submitted to DAFM within 4-days of slurry application.