Nitrate Vulnerable Zones - Derogation

After concerns were broached by British Farmers, Defra requested a derogation which was approved by the EU Nitrates Committee in the UK in March 2009

The directive limits the amount of Nitrogen from livestock manure that can be applied to farm, to 170kg per ha per year. The derogation allows farmers who meet certain conditions to apply up to 250kg.

Farmers in England will have to apply to the Environment Agency annually to take advantage of the derogation.

Defra is to produce a booklet later this year to provide farmers with further guidance and confirm the conditions (later this summer).

Derogation requires farmers to:-

Apply annually to Environment Agency
Follow strict criteria to become eligible (awaiting booklet)
80% of the farm must be under grass
Still need to meet 5 month storage by 31/12/2011
Still have to comply with annual rolling allowance of 80 cubic meters per ha of 6% dry matter slurry, with only 50 cubic meters allowed at any one dressing (rolling figure important).
Derogation for 4 years
Derogation requires soil testing to be carried out before you can become eligible.

Entering the derogation may make you more prone to inspection, as you are flagging up that your farm does not meet current requirements.

It may be advisable to look at exporting muck or renting additional land to increase your farm area.

However if you feel that derogation may be suitable for you and you would appreciate further advice, please contact Becky Evans on:

For further information contact: b.evans@dentonclark.co.uk