General conditions for Ireland from 2026 to 2028
Article 1
Open ↗Implementing Decision (EU) 2022/696 is amended as follows: (1) the following Article 3a is inserted: ‘Article 3a General conditions for Ireland from 2026 to 2028 1. Ireland shall as soon as possible and at the latest by the end of 2028 complete the environmental assessments pursuant to Article 6(2) and (3) of Directive 92/43/EEC and Article 4(1) of Directive 2000/60/EC, taking into account the judgment of the Court of Justice of the European Union in case C-531/24, and, where feasible within the same timeframe, put in place mitigation measures, inter alia, through the Irish Action Programme to ensure that the authorisations do not undermine the attainment of the objectives of those directives. 2. Ireland shall review, as appropriate, the conditions in the Irish Nitrate Action Programme as soon as possible, and at the latest by the end of 2028, after the judgment of the Court of Justice of the European Union in case C-531/24. 3. As of 2026, Ireland shall implement measures to ensure that on all dairy farms with lands distributed over a wider area and with a very high stocking rate on the land closest to the farmyard, referred to as the milking platform, cattle slurry produced on the holding is applied outside the milking platform and across the farms lands or otherwise a lower chemical fertiliser allowance applies. 4. As of 1 October 2028 at the latest, Ireland shall increase the required storage capacity for livestock manure and soiled water on all dairy farms in line with current knowledge reflecting developments in dairy breeding and associated farming systems.’ (2) in Article 5, the following subparagraph is added: ‘As of 1 January 2028, in addition to the requirements set out in the first subparagraph, authorisations in areas draining into the Barrow, Slaney, Nore and Blackwater rivers and their tributaries shall be granted subject to the conditions laid down in Article 9a.’ (3) Article 6 is amended as follows: (a) in paragraph 3, the third and fourth subparagraphs are replaced by the following: ‘A liming programme shall be adopted for the farm based on a nutrient management plan and the soil analysis results. Where the lime requirement outlined in the soil analysis report does not exceed 5 tonnes per hectare, the full lime requirement shall be applied within two years of the date of issue of that report. Where the lime requirement outlined in the soil analysis report exceeds 5 tonnes per hectare, at least 5 tonnes of lime shall be applied per hectare within two years of the date of issue of that report. The grassland farm shall be registered in Ireland’s national fertiliser database and shall comply in full with Statutory Instrument No 378 of 2023, National Fertiliser Database Regulations 2023 . The grassland farm shall also declare the closing stocks of chemical fertiliser and lime on their holding at 23:59 on 14 September each year and through a declaration of “Nil Closing Stock” where appropriate.’; (b) the following paragraph 7 is added: ‘7. The stocking rate allowance for land located outside a 30 km radius from the grassland farm’s hub shall not exceed 170 kg livestock manure nitrogen per hectare per year, unless the competent authority finds that there is demonstrable evidence that that land is being farmed at a stocking rate greater than 170 kg livestock manure nitrogen per hectare per year.’ ; (4) in Article 8, the following paragraphs 6, 7 and 8 are added: ‘6. No later than the end of the second year availing of the authorisation subject to this Decision, the grassland farm shall: (a) have its nutrient balance calculated using appropriate software technology accepted by the competent authority; (b) complete a programme of training in grassland management prescribed by the competent authority. 7. The grass produced annually on the grassland farm shall be recorded with at least 20 grass measurements for each grassland parcel each year using appropriate software technology as accepted by the competent authority. A minimum of five days shall be observed between grass measurements. 8. The grassland farm shall adopt at least one of the following measures: (a) when hedge cutting, at least one Whitethorn/Blackthorn tree shall be retained within each hedgerow and allowed to mature; (b) hedgerows shall be maintained on a minimum three-year cycle and cut in rotation to ensure that some areas of hedgerows on the farm will flower and produce berries every year.’ ; (5) Article 9 is replaced by the following: ‘Article 9 Condition for livestock feeding A maximum crude protein content of 14 % shall be allowed in concentrate feed fed to dairy cows and other cattle aged two years old and over on grass between 15 April and 30 September. Records of the crude protein content of concentrate feed shall be kept and made available for inspection by the competent authority on request.’ ; (6) the following Article 9a is inserted: ‘Article 9a Additional conditions for granting authorisations in 2028 1. From 1 January 2028, the annual maximum grassland fertilisation rate from chemical fertilisers on holdings with an authorisation shall be reduced so that as of 2028 the rates are 5 % lower than the rates published in the Irish Action Programme as implemented in Statutory Instrument No 42 of 2025, European Union (Good Agricultural Practice for Protection of Waters) Regulation 2022, as amended. If a revision of the fertilisation norms sets lower values, those lower values shall apply. 2. From 1 January 2028, on holdings with an authorisation, chemical fertilisers shall not be applied to grassland within 4 meters of any surface waters, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply. From 1 January 2028, organic fertilisers, including manure and soiled water, shall not be applied to land in the same areas within 8 meters along any surface water and within 20 meters of any surface waters where the land has an average incline greater than 20 % towards the water, unless the Irish Action Programme sets out stricter requirements, in which case those stricter requirements shall apply.’ ; (7) Article 11 is replaced by the following: ‘Article 11 Controls 1. The competent authorities shall carry out administrative controls in respect of all applications for authorisation to assess compliance with the conditions set out in Articles 6 to 9a. Where it is demonstrated that those conditions are not fulfilled, the application shall be refused and the applicant shall be informed of the reasons for the refusal. Every year, the competent authorities shall carry out administrative controls for at least 10 % of the grassland farms covered by authorisations with regard to land use, livestock number and type and manure production and export. 2. The competent authorities shall establish a programme for field inspections of grassland farms covered by authorisations on a risk basis and with appropriate frequency, taking account of the results of controls of the previous years and the results of general random controls of legislation transposing Directive 91/676/EEC and any other information that might indicate non-compliance with the conditions set out in Articles 6 to 9a. Every year, field inspections shall be carried out in at least 10 % of the grassland farms covered by authorisations to assess compliance with the conditions set out in Articles 6 to 9a. 3. Where it is established, in any year, that a grassland farm covered by an authorisation does not fulfil the conditions set out in Articles 6 to 9a, the holder of the authorisation shall be sanctioned in accordance with national rules and shall not be eligible for an authorisation the following year. 4. The competent authorities shall be granted the necessary powers and means to verify compliance with the conditions for an authorisation granted under this Decision to verify compliance with the conditions set out in Articles 6 to 9a prior to and after granting an authorisation under this Decision.’ ; (8) in Article 13, first paragraph, the following point (j) is added: ‘(j) progress in carrying out the environmental assessments referred to in Article 3a(1).’; (9) Article 14 is replaced by the following: ‘This Decision shall apply in the context of the Irish Action Programme as implemented in Statutory Instrument No 113 of 2022, European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022, as amended, and in the context of the Irish Action Programme as implemented in Statutory Instrument No 588 of 2025. This Decision shall apply until 31 December 2028.’