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Conditionality - Baseline Mandatory Requirements 2023

29 September 2022
Type Media Article

Anne O’Malley, Advisory, Teagasc Ballina

Conditionality is the baseline mandatory requirements for the Basic Income Support for Sustainability (BISS) payment in 2023. The Statutory Management Requirements (SMR 1 to 11) refer to legislative standards for Climate, the Environment, Public Health, Plant Health, Animal Health and Welfare.

About half of our rivers and lakes are in an unhealthy ecological state, mainly owing to nutrient inputs from wastewater and agriculture. The Water Framework Directive targets measures to protect water (SMR 1) and actions will be outlined in the River Basin Management Plan 2022- 2023. The Nitrates Directive (SMR 2) is one of the key instruments in the protection of waters against agricultural pressures. New measures in the Nitrates Action Programme (NAP), include, extending the close period prohibiting the spread of slurry from the 8th October in 2022 and 1st October in 2023 to the 15th January for farms in Mayo. Phased approach to conversion to Low Emission Slurry Spreading from 2023-2025, for farms above 100kg/ha and LESS must also be used for the application of pig slurry.

Conservation of wild birds (SMR 3) and habitats for wild flora and fauna (SMR 4). Many of the habitats and species listed for protection in both the Birds and Habitats Directives are water dependent. The EU habitat directive requires designation of Special Protected Areas for Birds (SPAs) for vulnerable species; regularly occurring migratory species, such as ducks, geese and waders; wetlands areas which attract migratory birds each year. The legal basis on which Special Areas of Conservation (SACs) are selected and designated is the EU habitat directive which lists certain habitats and species which must be protected in these Natura 2000 sites. The River Moy SAC drains a catchment area of about 805 sq. km.

Control of pesticides used in agriculture and forestry are key elements of ensuring Ireland maintains good chemical status in as many waterbodies as possible. The most commonly detected substance continues to be MCPA sprays used in the control of rushes in grassland. Pesticides are regulated to ensure their safe use and high levels of protection of human and animal health and the environment and include Regulations on Plant Protection Products (SMR 7) and the Sustainable Use Directive (SMR 8). Additional SMRS are Food and Feed Hygiene regulations for farm business (SMR 5), Prevention, control and eradication of certain transmissible animal disease (SMR 6), Welfare of Calves (SMR 9), Pigs (SMR 10) and Farm Animals (SMR 11).

There are standards (GAEC 1 to 9) to maintain land in Good Agricultural and Environmental Condition . Maintenance of permanent grassland based area on an annual basis to preserve carbon stocks (GAEC 1). Minimum protection of wetlands and peatland from 2024, to protect carbon-rich soils (GAEC 2). Ban on burning arable stubble except for plant health reasons to maintain soil organic matter (GAEC 3). Establishment of buffer strips along water courses to protect water, for example, when spreading slurry, bag fertiliser, spraying, ploughing or cultivation (GAEC 4). Tillage management for the protection of soil and reducing the risk of soil degradation and erosion (GAEC 5). Minimum soil cover to avoid bare soil in periods that are most sensitive (GAEC 6). Crop rotation in arable land except for crops growing under water (GAEC 7). A requirement on all eligible areas is retention and protection of landscape features, ban on cutting hedges and trees during the bird breeding and rearing season and measures for avoiding invasive plant species (GAEC 8). Ban on converting or ploughing permanent grassland designated as environmentally- sensitive permanent grassland in Natura 2000 sites (GAEC 9)

The conditionality requirement for GAEC 8 or Space for Nature requires farmers to devote a minimum 4% share of agricultural area to biodiversity and landscape protection. Under the Annual Eco Scheme, farmers may select the Space for Nature Agricultural Practice, as one of their Eco-scheme practices if their contribution is 7% or greater. An enhanced option is also available, which would count as two practices, if their contribution is 10% or greater. Farmers can now view this information with their advisor online on agfood.ie.