Following several years of NFU lobbying, Defra produced statutory guidance on rule one of the FRfW (Farming Rules for Water). The guidance clearly states that land managers should assess the soil and crop need for nitrogen on an annual crop cycle, leaving the door open for autumn applications once again, subject to avoiding a significant risk of pollution.
As the season for spreading is upon us, we've summarised the new guidance in a new briefing for members.
Things to consider
Please read the official guidance in full before planning any future applications. See: GOV.UK | Applying the farming rules for water
Check the current position before planning or undertaking any nutrient applications to ensure that the latest version of the guidance has been considered.
Also consider whether independent professional advice is required regarding the facts of their specific situations.
This new guidance on rule one should also be read alongside the broader guidance and regulations on the FRfW. See: GOV.UK | Rules for farmers and land managers to prevent water pollution
If you farm within a NVZ (nitrate vulnerable zone), there are further regulations to meet around manure and fertiliser applications and you may wish to revisit the relevant guidance. Visit: GOV.UK | Nitrate vulnerable zones
These issues are outside the scope of the information provided in our briefing for members.
What's in the briefing
- Enforcement – covering Defra's expectations of land managers and the EA's advice-led approach to enforcement
- Planning – including nutrient management planning and recording tools
- Nitrogen – avoiding the risk of diffuse pollution from nitrate leaching and taking reasonable precautions when applying manures
- Phosphate – information on how rule one addresses the phosphorus index and target levels for soil
- Guidance review and next steps
Download the briefing: Farming Rules for Water guidance for members
June 2022 update
Previously, the guidance said that farmers should plan to avoid raising the soil phosphorus index above the target level or level 3 – whichever was higher – when applying manures.
The revision has removed the reference to ‘level 3’ or ‘whichever is higher’ and so now the guidance just says that farmers should plan to avoid raising the soil phosphorus index above the target level.
However, important exemptions to this guidance remain in place, such as where a farmer cannot reasonably treat or export manure produced on farm or where a farmer cannot reasonably import alternative, less-risky manures.
"This change has been made without consultation with the farming industry and we will be speaking to Defra urgently to seek further clarification."
NFU Deputy President Tom Bradshaw
Change made without consultation
NFU Deputy President Tom Bradshaw said: “We are disappointed that, less than three months after it was published, part of the guidance for Farming Rules for Water has been amended to seemingly prevent some farmers applying organic manures to certain fields.
“This change has been made without consultation with the farming industry and we will be speaking to Defra urgently to seek further clarification.”
March 2022 update
After months of NFU lobbying and input, Defra has published new guidance on how to comply with Rule 1 of the Farming Rules for Water.
You can read this guidance in full at the Defra website: Applying the Farming Rules for Water (this page will open in a new window).
The key points are:
- The new guidance clarifies that the government does not intend to ban autumn manure spreading through the Farming Rules for Water.
- The guidance clarifies the conditions when it is not appropriate for the Environment Agency to sanction farmers when they spread manure in the autumn and winter months. This is in response to the confusion that previously surrounded the rules and the steps that should be taken to minimise the risk of these activities.
Defra also announced that it will provide further support through new slurry storage grants which it will launch later this year.
The grants are intended to make a significant contribution towards the costs of covered slurry store construction projects, to enable farmers to get to six months’ storage capacity.
Clarity and confidence
NFU Deputy President Tom Bradshaw said: “This announcement provides much needed clarity for farmers and growers who have had significant concerns for some time about how the Farming Rules for Water regulations are being interpreted.
“The updated guidance on the Farming Rules for Water which will allow autumn manure spreading is positive. This is what we’ve been asking for and I’d like to thank government for making these changes. We will look at the guidance closely and we are continuing to engage with government on the importance of fertiliser and about ways it can ensure stability and confidence in the food supply chain.”
NFU President Minette Batters
“Over the past year the NFU has played an important role bringing together the farming industry, Environment Agency and Defra to agree that organic manures can be spread in the autumn, so crops are receiving the vital nutrients they require. This new guidance will enable farm businesses to plan with confidence and importantly, drive improvements that benefit soil and plant health as well as water quality.”
In this new NFU Bitesized video, NFU Deputy President Tom Bradshaw brings you up to speed in just three minutes.
Subtitles are autogenerated
Our work on this issue during 2021
Efra Committee call for evidence
In November 2021, the Efra Committee, a cross-party group of MPs that holds Defra to account, opened a call for evidence on the Farming Rules for Water.
This call for evidence was in response to concern from the NFU and wider industry around the EA’s planned work to address the implications for spreading manures in the autumn.
We submitted a robust response to the call for evidence and also worked with key industry partners to submit a joint response.
- NFU members: Log in to read our response in full – NFU response to Efra Committee call for evidence on Farming Rules for Water
Support for farmers
Following NFU lobbying, on 25 August 2021, Defra updated its website to include a new statement from the Environment Agency on how farmers should approach spreading manures during the autumn.
The statement included a hierarchy of actions. By allowing activities that would not cause ‘significant risks’, the third stage of the hierarchy appeared to offer more flexibility than before for farmers who could not comply with Rule 1 of Farming Rules for Water or the RPS (Regulatory Position Statement) that accompanied it.
We continued to listen and support members who were struggling to follow the RPS, and to call for clarity from Defra and the Environment Agency.
We produced a flowchart to help answer members’ questions about the RPS and whether organic manures could be applied, as well as detailed guidance on how to follow the RPS.