Nitrates Regulation – Temporary Exemption from Soil Cover Requirements for Short-Period Intercropping

Updated on 14/09/2026

Since the end of the first quarter of 2026, the department has experienced a significant rainfall deficit, accompanied by several heatwaves that have caused marked soil drying. These pedoclimatic conditions have strongly affected agricultural production and do not allow for proper establishment of cover crops.

##### For short-term intercrops

In this context, a [temporary derogation from the requirement for results applicable to short-term intercrops under the "nitrates" regulation](/contenu/telechargement/26846/205243/file/20260820_ap_derogation_cipan.pdf "PDF - 0.10 Mb - 24/08/2026") was adopted last 20 August.

This derogation allows exemption, for short-term intercrops, from the obligation to ensure a dense and spatially homogeneous soil cover—particularly through regrowth of oilseed rape—pursuant to paragraph 3 of point VII of Annex I to the national action programme to be implemented in vulnerable zones. However, this soil cover must be effectively maintained for one month.

##### For long-term intercrops

In addition, given the pedoclimatic conditions forecast for early September, a [temporary derogation from the requirement for results applicable to long-term intercrops under the "nitrates" regulation](/contenu/telechargement/26929/205863/file/20260904_ap_derogation_cipan.pdf "PDF - 1.16 MB - 10/09/2026") was also adopted on 4 September.

This derogation allows exemption, for long-term intercrops, from the requirement to maintain a dense and spatially homogeneous soil cover, and enables, if necessary, at the farm scale, the maintenance of soil cover by cereal regrowth beyond the 20% threshold across all long-term intercrop areas. However, this soil cover must be effectively maintained for 8 weeks, and must not be destroyed before 15 October 2026.

Specifics of Enhanced Action Zones for long-term intercrops

For the affected holdings, the derogation allows exemption from the requirement to establish a cover crop of intercrops prior to 10 September 2026. Furthermore, if meteorological conditions remain unfavorable for cover crop establishment, cereal re-sprouting is permitted, subject to the conditions set out in the decree.

###### These derogations are therefore intended to take into account the exceptional pedoclimatic conditions currently encountered and to secure the affected agricultural operators with regard to their obligations concerning soil cover.

###### Use of these derogations does not require prior notification; however, the operator must record, for any parcel affected by one of these derogations, the state of soil cover in their logbook. All other provisions of the Nitrates Directive remain applicable.

And outside vulnerable zones?

Outside vulnerable zones, a vegetative cover must be present for six consecutive weeks, as defined by the farmer between 1 September and 30 November. This cover does not necessarily require the establishment of a cover crop; the retention of stubble/canes or sufficient regrowth that provides adequate coverage is also acceptable to meet the requirement.

If meteorological difficulties persist, each affected farmer may, when the time comes, submit a request for recognition of force majeure to the DDT: [ddt-seaee@cote-dor.gouv.fr](mailto:ddt-seaee@cote-dor.gouv.fr "Visit the website mailto:ddt-seaee@cote-dor.gouv.fr - new window")

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##### Keep covers in place whenever conditions allow

Provided that weather conditions allow their establishment and maintenance, long-term intercrops offer significant environmental and agronomic benefits.

They notably help reduce the risk of nitrogen leaching into water by capturing part of the mineral nitrogen present in the soil. They can thus contribute to lowering nitrogen fertilization needs and associated loads.

Cutlery may also, where agronomic conditions permit, be used as fodder after the mandatory establishment period. This utilization may help meet livestock feeding needs in the context of a marked fodder deficit.

Associated documents

* [Download Prefectural Order of 20/08/2026 granting temporary derogation from the national action programme to be implemented in vulnerable areas in order to...

PDF - 0.10 Mb - 24/08/2026](/contenu/telechargement/26846/205243/file/20260820_ap_derogation_cipan.pdf)

* [Download Prefectural Order of 04/09/2026 granting temporary derogation from the national action programme to be implemented in vulnerable areas in order to...

PDF - 1.16 MB - 09/10/2026](/content/download/26929/205863/file/20260904_ap_derogation_cipan.pdf)