Mary Coughlan (Donegal South West, Fianna Fail)

Implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland submitted an action programme for the further implementation of the directive to the European Commission on 22 October 2004. In parallel with the submission of the action programme, Ireland also submitted a derogation proposal setting out a scientific justification for operating levels of up to 250 kg organic nitrogen per hectare, based on the specific characteristics of Irish agriculture.

The Commission has now conveyed its view, by way of a letter of formal notice under Article 228 of the EU Treaty issued to Ireland dated 22 December 2004, that the action programme is not complete and does not comply with the requirements of the directive and the judgment of the European Court of Justice against Ireland, which was delivered on 11 March 2004. The Minister for the Environment, Heritage and Local Government, Deputy Roche, and I have met the farming bodies to discuss the current position on the action programme, and my officials are now working with their counterparts in the Department of the Environment, Heritage and Local Government on the preparation of a response to the Commission.

Continued EU funding of Ireland's rural development measures including REPS and compensatory allowances is dependent on our meeting the requirements of the nitrates directive. It is also one of the statutory management requirements under the single farm payment scheme. We must make every effort, therefore, to secure the approval of the Commission both for the action programme itself and also for the derogation arrangements, which we put forward separately. However, it is my objective, shared by the Minister for the Environment, Heritage and Local Government, to minimise the burden of compliance on farmers generally and to ensure that the future of the commercial agriculture sector is safeguarded.

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