Mary Coughlan (Donegal South West, Fianna Fail)

The 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 further implementation of the directive to the European Commission on 22 October 2004. The Commission conveyed its view, by way of a letter of formal notice under Article 228 of the European Union 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 delivered on 11 March 2004.

My Department is working with the Department of the Environment, Heritage and Local Government on the preparation of a response to the Commission. Senior officials from my Department and their counterparts in the Department of the Environment, Heritage and Local Government are in contact with the relevant Commission officials and this process of consultation and negotiation is continuing.

The action programme submitted to the Commission in October included arrangements for further implementation of the directive. These are among the elements that the Commission queried in its letter of formal notice on 22 December. The discussions with the Commission that are currently taking place at official level are exploring these aspects along with the others that the Commission raised.

Agreement with the Commission is necessary, not only to avoid the risk of substantial fines on Ireland but also to safeguard ongoing EU funding of rural development measures. It remains my objective, and it is also the objective of the Minister for the Environment, Heritage and Local Government, to reach agreement on an action programme that meets the objectives of the nitrates directive in terms of safeguarding water quality while also minimising the burden of compliance that the agreement will place on farmers and safeguarding the future of the commercial farming sector.

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