Dick Roche (Wicklow, Fianna Fail)

The need for the regulations arises from the 1991 EU nitrates directive which imposes specific obligations on all member states to protect waters against pollution from agricultural sources. As Deputies are aware, a 2004 judgment of the European Court of Justice held Ireland to be in breach of the directive by failing to implement a nitrates action plan. As a result of this judgment we are open to the risk of daily fines. The new arrangements for the single farm payment are also linked to the implementation of the nitrates action plan. I am sure Deputy McCormack would not wish to place this payment in jeopardy.

In Ireland some 72% of all phosphorus and 83% of all nitrate inputs to waters are attributable to agriculture. It is essential that we address the known environmental problems affecting surface and groundwater quality. This is important to every household which depends on groundwater, in particular, for domestic or farm supply. It is also right, of itself, to take control of a problem we have had for many years.

The regulations provide for fertilisation standards for nitrogen and phosphorus consistent with the environmental standards set by the nitrates directive. These are also in line with good agricultural practice and the agronomic requirements of crops as set out by Teagasc. The application of fertilisers in excess of crop needs is economically wasteful and environmentally damaging.

Subsequent to the making of the regulations, Teagasc indicated it may be possible to review part of its advice on crop nutrient requirements in a way which could improve the effectiveness of the regulations. My Department secured agreement with the European Commission that there is merit in allowing time for this additional advice to be elaborated. To this end, I announced a brief de facto deferral of Part 3 of the regulations. My colleague, the Minister for Agriculture and Food, and I jointly made it clear that if revised phosphate tables were brought forward and supported by robust underlying science, I would make a case to the European Commission for revising the current limits. Any new formulation will need to respect environmental requirements and meet the requirements of the directive.

Regarding nitrogen standards, in agreement with farming representatives and in accordance with the Government's commitment under Sustaining Progress, Ireland is pursuing a derogation from 170 kg to 250 kg organic nitrogen per hectare with the Commission. The derogation is of vital interest in particular to 10,000 dairy farmers. Achievement of the derogation is crucial and nothing should be done to jeopardise the derogation negotiations. Any action that delays or impedes progress on the derogation would do a huge disservice to dairy farmers.

Teagasc has not been specifically requested to review its advice on nitrogen issues. However, to the extent that its revised submission on crop nutrient requirements suggests further beneficial adjustments to the regulatory regime, these will of course be considered. The possibility of such further adjustments will also depend on their respecting the environmental requirements involved and on their acceptance by the European Commission.

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