Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 4: To ask the Minister for Agriculture and Food the status of the nitrates directive; and if she will make a statement on the matter. [37740/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government. Ireland's national action programme was formally submitted to the European Commission in July, and regulations giving legal effect to it are being finalised following a consultation process. Ireland is also proceeding with the case for a derogation designed to allow certain farmers to operate, under appropriate conditions and controls, up to a level of 250 kg of organic nitrogen per hectare per annum. The derogation proposes to cater for grassland farms. Discussions with the Commission on the derogation are under way.

While the implementation of the action programme will certainly have implications for farmers, I have taken important measures to alleviate the impact on the sector. I have announced proposals for a revised farm waste management scheme for which EU approval is now being sought. The improved scheme will increase the grant rate for both animal housing and slurry storage from the current rate of 40% to 60%, with 70% being available in some counties.

Other elements of the scheme will include significantly higher investment ceilings, the extension of the scheme to sectors such as pigs and poultry and the removal of any minimum income requirement from farming from the scheme. I hope early approval of the scheme will be forthcoming from the European Commission so that it can be introduced quickly. I also intend to introduce a scheme to support the demonstration of new technologies to help the agriculture sector meet the requirements of the nitrates directive.

Some concerns have been expressed about the impact of the directive on the pig and poultry sectors where many of the larger producers do not have enough land of their own to use the manure they produce. I am acutely conscious of the need for pig farmers to continue to have adequate spreadlands for pig slurry. I have therefore asked Teagasc to undertake a very active promotion campaign to demonstrate the nutrient value of slurry and the savings that farmers can achieve by substituting it for chemical fertiliser. I will urge REPS planners to encourage their clients to use pig manure on their farms. I will also seek to ensure that the necessary record keeping and inspection regimes are kept to what is strictly necessary.

Denis Naughten (Longford-Roscommon, Fine Gael)
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The Minister's officials and officials from the Department of the Environment, Heritage and Local Government admitted at a committee meeting that they accept there are transitional difficulties for pig and poultry producers, yet none is prepared to put a structure in place to facilitate transition to the new scheme. Will the Minister direct them to do so? In regard to the information being provided by Teagasc to the Department of the Environment, Heritage and Local Government via the Department of Agriculture and Food for the P index, why is it that the Teagasc rules and guidelines for REPS are being thrown out the window? Teagasc has stated that the information furnished to the Department of the Environment, Heritage and Local Government is not legally binding as there is no scientific evidence to back it and yet it is used by that Department as being legally binding under the nitrates directive. Will the Minister ask the director of Teagasc to clarify the position as he appears to have a different story from that of Dr. Cross and the scientific experts within Teagasc?

Mary Coughlan (Donegal South West, Fianna Fail)
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There has been confusion in regard to the precedent of the Netherlands' rules and regulations on fertiliser standards, for which the purposes of the nitrates directive and the standards operating in that country have a proper legal basis in the Netherlands. They are not merely recommendations or guidelines. I understand from my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche, that he has spoken to the director of Teagasc today. The director confirmed to the Minister that the information Teagasc had in regard to the non-binding nature of the application limits of the Netherlands was based on a non-file draft of the regulations. Teagasc has since confirmed that the fertiliser limits in the finalised Dutch regulation are mandatory and Teagasc is writing to the Minister to confirm that it has the same understanding in this regard. On the issue of the regulations being changed particularly to look at the soil sampling index, the position is that the nutrient value will only be reflective of the crop requirement and, therefore, any call for the regulation to be changed in the absence of soil sampling for the use of phosphorus index 2 will not be accepted by the Commission. I accept, in consultation with my colleague the Minister for the Environment, Heritage and Local Government, there has been clarification on the issue from Teagasc. The position is as stated. Teagasc has confirmed to the Minister the issue regarding the non-factual position in the Netherlands. The confusion has been clarified.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Is it not the case that Dr. Cross wrote to the Department of Agriculture and Food stating that the information given by Teagasc to the Departments of Agriculture and Food and the Environment, Heritage and Local Government in regard to a P index of 2 could not be substantiated legally? Will the Minister confirm if that is the position? REPS plans are considered good farming practice throughout the European Union. The REPS plans in Ireland are restrictive in comparison with those in many other countries. Given that only 12 months remain in the REPS scheme the current P index of 3 could remain in place on those REPS plans until revised, as the Minister's officials have said they will not amend the documentation in the meantime but yet they want to change the rules.

Mary Coughlan (Donegal South West, Fianna Fail)
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With regard to the letter from Teagasc to the Department of the Environment, Heritage and Local Government it recommended the nutrient application standards should be used as guidance tables only and not included in legislation. It is not an option. The Minister has spoken to the director of Teagasc on this matter and clarification has been sought and received. On the issue of REPS, it is appropriate that we take some of the stress being experienced by people on this issue. That is the reason I have asked Teagasc to be proactive. I have also asked that the REPS planners be brought in and that the issue of fertiliser substitution to organic will be the process of the day. I am also considering the issue of soil sampling. Therefore, if a farmer is in a position to say to me on a soil sample that it is a different index, he or she will be free to do so but at the end of the day crop requirement will be the prerequisite as opposed to the soil sample. On that basis, all support that is necessary to deal with this issue will be forthcoming. My officials meet in the Department and the officials of the Department of the Environment, Heritage and Local Government to consider a response to the Commission with a view to bringing this matter to finality fairly quickly.