Michael Ring (Mayo, Fine Gael)
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Question 147: To ask the Minister for Agriculture and Food the position with regard to the nitrates directive; if agreement has been reached between his Department and the IFA; and if the proposals have been approved by Europe. [14401/04]

Joe Walsh (Cork South West, Fianna Fail)
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The implementation of the nitrates directive is in the first instance a matter for the Minister for the Environment, Heritage and Local Government. A draft action programme, prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. Written submissions on the draft action programme have been received from some 70 stakeholders, including the farming bodies and a revised draft is being prepared by officials of the Department of the Environment, Heritage and Local Government together with officials from my own Department.

Under Sustaining Progress, the Government is committed to using the flexibility in the nitrates directive to seek European Commission approval for organic nitrogen limits of up to 250 kg per hectare per annum to be allowable in appropriate circumstances. It was also agreed in Sustaining Progress that the Government would engage with the main farming organisations and other interests on the development of the action programme for implementation of the nitrates directive. The consultations initiated by the Department of the Environment, Heritage and Local Government in December last are part of that process. The issue has also been discussed at meetings, including a meeting earlier this week, between officials of both Departments and the farming pillar under Sustaining Progress, at which the IFA was represented.

The terms of the action programme need to be finalised at an early date given that EU co-funding of schemes such as the REP scheme, disadvantaged areas compensatory allowance, early retirement and forestry is conditional on satisfactory implementation of the nitrates directive. Compliance with the directive has also been specified as one of the conditions for farmers' participation in the single payment scheme following the decoupling of farm supports from production. Furthermore, following a judgment of the European Court of Justice against Ireland, it is open to the court, on the application of the European Commission, to impose substantial fines against Ireland if early action is not taken to give full effect to the directive.