Pat Rabbitte (Dublin South West, Labour)
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Question 64: To ask the Minister for Agriculture and Food her views on the recent rejection by the European Commission of the Government's request for a derogation from the 170 kg. per hectare limit in the nitrates directive; the next step in negotiations in this regard; and if she will make a statement on the matter. [1914/05]

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 submitted an action programme for 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 on 11 November 2004 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 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 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.

The Commission has indicated that the derogation application will not be considered until the action programme itself has been agreed.