Bernard Durkan (Kildare North, Fine Gael)
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Question 369: To ask the Minister for Agriculture and Food the extent to which she has measured the potential impact of the nitrates directive and its likely effect on production; and if she will make a statement on the matter. [14579/05]

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. In October 2004, Ireland submitted an action programme to the European Commission for further implementation of the nitrates directive. In December the Commission conveyed its view that the action programme was not complete and did not comply with the requirements of the directive or with the judgment of the European Court of Justice against Ireland, which had been delivered in March 2004.

Subsequently my Department worked closely with the Department of the Environment, Heritage and Local Government on the preparation of an initial response to the Commission. This response was sent on 20 April. I understand that a revised action programme, on which my Department has been consulted, will be sent to the Commission very shortly. Ireland has also submitted proposals for derogation arrangements which would allow farmers to operate, under appropriate conditions and controls, at a higher level of intensity.

Until agreement is reached with the European Commission on the terms of the action programme and the derogation arrangements, the full implications cannot be known with certainty. However, studies already undertaken by Teagasc indicate that the great majority of farmers are already operating below the general limit of 170 kg of organic nitrogen per hectare per annum specified by the directive. A proportion of dairy specialist producers are operating above that level. However, the vast majority of these are operating below 250 kg per hectare, and the proposals already made to the Commission for derogation arrangements would accommodate such farmers.

The nitrates action programme may have implications for the intensive farming sector, particularly in terms of the utilisation of the manure produced by intensive pig and poultry units, and accordingly I have asked my officials to examine how these may be mitigated. 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.