Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

Question 215: To ask the Minister for the Environment, Heritage and Local Government what has been signed into law in the regulations that give legal effect to the nitrates action programme; the position regarding the deferral of part three; his plans to change the directive in view of its impact on productive farming here; if he has met with the Irish Farmers Association in this regard; if so, the outcome of the meetings; and his plans to go back to Europe to try and get this directive changed. [4769/06]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

All EU member states are required to adopt nitrates action programmes, including appropriate mandatory regulatory provisions, in order to give effect to the nitrates directive. The purpose of these regimes is to protect surface and groundwaters against pollution from agriculture by prescribing appropriate standards of environmental management for farming. Other EU measures in support of farming, notably the new arrangements for the single farm payment, have been linked to the implementation of nitrates action programmes.

In most EU member states, agriculture accounts for the bulk of nitrate and phosphorus nutrient losses to the environment. In Ireland, some 72% of all phosphorus and 83% of all nitrate inputs to waters are attributable to agriculture. Satisfactory control and reduction of these agricultural inputs is essential to redress known environmental problems affecting Ireland in respect of surface and groundwater quality.

It is not open to Ireland, nor would it be in the interests of farmers generally, to seek to change the nitrates directive. In 2004, the European Court of Justice held Ireland to be in breach of the nitrates directive by failing to implement a nitrates action programme. Arising from this situation, and to secure the best possible arrangements for farmers, including protection of EU farm payments and a derogation on the directive's nitrogen limit, as well as compliance with the directive and avoidance of the imposition of daily fines, the Government has negotiated intensively with the European Commission to conclude our nitrates action programme. Many concessions and flexibilities have been won for Irish farmers through this engagement. Following agreement of the nitrates action programme with the Commission, further negotiations are being pursued — of vital interest in particular to thousands of dairy farmers — in order to achieve a derogation to 250 kg from the 170 kg organic nitrogen limit of the directive.

Following extensive consultations also with farming and other interests, I made the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 on 11 December 2005. Both prior to and since the making of the regulations, I have met representatives of the Irish Farmers Association and of other farming interests.

The regulations are designed to strengthen the protection of waters against pollution from agricultural sources, primarily through the management of livestock manures and other fertilisers. They implement the nitrates directive and a number of other EU directives in respect of the protection of water quality. In particular, they provide for compliance by Ireland with the terms of the judgment of the European Court of Justice delivered in March 2004 which held that Ireland was non-compliant with the nitrates directive.

The regulations generally came into effect on a phased basis from 1 February 2006 and provide for a range of measures to strengthen the application of good agricultural practice countrywide. These measures include: the timing and procedures for the land application of fertilisers; requirements on the capacity of storage vessels for livestock manure; general provisions on storage management; and the monitoring of the effectiveness of such measures.

Part 3 of the regulations deals with nutrient management planning and is based on long-standing Teagasc advice. Teagasc has recently indicated that it may be possible to review part of this advice on the application of phosphorus in a way which could improve the effectiveness of the regulations. The Government and the European Commission saw merit in allowing Teagasc to elaborate this new advice and accordingly, I have announced a brief de facto deferral of the implementation of Part 3 of the regulations.

Teagasc has been requested to provide, as a matter of urgency, the necessary scientific case to support any revision of the phosphorus tables in the regulations. My Department and the Department of Agriculture and Food will carefully consider any submission received from Teagasc while also bearing in mind that any proposals for revision of the phosphorus tables will have to respect the environmental requirements associated with the nitrates directive and will have to meet with the agreement of the European Commission. The Government's approach at all stages has been to identify efficient and least-cost solutions to implementing the environmental requirements of the nitrates directive. Advice and assistance is being made available to all farmers to facilitate them in adapting to the new regime; this includes a proposed new system of grants and new tax reliefs now being introduced.

Higher environmental standards have been promoted at EU and member state levels across a range of economic sectors: business, industry, energy as well as agriculture. While these require adaptation by the sectors concerned, they are designed to support and not diminish longer term competitiveness. I am confident that the transition to the new nitrates regime, which is necessary, will be achieved on a basis fully compatible with viable and progressive farming into the future.