Michael Lowry (Tipperary North, Independent)
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Question 890: To ask the Minister for the Environment, Heritage and Local Government if he has received advice from Teagasc recommending new phosphate limits under the nitrates directive; if no advice has been received, his plans to immediately secure such advice; when he expects to make a decision on that advice; and if he will make a statement on the matter. [10656/06]

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 897: To ask the Minister for the Environment, Heritage and Local Government the position regarding the nitrates directive; when compliance will begin; and if he will make a statement on the matter. [10869/06]

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 899: To ask the Minister for the Environment, Heritage and Local Government when the derogation under the nitrates directive will be submitted to the Commission; the expected timescale for a decision on the proposals submitted; and if he will make a statement on the matter. [10871/06]

Brian O'Shea (Waterford, Labour)
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Question 905: To ask the Minister for the Environment, Heritage and Local Government his proposals to meet the concerns of the Irish Farmers Association regarding the nitrates regulations and Teagasc submission (details supplied); and if he will make a statement on the matter. [11024/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 890, 897, 899 and 905 together.

Ireland's national action programme under the nitrates directive was formally submitted to the European Commission on 29 July 2005 and I made the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 on 11 December 2005. These regulations give legal effect to the action programme and 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 action programme and regulations were prepared jointly by my Department and the Department of Agriculture and Food, in consultation with Teagasc, and involved an extensive consultation process with farming organisations and other interested parties. The regulations generally came into effect on 1 February 2006 with specific provisions coming into effect on a phased basis up to 2008.

Part 3 of the regulations deals with nutrient management planning and is based on long-standing Teagasc advice. Subsequent to the making of the regulations, Teagasc indicated that it may be possible to review part of this advice in a way which could improve their effectiveness. My Department secured agreement with the European Commission that there was merit in allowing time for this advice to be elaborated and, accordingly, I announced a brief de facto deferral of the implementation of Part 3.

I received a copy of the Teagasc advice as regards phosphorus and nitrogen limits on Friday 3 March 2006 and this is being considered carefully by both Departments. However, details of key research cited by Teagasc in support of their new advice and which were sought by my Department and the Department of Agriculture and Food have yet to be received. In order to advance urgent consideration of the issues involved officials from my Department, the Department of Agriculture and Food and Teagasc will meet with representatives of the European Commission on the matter tomorrow; the Commission has already been provided with a copy of the Teagasc advice of 3 March. In principle, I am open to considering proposals for the more effective operation of all regulations under my control.

Any new formulation in the present case will however have to respect the environmental requirements associated with the nitrates directive and will require 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 new tax reliefs now being introduced together with improved grants schemes.

Ireland is now seeking a derogation from 170 kg to 250 kg organic nitrogen per hectare with the Commission for the benefit in particular to 10,000 dairy farmers. This process commenced formally at the EU nitrates committee meeting on 12 December 2005, when an outline of Ireland's proposal was presented. Following detailed discussions between officials of my Department, the Department of Agriculture and Food and the European Commission, a detailed scientific argument in support of the proposal was finalised and submitted to the Commission on 9 February 2006. The scientific case in support of the derogation was prepared by the Department of Agriculture and Food in consultation with Teagasc and my Department.

The derogation proposal will need to be considered at future meetings of the nitrates committee before approval can be obtained. While the objective had been to secure agreement on a derogation by mid-2006, at present these discussions are in abeyance pending finalisation of the issues arising from the latest Teagasc advice.