Dinny McGinley (Donegal South West, Fine Gael)
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Question 41: To ask the Minister for Agriculture and Food the status of the nitrates directive; and if she will make a statement on the matter. [12032/06]

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 December, the Minister made regulations giving legal effect to Ireland's national action programme under the nitrates directive. These regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food.

In January, the Minister for the Environment, Heritage and Local Government announced a short de facto deferral of part 3 of the regulations, which covers nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits. A detailed Teagasc submission, covering phosphorus as well as other aspects of the regulations, was received earlier this month. Officials of the two Departments have been examining it and a copy of the Teagasc advice has been provided to the European Commission. Officials of the two Departments and representatives from Teagasc met the Commission on 22 March where the Teagasc experts were given the opportunity to present the revised scientific advice and to clarify certain aspects. The Commission did not offer any definitive conclusions on the new advice at last week's meeting. The Commission will continue to study the Teagasc advice and to assist this process Teagasc has now made available copies of various background research work.

The Commission's agreement will be required for any amendments that may be proposed to the regulations and I am satisfied that the Commission is open to arguments that are scientifically robust. However, it is important that the matter is brought to a quick conclusion so that negotiations on a derogation, which is vital to a large number of more intensive farmers, can proceed.

Michael Ring (Mayo, Fine Gael)
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Question 42: To ask the Minister for Agriculture and Food the status of the application for a derogation to the nitrates directive; and if she will make a statement on the matter. [12037/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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In December, the Minister for the Environment, Heritage and Local Government made regulations giving legal effect to Ireland's national action programme under the nitrates directive. These regulations were finalised following difficult negotiations between the European Commission and officials of the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food. In those discussions, the two Departments made use of the advice provided by Teagasc. The Minister for the Environment, Heritage and Local Government has, however, agreed, with the consent of the European Commission, to a short de facto deferral of the part of the regulations that deals with nutrient management. This was to allow Teagasc to submit revised advice in relation to phosphorus limits which could form a basis for proposals to the Commission for changes in the regulations.

A central issue arising from the nitrates directive is the need to secure a derogation which will allow certain farmers to operate, under appropriate conditions and controls, up to a level of 250 kg of organic nitrogen per hectare. The proposal was given an initial presentation to the EU nitrates committee in December and further scientific data have been supplied to the Commission following bilateral discussions. The proposal will need to be discussed again at future meetings of the nitrates committee before approval can be obtained.

Securing this derogation is vital, for the most productive dairy farmers in particular. However, the further examination of the matter by the EU nitrates committee is not expected to proceed until the regulations have been finalised. For that reason I am working with the Minister for the Environment, Heritage and Local Government to bring matters to a quick conclusion so that Ireland can meet its obligations under the nitrates directive while also safeguarding the future of commercial farming in Ireland and the interests of Irish farmers in general.