Liam Twomey (Wexford, Fine Gael)
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Question 101: To ask the Minister for Agriculture and Food the status of Ireland's application for a derogation under the nitrates directive; and if she will make a statement on the matter. [12049/06]

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 Departments of the Environment, Heritage and Local Government and 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 respect of 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 has 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, particularly for the most productive dairy farmers. 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.