Written answers

Tuesday, 25 April 2006

Department of Environment, Heritage and Local Government

EU Directives

9:00 pm

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 948: To ask the Minister for the Environment, Heritage and Local Government the status of the nitrates directive; and if he will make a statement on the matter. [14246/06]

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 949: To ask the Minister for the Environment, Heritage and Local Government the status of the nitrates action plan; and if he will make a statement on the matter. [14247/06]

Photo of Michael LowryMichael Lowry (Tipperary North, Independent)
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Question 951: To ask the Minister for the Environment, Heritage and Local Government if he will report on the outcome of his most recent meetings with farm representative groups regarding the nitrates directive; and if he will make a statement on the matter. [14345/06]

Photo of Michael LowryMichael Lowry (Tipperary North, Independent)
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Question 952: To ask the Minister for the Environment, Heritage and Local Government if the regulations giving effect to the nitrates directive to reflect the new Teagasc advice, particularly in relation to fertiliser limits, will be amended; and if he will make a statement on the matter. [14346/06]

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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Question 973: To ask the Minister for the Environment, Heritage and Local Government the reason his Department will not convey new Teagasc scientific findings concerning the nitrates directive; the further reason this information has not been conveyed to the authorities in Brussels; and if he will make a statement on the matter. [14744/06]

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 980: To ask the Minister for the Environment, Heritage and Local Government if he has taken on board the advice received from Teagasc to amend the nitrates action plan, with particular reference to the nitrogen and phosphorus fertiliser limits; and if he will make a statement on the matter. [14778/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 948, 949, 951, 952, 973 and 980 together.

Ireland's national action programme under the nitrates directive was submitted to the European Commission on 29 July 2005 and the European Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 were made on 11 December 2005. These regulations give legal effect to the action programme and respond to the judgment of the European Court of Justice in 2004, which held that Ireland was non-compliant with the nitrates directive mainly by reason of failing to make an action programme under the 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 being phased in over a three-year period.

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 in December 2005, Teagasc indicated it may be possible to review part of this advice in a way that could improve the effectiveness of the regulations. My Department secured agreement with the European Commission that there was merit in allowing time for this advice to be elaborated. To this end, I announced a brief de facto deferral of Part 3 of the regulations.

I received a copy of the Teagasc advice on phosphorus and nitrogen limits on 3 March 2006 and this, together with key additional information and research data subsequently submitted, is being considered carefully by my Department and the Department of Agriculture and Food. A copy of the Teagasc advice has been made available to the European Commission. A meeting was held with the European Commission on 22 March 2006 attended by officials from my Department, the Department of Agriculture and Food and Teagasc. The purpose of the meeting was to present the Teagasc advice to the Commission and to have preliminary discussion and consideration of the new advice. I have held a number of meetings with the main farming organisations in recent weeks to apprise them of recent developments. As I have previously indicated, I am open to considering proposals for the more effective operation of the regulations. Any new formulation will, however, have to respect the environmental requirements associated with the nitrates directive and will require the agreement of the European Commission.

Consideration of the issues involved is being advanced by my Department, the Department of Agriculture and Food and Teagasc. Appropriate amendments to the regulations need to be agreed with the Commission and finalised as a matter of urgency to enable consideration of Ireland's request for a derogation from 170 kg to 250 kg organic nitrogen per hectare to move forward with the Commission and other member states.

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