Paddy McHugh (Galway East, Independent)
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Question 224: To ask the Minister for Agriculture and Food if she will cause Article 26 of the nitrates directive to be amended to change the definition of an offence to avoid criminalising farmers who can manage their stock over the winter months with storage capacity below the minimum set in the regulations without causing pollution but who comply with regulations in all other respects; and if she will make a statement on the matter. [15726/06]

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, who has made regulations last December giving legal effect to the provisions of Ireland's action programme.

The regulations, which came into legal effect on 1 February 2006, specify the minimum storage capacities for livestock manure required on farm holdings and provides for reduced storage capacities in certain, clearly defined circumstances. Aspects of the regulations are currently being reviewed following a short de facto deferral of Part 3 of the regulations which covers nutrient management and the submission of new scientific advice from Teagasc. Any changes to the regulations will, however, have to be agreed with the European Commission.

I have announced a number of measures, including a revised and significantly improved farm waste management scheme, to assist farmers in meeting their obligations under the regulations. It remains the responsibility of the occupier of any holding to ensure that he or she has adequate storage.