Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 145: To ask the Minister for Agriculture and Food the process involved for a farmer seeking a derogation under the nitrates directive; and if she will make a statement on the matter. [5764/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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Although Ireland's application for a derogation has been approved by the EU Nitrates Committee, the European Commission has not yet issued its formal decision. Until it does so, the Minister for the Environment, Heritage and Local Government cannot make the necessary amendments to the Regulations. However, my officials are actively making preparations to implement the derogation; and full information, including the detailed conditions and application procedures, will be published by my Department once the Regulations have been amended.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 146: To ask the Minister for Agriculture and Food the number of farm inspections carried out to date to inspect compliance with the nitrates directive; the number of farmers who were found not to be in compliance; the penalties enforced on the latter; and if she will make a statement on the matter. [5765/07]

Mary Coughlan (Donegal South West, Fianna Fail)
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The rate of on-farm inspection required for cross-compliance is 1% of those farmers to whom certain Statutory Management Requirements (including the Nitrates Directive) or GAEC apply. In 2006 this resulted in some 1350 Cross Compliance inspections under the Nitrates SMR.

The EU Regulations governing cross-compliance penalties provide that where the non-compliance results from negligence of the farmer the reduction shall normally be 3% but this may be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the non-compliance found. Similarly, where the non-compliance is deemed intentional the reduction shall normally be 20% but this may be reduced to 15% or increased to 100% depending on the extent, severity and permanence of the non-compliance found.

In each case the applicant has the right to have any decision reviewed by my Department. The review is carried out by an officer other than the person who carried out the original inspection. Where the applicant is not satisfied with the result of the review he/she has the right to have the case referred to the Independent Agricultural Appeals Office.

Breaches of the Nitrates Directive were found during 300 of these inspections. In 78 cases the breach was deemed inadvertent, minor in nature, did not result from negligence of the farmer and was capable of occurring in practical farming situations. In these cases the tolerance regime operated by my Department was applied and the farmers in question did not suffer any financial penalty. Of the remaining 222, 90 farmers received a 1% penalty, 54 farmers received a 3% penalty, 74 farmers received a 5% penalty, and 4 farmers received a 15% penalty.