Paul Kehoe (Wexford, Fine Gael)
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Question 773: To ask the Minister for Agriculture and Food the reason the derogation regarding the nitrates directive as agreed in November 2006 has not been signed into Irish law; the implications of this delay; and if the principal of [i]force majeure[/i] will be available to farmers in animal disease situations under the nitrates regulations. [14759/07]

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.

Though the Regulations themselves and the draft Commission decision do not provide for it, force majeure is recognized in European law and I am satisfied that genuine situations arising from animal disease will not cause difficulties for farmers in the context of the implementation of the Nitrates Directive.