Paul Kehoe (Wexford, Fine Gael)
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Question 199: To ask the Minister for Agriculture, Fisheries and Food if within the code of good farming practice, provision is made in respect of horticultural farmers who grow blackcurrants, gooseberries, and so on; if he will guarantee that no penalties will be applied in the event of an inspection to such people; and if he will make a statement on the matter. [32945/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The position is that Article 21 of the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2006 (SI No. 378 of 2006) contains a number of requirements in relation to ploughing and the use of non-selective herbicides including a requirement under Article 21 (2) to provide for emergence by 1 November of green cover from a sown crop where grassland has been ploughed between 1 July and 15 October. The reason for this requirement is to minimise the significant losses of nitrates to waters that can occur when grassland, or arable land, is ploughed and where there is no crop present to take up the released nutrients. Fruit trees such as blackcurrant and gooseberry utilise such released nutrients and satisfy the requirements of the Regulations.

Adherence on the part of fruit growers to good horticultural practices should avoid any difficulties arising as far as cross-compliance inspections are concerned. The requirements of Article 21 are a fundamental part of the National Action Programme under the Nitrates Directive negotiated with the EU Commission and were finalised following an extensive consultation process that led to the enactment by the Minister for the Environment, Heritage and Local Government of the Regulations in 2006.