Written answers

Tuesday, 7 April 2009

Department of Agriculture and Food

EU Directives

11:00 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 344: To ask the Minister for Agriculture, Fisheries and Food the changes being proposed by his Department and the Department of the Environment, Heritage and Local Government in respect of the nitrates regulations; if it is proposed that additional inspection powers will be given to other bodies, rather than having all such inspections and examinations carried out by his Department in order to ensure on-farm compliance checks; if, in this context such proposals would amount to duplication of inspections which his Department conducts; and if he will make a statement on the matter. [14556/09]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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The new Nitrates Regulations, which revise and replace the Regulations made in 2006 and 2007, were made by the Minister for the Environment, Heritage and Local Government on 26 March 2009. The Regulations were developed by the Department of the Environment, Heritage and Local Government in conjunction with my Department following a comprehensive public consultation process and are intended to address two main issues.

Arising from a judgement by the European Court of Justice in relation to the Dangerous Substances Directive, changes to the Regulations were necessary to provide for strengthened enforcement provisions and more specific requirements in relation to farmyard management. The new Regulations also provide the legal basis for the operation by my Department of the derogation under the Nitrates Directive and make a number of other amendments.

In relation to enforcement provisions, the new Regulations strengthen the enforcement powers of local authorities. The local authorities were designated as the competent authorities under the 2005 and 2006 Regulations and they remain the designated competent authorities for the purposes of the new Regulations.

The Regulations also provide for enhanced cross-reporting arrangements between the local authorities and my Department. However, my Department's role in implementation of the Regulations is confined to cross-compliance inspections under the Single Payment Scheme and the operation of the derogation arrangements.

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