Michael Creed (Cork North West, Fine Gael)
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Question 416: To ask the Minister for Agriculture, Fisheries and Food the arrangements and allowances made under the Nitrates Directive for herd owners with a disease problem; and if he will make a statement on the matter. [16339/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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When a herd is restricted for disease reasons, my Department recognises such cases as coming under the principle of Force Majeure or developments which are outside the control of the farmer. My Department takes the individual circumstances into account when assessing each farmer's position in relation to adherence to the requirements under Statutory Instrument No. 101 of 2009, European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009.