Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 551: To ask the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the difficulties being experienced by farmers whereby they could be penalised in their 2009 single farm payments, if they have extra stock on their holdings due to either the slow down in the economy or increased rainfall; and if he will make a statement on the matter. [22089/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The EU Nitrates Directive, implemented in Ireland by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009 (SI no. 101 of 2009), requires that the total amount of livestock manure applied to land in any calendar year must not contain more than 170 kgs of nitrogen per hectare.

Non-compliance with the Regulations, such as exceeding the 170 kgs nitrogen limit, may result in sanctions being applied to a farmer's payments under the Single Payment or other EU funded schemes. The vast majority of Irish farmers operate well below this limit however. It is the responsibility of each farmer to ensure that he or she meets the obligations imposed by the Regulations, including compliance with the 170 kgs limit. My Department provides retrospective information to farmers on the quantities of nitrogen and phosphorus produced by grazing livestock on holdings to assist farmers in planning their nitrogen per hectare for the coming year. In addition approximately 60,000 farmers are participating in REPS and working to an approved nutrient management plan.

Farmers who applied to my Department for a derogation in respect of 2009 may exceed the 170 kgs limit up to a maximum of 250 kgs of nitrogen per hectare, subject to certain conditions. The closing date for derogation applications has now expired. The original closing date was extended to ensure farmers had the maximum opportunity to avail of the derogation in 2009.

There are other options available to farmers who estimate that they may exceed the 170 kgs limit, such as exporting slurry or taking additional land. It is essential that farmers take early action in such cases. My Department has established a Farm Advisory System (as required under Article 13 of Council Regulation (EC) No. 1782/2003) by training a large number of agricultural advisors/consultants in all aspects of cross compliance. These advisors are listed on my Departments website. Where farmers are in any doubt about their situation or the possible options, it is strongly recommended that they talk to their farm advisor.