John Deasy (Waterford, Fine Gael)
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Question 221: To ask the Minister for the Environment, Heritage and Local Government the number of persons that have been prosecuted under the legislation implementing the nitrates directive since its enactment; the offences that gave rise to these prosecutions; and if he will make a statement on the matter. [7413/10]

John Gormley (Dublin South East, Green Party)
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The Nitrates Directive is given legal effect by the European Communities (Good Agricultural Practice for Protection of Waters) Regulations 2009, known as the 'Nitrates Regulations'. Local authorities, acting under the general supervision of the EPA, are the competent authorities for enforcing the Nitrates Regulations. The EPA collates and publishes data on enforcement activity. To date, one prosecution was taken by Limerick County Council in 2007 and one was initiated by South Tipperary County Council in 2008. Two cases were initiated by Limerick County Council during 2009.

A significant number of non-compliances are resolved without the need for criminal sanction. Where instances of non-compliance are recorded during farm inspections, the EPA has instructed local authorities to take appropriate enforcement actions. Such actions include but are not limited to, monitoring, follow-up farm inspections, issue of warning letters, issue of formal Notices and finally, prosecution.