Paul Kehoe (Wexford, Fine Gael)
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353. To ask the Minister for Agriculture, Food and the Marine the reason farmers who are in derogation are not eligible for TAMS tranche 21 (details supplied); and if he will make a statement on the matter. [10679/21]

Paul Kehoe (Wexford, Fine Gael)
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354. To ask the Minister for Agriculture, Food and the Marine the reason farmers who are in derogation were only given 24 hours' notice to apply for TAMS on 15 January 2021; and if he will make a statement on the matter. [10680/21]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 353 and 354 together.

Nitrates Derogation applicants (as defined under Statutory Instruments 605 of 2017, 65 of 2018, 40 of 2020) are no longer eligible to apply and receive approval for Low Emission Slurry Spreading (LESS) equipment.

Statutory Instrument 40 of 2020 published February 2020 details how the use of Low Emission Slurry Spreading equipment is a statutory requirement for nitrates derogation farmers and is to be used for any application of slurry. In accordance with the provisions of EU Regulation 1305/2013, LESS approvals cannot issue to such farms after 15th April 2021 as we are not permitted to grant aid a mandatory activity.