There are many ways of proactively addressing this problem. One of the reasons farmers are advised not to put out nitrogen for a number of weeks is that grass growth may not be as vigorous in those months as in others. If grass growth is vigorous it absorbs the nitrogen; otherwise it is leached off into rivers and streams.
A proposal must be submitted to Brussels before a derogation will be considered as the Commission cannot consider the situation until it receives a proposal. Tomorrow is the final day for responses from stakeholders and farming organisations. The proposal will be submitted to Brussels and I am confident that a limit of up to 250 kg. per hectare, like in Northern Ireland, will be achieved. Denmark received a derogation of up to 230 kg. per hectare. However, these derogations were only considered when the applications were made.
With regard to storage capacity and anaerobic digestion, individual farmers can make a case to the competent authority, which is the local authority, and get a derogation for whatever system they have. The Departments of Agriculture and Food and the Environment, Heritage and Local Government, together with the farming organisations, signed up to the 1996 protection of waters from pollution by nitrates directive. It is not a figment of anyone's imagination.
It was okay to sign up in 1996 because it was felt it would never see the light of day. However, Ireland is now before the courts, 13 years after the 1991 directive. Up to 100,000 farmers are below the 170 kg. per hectare limit. Up to another 6,000 farmers will be excluded if the 210 kg. is set as the limit. Another 2,500 farmers will be excluded at 230 kg. per hectare. Almost all farmers would be excluded if the limit was 250 kg. per hectare.
Last year the Department was asked for additional money for the REPS and we got an additional €70 million. We were also asked for additional money for farm waste management systems for which we got a substantial increase, as well as an increase in thresholds in the dairy hygiene regulations to exclude waste and so on. That was in preparation for this nitrates directive. I am confident that we can get the derogations from Brussels which will allow the REPS continue, which is worth €260 million per annum to Irish farmers. Last year the area-based compensatory payment scheme was held up for a number of weeks because we had failed to address the problem of the nitrates directive. In my view, we should send our application to Brussels and then seek the derogations which will make it possible, so there will not be an undue burden on farmers to comply with the directive.