Dáil Éireann Debate, Tuesday - 18 May 2004
149 Cecilia Keaveney asked the Minister for Agriculture and Food his views on the issues (details supplied) raised by the IFA in respect of the nitrates directive; and if he will make a statement on the matter. [14403/04]
View answerThe implementation of the nitrates directive is, in the first instance, a matter for the Minister for the Environment, Heritage and Local Government. Ireland is legally obliged to put into effect an action programme for the further implementation of the nitrates directive. The European Court of Justice, in its judgment on 11 March 2004, held that Ireland had not fulfilled its obligations under the nitrates directive by reason of its failure to establish and implement an action programme in accordance with article 5 of the directive. It is open to the court, on the application of the European Commission, to impose substantial fines against Ireland if early action is not taken to give full effect to the directive.
Furthermore, the terms of the action programme need to be finalised at an early date given that EU co-funding of schemes such as the REP scheme, disadvantaged areas compensatory allowance, early retirement and forestry is conditional on satisfactory implementation of the nitrates directive. Compliance with the directive has also been specified as one of the conditions for farmers' participation in the single payment scheme following the decoupling of farm supports from production.
A draft action programme prepared by the Department of the Environment, Heritage and Local Government in conjunction with my Department and in consultation with Teagasc, was presented in December last to representatives of the main farming organisations and other stakeholders. Written submissions on the draft action programme have been received from some 70 stakeholders, including all the main farming bodies, and a revised draft is being prepared by officials of the Department of the Environment, Heritage and Local Government together with officials from my own Department.
Under Sustaining Progress, the Government is committed to using the flexibility in the nitrates directive to seek European Commission approval for organic nitrogen limits of up to 250 kg per hectare per annum to be allowable in appropriate circumstances. It was also agreed in Sustaining Progress that the Government would engage with the main farming organizations and other interests on the development of the action programme for implementation of the nitrates directive. The consultations initiated by the Department of the Environment, Heritage and Local Government in December last are part of that process. The issue has also been discussed at meetings, including a meeting earlier this week, between officials of both Departments and the farming pillar under Sustaining Progress, at which the IFA was represented.
Once the draft action programme is finalised and submitted to the Commission, Ireland will also submit a derogation proposal designed to take account of the unique characteristics of Irish agriculture. A number of significant steps have been taken to address the costs at farm level of the implementation of the draft action programme. The Government, in Sustaining Progress, stated: "recognising the importance of the nitrates directive and its impact on certain farmers, a number of initiatives shall be taken in the context of optimising the use of available EU and national budgetary resources". These initiatives included a review of the REP scheme with higher payment rates and changes to the terms and conditions of the farm waste management scheme and dairy hygiene scheme including, in particular, increasing the income and eligible investment ceilings.
The improvements in the farm waste management schemes and the dairy hygiene schemes are already in place and changes to the REP scheme, delivering an average increase of 28% in payments to farmers, are expected to be approved shortly by the European Commission with retroactive effect.
The scheme of capital allowances for expenditure on farm pollution control has been extended to the end of 2006. A committee is currently examining issues associated with the possible introduction of low cost wintering facilities such as earthen bank tanks for the storage of livestock manures.
