The directive is primarily a matter for the Commission. Contrary to what some people believe, it is not Commissioner Fischler but the Commissioner for the Environment, Ms Wallström, who has responsibility for this matter. The general limit is a matter for that Commissioner. However, we have received indications from the Commission that following the court decisions, this has gone from being a scientific matter to being a legal one. While the Commission indicates that 170 must stand as a general limit, it would be sympathetic to considering a derogation to the 250 level, which we seek.
The number of farmers involved has been the subject of some research by Teagasc. It has been suggested that up to 10,000 farmers would need a derogation at the 170 level. In other words, 129,000 of the 130,000 farmers would be within the limit. In reality those 10,000 are the more commercial and intensive farmers and their competitiveness in the EU and with third countries could be stymied. It is important that we get a directive implemented here and an action plan, which will not stymie our better and our more intensive farmers. I believe that can be done by way of derogation provided we can get the minimum of red tape and conditionality attached to those derogations.