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EU Directives.

Dáil Éireann Debate, Wednesday - 13 October 2004

Wednesday, 13 October 2004

Questions (32)

Pádraic McCormack

Question:

33 Mr. McCormack asked the Minister for Agriculture and Food the discussions she has had with the Department of Environment, Heritage and Local Government with respect to the nitrates directive; and if she will make a statement on the matter. [24451/04]

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Written answers

The implementation of the nitrates directive is a matter for the Minister for the Environment, Heritage and Local Government in the first instance. The recommendations of Mr. Denis Brosnan, who had been appointed to act as an independent adviser on the draft action programme giving further effect to the directive, have recently come to hand.

The draft action programme was prepared by the Department of the Environment, Heritage and Local Government together with my own Department following consultation with the various stakeholders, which included discussions with the farming pillar under Sustaining Progress. It was published in July 2004 and stakeholders were invited to comment. A draft was also published of the proposal for arrangements to allow farmers to operate above the general limit of organic nitrogen laid down in the directive, together with draft guidelines under which farmers will be required to operate.

Ireland is legally obliged to put into effect an action programme for the further implementation of the nitrates directive. The European Court of Justice has held that by not establishing and implementing an action programme, Ireland has not fulfilled its obligations under the directive. Continued EU co-funding of major farm schemes such as REPS, disadvantaged areas compensatory allowances, early retirement and forestry is conditional on Ireland's satisfactory implementation of the nitrates directive. The directive is also one of the items of EU legislation with which farmers must comply under the single payment scheme.

My Department will continue to work closely with the Department of the Environment, Heritage and Local Government in finalising the action programme and in negotiations with the European Commission. We will seek to ensure that the nitrates directive is implemented in a way that meets Ireland's legal obligation in full and safeguards continuing EU funding of farm payments. An equally important aim will be to avoid the introduction of arrangements that would impact adversely on the viability of Irish farmers or impose unnecessary restrictions or obligations on them.

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