EU Directives.

Dáil Éireann Debate, Tuesday - 1 February 2005

Tuesday, 1 February 2005

Questions (344)

Ned O'Keeffe

Question:

346 Mr. N. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will make available a copy of the document or letter which he has received from the European Commission regarding Ireland’s application for a derogation from the nitrates directive; the reason the EU wants a scientific basis for a derogation based on a nutrient management plan for each farmer; if it has objected to the levels of storage being suggested; if they have queried the spreading periods of slurry or farm waste in different parts of the country; his views on whether, in certain areas, a period of 22 weeks would be the norm for spreading vis-à-vis other areas in which 12 to 14 weeks would be the norm; if his attention has been drawn to the fact that there are 140,000 registered farmers here but only 20,000 real commercial farmers; if his attention has further been drawn to the fact that if these restrictions are imposed and no protection is put in place for intensive commercial farmers, Ireland will finish up with no pig industry, no poultry industry, no mushroom industry and intensive dairy farmers will disappear due to the exorbitant costs that farmers will be burdened with in putting these envisaged proposals in place; if his attention has further been drawn to the fact that with the present economic profitability of farming, it will not be possible for farmers to make ends meet; and if he will make a statement on the matter. [2705/05]

Written answers

Minister for the Environment, Heritage and Local Government (Mr. Roche)

The EU nitrates directive was adopted in 1991 with the objective of reducing water pollution caused or induced by nitrates from agricultural sources. The European Court of Justice delivered a judgment on 11 March 2004 that Ireland is non-compliant with the directive. The main finding was that Ireland has not fulfilled its obligations under the directive by reason of failure to establish and implement an action programme to protect water quality against pollution by farming.

Following extensive consultations with the main farming organisations and other interested parties, a nitrates action programme was submitted to the European Commission on 22 October 2004, a copy of which is available in the Oireachtas Library.

In reply, the European Commission has issued a letter of formal notice of further legal infringement action against Ireland, Article 228 letter, on 22 December 2004 which indicates that the Commission does not regard the action programme as being complete or compliant with the judgment of the court. It is the view of the Commission that the action programme needs to be strengthened in certain respects, for example, to extend the "prohibited periods" for the land spreading of livestock manure and to require additional storage capacity for livestock manure. As the Article 228 letter is part of continued infringement proceedings against Ireland, I am advised that it would not be appropriate to make the letter generally available for public reference.

Together with my colleague, the Minister for Agriculture and Food, I met representatives of the main farming organisations on 26 January to brief them on the situation arising from the Commission's response. I intend that the matter be pursued further with the European Commission with a view to making our formal response to the Commission's concerns by 22 March next. The Commission has also indicated that Ireland's application for a derogation in certain circumstances from the 170 kg limit will not be considered until an action programme has been agreed.