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EU Directives.

Dáil Éireann Debate, Wednesday - 24 March 2004

Wednesday, 24 March 2004

Ceisteanna (4)

Billy Timmins

Ceist:

4 Mr. Timmins asked the Minister for Agriculture and Food the discussions his Department has had with the Department of the Environment, Heritage and Local Government with respect to the draft nitrates directive; and if he will make a statement on the matter. [9216/04]

Amharc ar fhreagra

Freagraí ó Béal (8 píosaí cainte)

The implementation of the nitrates directive is, in the first instance, a matter for the Minister for the Environment, Heritage and Local Government. My officials engaged in discussions over the past few years with officials from the Department of the Environment, Heritage and Local Government on further implementation of the nitrates directive, which is a legal obligation.

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. I am giving consideration to the issues raised in the submissions in consultation with my colleague, the Minister for the Environment, Heritage and Local Government, having regard to the need to finalise the terms of the action programme at an early date and submit definitive proposals to the European Commission.

The draft action programme was also discussed at a meeting between officials of the two Departments and the farming pillar under Sustaining Progress. The two Departments will be in contact with the farming organisations again in due course.

In proceeding with an action programme the two Departments must also have regard to the outcome of the recent decision of the Court of Justice on the implementation of the directive. The plan must, therefore, have the following fundamental aims: minimise the disruption to farmers observing good farming practice; protect all CAP support payments — the Commission has indicated that the continuation of such payments is contingent upon an acceptable action plan being put in place; and avoid further court proceedings by the European Commission. 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.

I am anxious, therefore, that definite proposals be agreed and submitted to the European Commission in the near future.

Is the Minister saying that if we do not have agreement by January next the single farm payment will not be paid? That gives rise to another worry in respect of many cross-compliance measures. Will we be constantly facing a similar threat in the years ahead if we do not achieve them? We are all striving to ensure that our water is protected. We are also striving to ensure that no unnecessary hardship or burden is placed on farmers. Does the Minister have a bottom line on what will protect the water and be acceptable to farm organisations and, more important, to the EU?

I am delighted the Minister is consulting with the various organisations on the nitrates directive in accordance with the partnership agreement.

The nitrates directive is a 1991 directive. Nobody can take much credit given that we have vacillated for so long. We have missed an opportunity of being allowed to go to 210 kg N and are now in a situation where, as a general rule, we can go to 170 kg N. Had we addressed the 1991 directive in the mid-1990s we would have had a four-year transitionary period beginning with 210 kg N. That opportunity is gone. A court decision has been taken and we are given another couple of months to address this matter and submit an action programme. That action programme is important. I do not believe farmers have a great deal to fear because most of them are already adhering to good farming practice. It is my intention to seek the maximum possible derogation from the 170 kg N. As I have stated before, we have given a commitment in Government that we will seek up to 250 kg N. In a number of other countries consideration has been given to allowing 210 kg N or 230 kg N. With good farming practice it is possible to have highly intensive commercial farming and still adhere to those requirements.

There are other requirements, such as storage capacity and the spreading of organic manure during certain times. These are fairly restrictive. I would like to see a number of concessions in those areas as well. However, local authority regulations and planning conditions already apply.

We have high standards in farming in Ireland. We have improving water quality. I hope and expect that with good sense prevailing the discussions which will take place between the stakeholders, the farming organisations, the Department of the Environment, Heritage and Local Government and the Department of Agriculture and Food will lead us to submit an appropriate action plan to Brussels which will be accepted and which will allow commercial farming to continue in Ireland.

On the previous day I made a brief reference to the concept of the nitrogen vulnerable zones and the Minister indicated that he would not consider that. Has he considered it since or is it completely off the drawing board, so to speak? Perhaps I misheard the Minister but did he indicate that at this stage the 170 kgs level is a fait accompli in certain cases?

The 170 kgs is in the directive as a general guideline but there is every reason to believe we will get a higher level because in other countries consideration is being given to 210 kgs and 230 kgs at the very least.

On the cross-compliance which the Deputy mentioned earlier, a number of our schemes are vulnerable. There was a hold-up in some schemes last year because of our tardiness in responding to the nitrates directive. These schemes are extremely valuable to the country. Approximately €1.6 billion is spent each year in direct payments to farmers and we do not want to jeopardise that type of value to the farming community. The time has now come to address the nitrates directive, submit our action plan and get the maximum derogation consistent with good farming practice and with ensuring we retain good environmental practices and water quality.

What about the nitrogen vulnerable zones?

We have decided on a whole territory approach in that area.

All-island.

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