Ireland could be fined on nitrates by October
Ireland has until March 22 to respond to the Commission’s charge that our proposed nitrates action programme is deficient.
“If the Commission is not satisfied with the response it receives, it can elevate that action to a reasoned opinion, which would be the next stage of legal proceedings and the final stage before going to court,” according to the principal officer at the Department, Mr John Sadlier.
“Theoretically, the Commission could serve a reasoned opinion on Ireland before the end of March,” he told the Oireachtas Joint Committee on Agriculture and Food. “While that is probably unlikely, it could happen that quickly. We have two or three months to respond to that, and if the response is again deemed to be inadequate, the Commission could then decide, without reference to us, good, bad or indifferent, to apply directly to court for fines to be imposed. That is how the process could move.
“Then, of course, the case would need to be heard. Inevitably, there would be an exchange of pleadings, which itself takes time.
“The process starts with a letter of formal notice and response. If the Commission is not happy, it serves a reasoned opinion to which we have a chance of response. That would then be it and the Commission could apply to court to apply fines.”
The Oireachtas Joint Committee heard from Mr Sadlier that the Commission views references in the Irish action programme about allowing up to 250 kg per hectare of nitrogen, instead of the 170 kg set by the directive, as a self-granted derogation, which the Commission finds unacceptable.
“This would fly in the face of the directive and the court judgement. This provision will need to be revisited by the Department,” said Mr Sadlier.
Not only is a derogation in doubt, but Environment Commissioner Stavros Dimas’s officials have spelled out that it wants bans on slurry spreading to be up to four weeks longer than proposed by Ireland. To reflect these longer prohibited periods, it also wants longer storage capacity on farms.
For chemical fertilisers, the Commission wants an extra two weeks added to the end of the proposed closed period in January.
