Nitrates penalties trade-off
Daily fines were set at €100 for continuing breaches, and the maximum penalty at €3,000 (or up to six months in prison) when the regulations were first published last December.
When the 250kg derogation is formally put in place, which could happen by January 2007, according to the Department of the Environment, fines will be set at a higher level — possibly at the Water Pollution Act maximum of €30,000.
However, the derogation relieves the nitrate worries of about 10,000 farmers whose nitrogen loading was over 170kg per hectare.
If their loading stays over 170 they will have to apply for the 250kg derogation each year if they want to keep livestock carrying a nitrogen loading over 170kg.
Their other options will be to get more land, or get rid of cattle.
Farmers availing of the derogation will be 25% more likely to be inspected for compliance, according to IFA.
But the derogation is vital, for example, to allow dairy farmers keep 1.2 cows or more per acre, and apply enough fertiliser to grow grass for them.
Ireland applied to the EU Commission for the derogation to enable such farmers apply livestock manure to land at rates of up to 250 kg nitrogen per annum.
The Commission brought forward the agreed Irish proposal to the EU Nitrates Committee, which assists the Commission in the implementation of the Directive.
Approval by the Nitrates Committee enabled the EU Commission to move towards the formal grant of a derogation, but the Commission has advised that the derogation will be conditional on amending Irish legislation to increase penalties for breaches.
Minister Mary Coughlan said her Department will publish full derogation information and guidelines for farmers.
The Commission did not accept Ireland’s case for extending the derogation to include farmers wishing to take in pig and poultry manure and mushroom compost. Agriculture and Food. Independent MEP Marian Harkin said this was a serious blow, especially to farmers in Cavan, Monaghan and Donegal. “What the EU is basically saying is that these producers have until the end of 2010 to adapt to a non-expansion regime which threatens the entire viability of their enterprise”, she said.
And ICMSA President Jackie Cahilll warned of “an unbelievable amount of conditions and paperwork” attached to the derogation application process.
