Minister insists there will be 'no obstacles' for farmers buying fertiliser from north under new rules
The proposed legislation will see a register of fertiliser economic operators, a register of professional fertiliser end users, and the establishment of a national fertiliser database.
Minister for Agriculture Charlie McConalogue has insisted there will be "no obstacles" for farmers in the Republic of Ireland purchasing fertiliser from Northern Ireland under new rules that are due to be introduced.
The Veterinary Medicinal Products, Medicated Feed and Fertiliser Regulations Bill 2023 will bring in new regulations for fertiliser.
The proposed legislation will see a register of fertiliser economic operators, a register of professional fertiliser end users, and the establishment of a national fertiliser database.
Minister McConalogue, speaking at a hearing of the Oireachtas Joint Committee on Agriculture, Food and the Marine, acknowledged that the impact on north-south trade as a result of the bill has been raised as a concern.
He told the committee that there are no provisions in the bill to disrupt cross-border trade and that farmers will be free to continue purchasing fertiliser from outside of the state.
"The only additional requirement will be that such transactions are imports and farmers buying from the north of Ireland will have to register as a fertiliser economic operator and submit information on these imports to the fertiliser database," he said.
Sinn Féin TD for Cavan/Monaghan Matt Carthy told Mr McConalogue that this is a "substantial requirement" and will have a "negative impact in terms of all-Ireland trade".
"I have spoken to nobody in the sector who disputes that this is also going to create a loophole that will undermine the very basis of the legislation," Mr Carthy said.
"If we operate this order as it currently stands, there is going to be a further divergence north and south. That would be very damaging."
Mr Carthy said that a database should only be in place if it covers the island.
He added that it is "entirely disingenuous" for it to be said that if farmers "were to purchase fertiliser from their operator in Clones or their operator in Rosslea that the conditions will be the same – they won't".
"If they decide to purchase in Rosslea they will then have to register as a fertiliser economic operator," Mr Carthy said.
"They don’t have to do that if they’re purchasing south of the border, even if their merchant in Rosslea could be closer to them.
"That, to me, is creating a divergence north and south that I think is unhelpful in the current circumstances."
Mr McConalogue insisted that there are "no obstacles" going to be in place for farmers in purchasing from where they usually do – and that the requirements for somebody buying north of the border are "the same as somebody buying south of the border".
"Fertiliser can be bought north or south, there are no barriers to buying," he said.
"Whether you buy in the north or south that’s the same, the legal obligation applying to you is that you have to record it, and make sure you have an accurate update."
However, for those purchasing in the south, the data will be submitted primarily by the retailer that it is being purchased from – whereas farmers purchasing from the north will have to submit the data themselves.
"Obviously we don’t have any remit legally in the six counties in the north, so we can’t put a legal obligation on the sellers in the north to upload on behalf of the farmers, so the farmer has to register and upload it themselves," Mr McConalogue said.
"It is desirable for the north to have a fertiliser register as well but we can only bring in one for the republic.
"I don’t know how long it’s going to take until there’s a fertiliser register in the north, but I know it’s going to be very useful for us in the south."
Mr McConalogue said his department has been engaging with officials in the north on the matter.
