The Government has been issued with a formal warning from the European Commission over its nitrates action programme.
The Minister for the Environment, Mr Roche, said this evening his department had received a letter of formal notice from the EU Commission (under Article 228 of the EU Treaty).
The programme was sent to the EU Commission on October 22nd 2004.
The Commission's view is that the Nitrates Action Programme submitted by Ireland "does not represent a complete and compliant response to the judgment delivered on 11 March 2004 by the European Court of Justice and that modifications and further actions are necessary", the minister said.
He added that he was disappointed at the Commission's response and that the programme represented "a tremendous amount of work and consensus" by government departments and the farming community.
"The terms of the letter are being considered in the Department and the Department of Agriculture and Food and a reply will be issued within the required three-month period following consultation with interested parties including the main farming organisations," Mr Roche said.
Article 228 of the EU Treaty established the legal procedures that must be followed if a member state fails to comply with a Court of Justice ruling. After a letter of formal notice, a 'reasoned opinion' is then sent to the member state concerned.
If non-compliance continues, the Commission may then apply to the Court of Justice to impose a fine, the level of which can be decided by the court itself.