Michael Ring (Mayo, Fine Gael)
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Question 474: To ask the Minister for Agriculture and Food if Coillte is a private company, in view of the fact that the EU states it is not a private company, yet her Department claims that it is; and if she will make a statement on the matter. [32749/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Coillte Teoranta was established under the Forestry Act 1988. Section 9(1) of the Forestry Act 1988 provides that "The Minister, after consultation with the Minister for Finance, shall cause a private company conforming to the conditions laid down in this Act to be formed and registered under the Companies Acts." Coillte Teoranta was accordingly formed and is, therefore, a private company under Irish legislation.

The EU statement mentioned by the Deputy refers to a judgment of the EU Court of Justice in relation to the payment of afforestation premium. In its judgment, and for the purposes of the particular EU legislation concerned, the court took the view that Coillte should be construed as a public undertaking.