Matt Carthy (Cavan-Monaghan, Sinn Fein)
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207. To ask the Minister for Agriculture, Food and the Marine if he will specify when his departmental officials received drafts of the revised guidelines for state aid in the agricultural and forestry sectors or the Agricultural Block Exemption Regulation from the European Commission or any other EU body prior to their publication in December 2022; and if he will make a statement on the matter. [10349/23]

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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208. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Questions Nos. 778 and 782 to 784, inclusive, of 31 January 2023, when he expects to receive correspondence from the European Commission clarifying the possibility for Coillte to be a direct beneficiary of forestry premiums under the new state aid rules; and if he will make a statement on the matter. [10350/23]

Charlie McConalogue (Donegal, Fianna Fail)
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I propose to take Questions Nos. 207 and 208 together.

As the Deputy is aware, historically afforestation premia were provided for under European Council regulation 2080/92 and were available to both farmers and non-farmers. Lower maximum rates applied in the case of non-farmers. Within this regulation, non-farmers were defined as any other private, natural or legal person. 

I would draw your attention to the landmark 2003 ECJ judgement for case No. 339-00 where it was held that, “as a public undertaking Coillte Teoranta was not eligible to receive aid to compensate for a loss of income arising from forestation”. This has resulted in the fact that Coillte to date, has not been eligible to receive aid to compensate for a loss of income arising from afforestation from my Department.

Ireland’s current afforestation premia are offered under the guidelines for State aid in the agricultural and forestry sectors and in rural areas. As the Deputy is aware, these guidelines were revised last year and the updated guidelines have now come into effect from the 1st January 2023.

Draft guidelines for the European Commission’s revision of the State aid rules for the agricultural and forestry sectors and in rural areas were provided to Member States in January  2022. The Commission launched a public consultation in February 2022.  My Department published the Commission consultation on gov.ie requesting organisations submitting observations/comments to also inform the Department. My Department received no such comments.  The Commission held two meetings in March 2022 and September 2022 to discuss proposals with the Member States. Based on internal Department discussion, my Department submitted comments on each occasion following these meetings.

Following on from the meeting held in September 2022 the Commission considered Member States comments and published the Final version of the New ABER/Guidelines regulation in late December 2022. There were no follow up meetings held between September and publishing. My Department downloaded the final versions from the Official Journal as soon as they were available.

The revised guidelines, under Section 2.1.1 (Aid for afforestation and creation of woodland) and Section 2.3 (Aid for forest-environment and climate services and forest conservation) now include the possibility of public landowners to avail as beneficiaries without restrictions.  My Department is currently seeking legal advice on the matter and will engage further with the Commission on receipt of this advice and due consideration will then be given to its application under the next Forestry Programme.