Marian Harkin (Sligo-Leitrim, Independent)
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1615.To ask the Minister for Agriculture, Food and the Marine if he can confirm that participation in the Nature Restoration Law will be voluntary for farmers, and, most especially, those farming in annexe 1 areas, and-or drained peatland; and if he will make a statement on the matter. [31041/24]

Charlie McConalogue (Donegal, Fianna Fail)
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The Nature Restoration Law (NRL) sets out a framework for Member States to restore nature, with binding targets for a wide range of ecosystems including rivers, forests, oceans, urban areas and agricultural ecosystems, as well as protected habitats and species throughout the State.

The legal obligation to achieve these targets is on the Member State, not the landowner. Landowner participation in the NRL is voluntary. The legislation is explicit on this in relation to rewetting, but participation in relation to wider restoration measures is a national competency. The Government is clear that all restoration measures will be voluntary.

Any restoration measures that landowners choose to participate in will be appropriately incentivised and resourced. Schemes and incentives will be designed in partnership with all stakeholders over the next two years, as part of the nature restoration planning process. Farmers’ expertise will be called upon to help shape this. Tens of thousands of Irish farmers are already taking part in voluntary nature restoration under the CAP SP, e.g. ACRES Cooperation, LIFE Programmes, EIPs and Farm Plan Scheme. The NRL will build on what works.

Marian Harkin (Sligo-Leitrim, Independent)
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1616.To ask the Minister for Agriculture, Food and the Marine if he can guarantee that annexe 1 areas, or drained peatland, will qualify as eligible areas under good agricultural and environmental conditions; and if he will make a statement on the matter. [31042/24]

Charlie McConalogue (Donegal, Fianna Fail)
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The Eligible Hectare is the basis of payment for all area-based payments under the current CAP.

An Eligible Hectare is firstly an agricultural area that is used for an agricultural activity.

An agricultural area is comprised of arable land, permanent crops, and permanent grassland, along with agroforestry and paludiculture (use of wet and rewetted peatlands that are close to their natural permanently wet state for different types of wetland agriculture and forestry).

An agricultural activity includes the production of agricultural products, such as livestock rearing and fattening, milk production, the growing of fodder crops, tillage and energy crops or can involve the maintenance of the agricultural area.

The EU Directive on the Conservation of Habitats, Flora and Fauna (92/43/EEC) is commonly known as “the Habitats Directive”. Annex I of the Directive lists the habitats which are considered threatened in the EU territory. These habitats can be considered an Eligible Hectare once they meet the definition of an agricultural area and where an agricultural activity is being carried out. The eligibility of such lands will also be maintained if the applicant undertakes activities, for environmental, biodiversity or climate related reasons where part of a specific scheme, or where justified by a competent individual.

In practical terms the rules on land eligibility mean that agricultural lands, whether Annex I or drained peatland, will remain eligible once farmers continue to carry out an agricultural activity on these lands (for example grazing livestock) or where they so choose, engage in alternative activities that are designed to support environmental, biodiversity or climate targets.