STATUTORY INSTRUMENTS.

S.I. No. 39 of 1999.

EUROPEAN COMMUNITIES (COMMON FISHERIES POLICY) (MARKET INTERVENTION) AND (COMMON AGRICULTURAL POLICY) (FORESTRY MEASURES) REGULATIONS, 1999.

S.I. No. 39 of 1999.

EUROPEAN COMMUNITIES (COMMON FISHERIES POLICY) (MARKET INTERVENTION) AND (COMMON AGRICULTURAL POLICY) (FORESTRY MEASURES) REGULATIONS, 1999.

Whereas, in accordance with the powers conferred on me by Commission Regulation (EC) No. 1663/95¹ of 7 July 1995, I executed an Act of Accreditation on 8 December 1998, designating the Department of the Marine and Natural Resources as the sole paying agency in the State for the administration and disbursement of EAGGF (Guarantee) Funds in relation to afforestation grant and premium schemes and fisheries withdrawal compensation schemes:

NOW, I, Michael Woods, Minister for the Marine and Natural Resources, in exercise of the powers conferred on my by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Common Fisheries Policy) (Market Intervention) and (Common Agricultural Policy) (Forestry Measures) Regulation, 1999.

2. (1) In these Regulations--

“fishery products” means fishery and aquaculture products within the meaning of--

Council Regulation (EEC) No. 3759/92² of 17 December 1992, on the common organisation of the market in fishery and aquaculture products,

Commission Regulation (EEC) No. 3901/92³ of 23 December 1992, introducing detailed rules for granting carryover aid on certain fishery products,

Commission Regulation (EEC) No. 3902/92⁴ of 23 December 1992, setting detailed rules for granting financial compensation on certain fishery products,

Council Regulation (EEC) No. 3318/94⁵ of 22 December 1994, amending Council Regulation (EEC) No. 3759/92 on the common organisation of the market in fishery and aquaculture products;

“forestry measures” means the Community aid scheme for forestry measures in agriculture in accordance with Council Regulation (EC) No. 2080/92⁶ of 30 June 1992;

“the Community” means the European Community;

“the Minister” means the Minister for the Marine and Natural Resources;

“paying agency” means the Department of the Marine and Natural Resources in its capacity as the sole paying agency in the State for the administration and disbursement of EAGGF (Guarantee) Funds in relation to afforestation grant and premium schemes and fisheries withdrawal compensation schemes.

(2) A reference in these Regulations to any Council or Commission Regulation shall be construed as a reference to that Regulation as amended or adopted by or under any subsequent Regulation.

3. (1) Where arrangements made by the Community for the purposes of its common fisheries policy require the withdrawal from the market of specified fishery products, by a person in the State, the paying agency may support or assist, directly or indirectly, the disposal or withdrawal from the market by any person of those products.

(2) The powers conferred on the paying agency by this Regulation include power to make payments to producers' organisations in respect of such portion of any losses incurred by them as a result of the withdrawal of fishery products from the market in pursuance of the arrangements aforesaid.

4. (1) Where arrangements made by the Community for the purposes of its common agricultural policy provide for the promotion of a Community aid scheme for--

(a) afforestation as an alternative use of agricultural land, and

(b) the implementation of forestry activities on farms,

the paying agency may support, directly or indirectly, the afforestation of agricultural land.

(2) The powers conferred on the paying agency by this Regulation include power to make payments of--

(a) afforestation grants,

(b) maintenance grants,

(c) annual forest premiums, and

(c) grants for the improvement of woodlands,

in pursuance of the arrangements aforesaid.

5. (1) The Minister may, with the consent of the Minister for Finance, borrow money (including money in a currency other than the currency of the State) upon such terms and conditions as may be approved by the Minister for Finance for any purpose relating to or connected with the exercise, discharge or performance by the paying agency of its powers, functions and duties under these Regulations.

(2) The power to borrow under this Regulation includes the power to borrow by means of advances from the Central Fund or the growing produce thereof.

6. The Minister for Finance, after consultation with the Minister, shall guarantee in such form and manner and in such money (including money in a currency other than the currency of the State) and on such terms and conditions as he or she thinks fit, the due repayment by the Minister of the principal of any money borrowed by the Minister and the payment of interest on any monies so borrowed.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations empower the Minister for the Marine and Natural Resources to undertake borrowing to temporarily finance EAGGF (Guarantee) expenditure by the Department of the Marine and Natural Resources in its role as the sole paying agency in the State for the administration and disbursement of EAGGF (Guarantee) Funds in relation to Afforestation Grant and Premium Schemes and Fisheries Withdrawal Compensation Schemes.

¹ O.J.L. 158/6, 8.7.95

² O.J.L. 388/1, 31.12.92

³ O.J.L. 392/29, 31.12.92

⁴ O.J.L. 392/35, 31.12.92

⁵ O.J.L. 350/15, 31.12.94

⁶ O.J.L. 215/96, 30.7.92