Supplementary measure 5 of the previous rural environmental protection scheme provided for payments to farmers who undertook to give public access to their land for environmentally friendly leisure and sporting activities. There is no supplementary measure of this kind in the new Scheme which commenced on 27 November 2000. This is because the EU regulation under which the new REP scheme is implemented, Council Regulation (EC) No. 1257/1999, includes no provision for a public access measure as part of the EU co-funded agri-environment programme. The regulation governing the previous scheme did have such a provision.
In an effort to secure the continued availability of public access as part of REPS, my Department made proposals to the European Commission for the inclusion of the measure in the new scheme as a State aid fully funded by the Exchequer. However the Commission took the position that a public access measure was not admissible under the agri-environment title of the Regulation, even as a State aid.
Participants in the previous REP scheme who are currently in receipt of payment under supplementary measure 5 may continue to avail of payments under this measure until the end of their existing agreements.