The Forestry Programme 2014 -2020 is the legal basis for the afforestation scheme insofar as Ireland has State aid approval to support a planting programme from exchequer resources. Details regarding how Ireland proposed to undertake this planting programme were covered in the forestry programme document which included rules governing limitations on planting unenclosed land. Removal of the “20% rule” as it is known could be considered by the Commission as an alteration to an existing plan which could affect the Commission’s initial evaluation of the afforestation scheme in terms of its compatibility with the common market. Whether or not this is the case will most likely be determined in the context of Ireland’s compliance with minimum environmental requirements as set out in paragraph 509 of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020.
My Department met with Commission officials in December 2016 to seek their views on Ireland’s proposals to remove the 20% rule. After this meeting the Commission sought additional information which was provided and have invited Department officials to a further meeting this November.