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Thursday, 12 Jul 2018

Written Answers Nos. 12-22

Common Agricultural Policy Subsidies

Ceisteanna (12)

Aindrias Moynihan

Ceist:

12. Deputy Aindrias Moynihan asked the Minister for Agriculture, Food and the Marine his plans for the CAP post 2020; his further plans to retain the budget at current levels; if not, his plans to secure increases for the effects of inflation on farmer payments; and if he will make a statement on the matter. [31444/18]

Amharc ar fhreagra

Freagraí scríofa

By way of introduction I would point out that in discussing the funding of the Common Agricultural Policy, we should bear in mind that this funding forms part of a broader EU budget which is negotiated by Finance Ministers and then agreed by the European Council and European Parliament.

The EU proposed CAP budgetary ceilings are a part of these wider proposals on the Multiannual Financial Framework (MFF) for the European Union for the period 2021-2027.

The European Commission has proposed, as part of the MFF, that funding for the Common Agricultural Policy should not exceed €365 billion for the period 2021-2027. This equates to a cut of around 5% compared to the current provision.

The proposal published by the European Commission is an initial position. The final outcome will be determined by negotiations at EU level. Achieving Ireland’s priorities in these negotiations will be a key issue for the Government. Ireland has stated clearly that it is important that policies with demonstrable added value continue to be properly supported. The Common Agricultural Policy (CAP) remains a priority for Ireland.

As I mentioned, the shape of any new Multi Annual Financial Framework is ultimately a matter for Finance Ministers and the European Council. The agreement of the European Parliament will also be required. Member States have differing expenditure priorities and the loss of UK budgetary contributions will make these negotiations particularly challenging. Agreement on the budget requires unanimity among member states.

I have been working closely with my European colleagues to build a consensus to reverse the cut to the CAP budget and to maintain support to CAP at the current EU 27 level.

Recently in Madrid, I agreed a Memorandum, with five of my European colleagues, seeking that CAP funding for 2021 - 27 would not be subject to cuts and would remain at the current level for the 27 EU member states. Ireland, France, Spain, Portugal, Greece and Finland all signed the Memorandum. Support has grown for this position and I understand that up to twenty Member States have expressed support for this position.

On the 4th of July I hosted a Conference on the new CAP legislative proposals for interested stakeholders, including farm bodies, state agencies and the environmental pillar. This was a timely opportunity to bring all interested stakeholders together for a constructive discussion on the future CAP. The range of speakers came from the political sphere, from the European Commission, and from my Department. Earlier this year I held a series of consultative meetings in six locations around the country.

Over the coming months there will be detailed negotiations at all levels across the EU as we work together to shape the final outcome. At the centre of all our considerations will be the need to ensure that CAP Post 2020, properly funded, will continue to support farm families and the rural economy.

The MFF proposals have come at a time of great change and challenge for Europe. I can assure the deputy that I will continue to work to develop a broad consensus on the value of a strong, fit for purpose agriculture sector, and work to reverse the cuts proposed in the draft MFF.

Brexit Issues

Ceisteanna (13)

Niamh Smyth

Ceist:

13. Deputy Niamh Smyth asked the Minister for Agriculture, Food and the Marine the steps he is taking to protect farmers in Border counties from a hard Brexit; and if he will make a statement on the matter. [31058/18]

Amharc ar fhreagra

Freagraí scríofa

Brexit has the potential to have a very significant impact on farmers and on the agrifood sector throughout Ireland, including in the border counties.

As the Deputy will be aware, the agrifood sector is of critical importance to the Irish economy, and its regional spread means it underpins the socio-economic development of rural Ireland and of the border region in particular.

In the first instance, the Government is seeking to minimise the impact of Brexit through a negotiated outcome which permits cross border trade to continue without impediment. In this regard, the UK commitment, in the Joint EU-UK Report of last December, to avoid a hard border on the island of Ireland, was extremely important.

Ensuring that the UK gives effect to this commitment is now a significant focus of the Irish Government, and we have the full support of our EU partners and of the European Commission Task Force in this regard. The so-called 'backstop' text that the EU has proposed in the draft Withdrawal Agreement provides certainty that in any circumstances, and no matter what the outcome of the negotiations on the future relationship between the EU and UK, there will be no hard border on the island of Ireland. Our preference is still for an overall EU-UK relationship which would resolve all issues, but it remains essential that a backstop is agreed which provides such certainty.

During my meeting with my UK counterpart, in London last month I reiterated these points, and I reminded him that if the Withdrawal Agreement is to be finalised, the Northern Ireland ‘backstop’ issue had to be delivered upon. I am conscious, of course, that the UK has advanced proposals which it asserts will avoid the need for the backstop to be triggered, on the basis that it will permit frictionless trade in foods to continue. These proposals will need to be carefully examined.

I wish to assure the Deputy that the Government remains very focused on supporting farmers and the agrifood industry through the challenges ahead, no matter where in Ireland they are based. The Government will be firm in arguing that any agreement reached between the EU and the UK must take account of the very serious challenges presented by Brexit for the sector, particularly given the unique circumstances on the island of Ireland and the importance of our economic relationship with the UK.

And, of course, ultimately Ireland's objective in the negotiations is to have a trading relationship with the entire UK which is as close as possible to the current arrangement.

Common Agricultural Policy Subsidies

Ceisteanna (14)

Pat Deering

Ceist:

14. Deputy Pat Deering asked the Minister for Agriculture, Food and the Marine the efforts he is making with his EU colleagues to secure an increase in the CAP budget post 2020; and if he will make a statement on the matter. [31159/18]

Amharc ar fhreagra

Freagraí scríofa

By way of introduction I would point out that in discussing the funding of the Common Agricultural Policy, we should bear in mind that this funding forms part of a broader EU budget which is negotiated by Finance Ministers and then agreed by the European Council and European Parliament.

The European Commission has, as part of its Multiannual Financial Framework (MFF) for the period, 2021-2027, proposed that funding for the Common Agricultural Policy should amount to €365 billion. This is a cut of around 5% compared to the period to 2020.

The MFF proposals also provide for spending in areas such as research, migration and defence, which are priorities for some Member States. The loss of UK contributions to the EU budget will make these negotiations particularly challenging.

Nonetheless, this is an initial proposal only. The final outcome will be determined by agreement at EU level. The shape of any new Multi Annual Financial Framework is ultimately a matter for Finance Ministers and the European Council. The agreement of the European Parliament will also be required.

Throughout these negotiations, achieving Ireland’s priorities will be a key issue for the Government. Ireland has stated clearly that it is important that traditional policies – with demonstrated value –continue to be properly supported. The Common Agricultural Policy (CAP) remains a priority for Ireland.

From an agriculture perspective, I have been working closely with EU colleagues to build a consensus around the need to protect the CAP budget in the next MFF. Given that MFF matters are decided by unanimity, it is essential to build alliances around critical goals.

With this in mind, I have had a series of bilateral meetings with EU counterparts, to build support for a strong CAP budget post 2020. Furthermore, I recently agreed a Memorandum, with five European colleagues, seeking to maintain CAP funding for the 2021 - 27 period at current EU 27 levels. Ireland, France, Spain, Portugal, Greece and Finland have signed the Memorandum. Support has grown for this position and I understand that up to twenty Member States have expressed support for the proposal at this point.

Over the coming months there will be detailed negotiations at all levels across the EU as member states work together to shape the final outcome of both the CAP and the MFF proposals. I can assure the deputy that the need to ensure that the CAP is properly funded, and continues to support farm families and the rural economy, will remain at the very centre of our considerations.

I will continue to work to develop a broad consensus on the need for a strong and fit for purpose agriculture sector at the heart of the European Union.

Fodder Crisis

Ceisteanna (15)

Tom Neville

Ceist:

15. Deputy Tom Neville asked the Minister for Agriculture, Food and the Marine the measures he is taking to mitigate fodder shortage in winter 2018-2019. [31290/18]

Amharc ar fhreagra

Freagraí scríofa

The difficult winter and spring gone by not only impacted significantly on fodder availability last winter and spring but also highlighted the need to ensure the livestock sector conserved adequate fodder for the coming winter. This situation has been further affected by the current prolonged dry spell.

To address these issues I formed a representative group chaired by Teagasc including stakeholders such as Co-ops, banks, farm bodies, amongst others, to coordinate advisory messages to farmers this summer around replenishing stocks that have been used up and also to manage grazing and fodder through this extended period of extraordinarily dry weather. I have asked that this group meets regularly, particularly during this difficult period, until I am satisfied that the issue of securing adequate fodder supplies for next winter has been fully addressed.

The group has met on two occasions and indeed I joined the second meeting of this group by phone link to keep informed of its actions in support of livestock farmers affected by the dry conditions. The group is scheduled to meet again next week.

On the 26th June I launched a national fodder census to be compiled by Teagasc through its client network as well as clients of the other fodder group stakeholders, with another census planned for the 1st September. The aim of the census is to monitor and measure the levels of fodder in the country and will inform further actions that may be necessary this autumn.

Detailed agronomic advice is being regularly coordinated and communicated to farmers by the bodies represented on the Fodder Group, including through our own social media account.

In addition, Teagasc has established a dedicated helpline to provide advice to farmers affected by the on-going drought. This is being supplemented by a series of local meetings/clinics where farmers can obtain direct support from Teagasc advisors on the spot. The helpline will operate daily from 9 am to 9 pm - 087 7971377.

This helpline service and local clinics are open to all farmers, including non-Teagasc clients.

Co-ops and feed compounders represented on the group have increased feed output to meet demand.

Banking institution members of the group are also working closely with farmer customers on effective financial planning to see them through the current difficult spell.

I believe it is very important that in the face of such weather related events farmers should have access to measures that improve their resilience to these occurrences. I have asked my officials to examine all available risk management tools to determine which of these may be most appropriate to the farming sector.

Fish Quotas

Ceisteanna (16)

Pat the Cope Gallagher

Ceist:

16. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the future capacity restrictions he plans to implement for Irish vessels fishing in area VI(a) in order to ensure the conservation and rational exploitation of stocks in that area in view of the imminent repeal of Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks; his further plans for the numerous other vessels which potentially may have or seek access to area VI(a) subsequent to the repeal of the regulation; and if he will make a statement on the matter. [31075/18]

Amharc ar fhreagra

Freagraí scríofa

EU Fisheries Council No. 1342/2008 established a long term plan for cod stocks in a number of regions including in the north west of Scotland and Ireland (ICES Area 6a) and the Irish Sea (ICES Area 7a). The purpose of the recovery plan was to achieve sustainable exploitation of cod stocks on the basis of maximum sustainable yield. The Plan set down rules for the setting of Total Allowable Catches (TACs) and rules for setting fishing effort limits.

The EU Commission proposal for the North Sea Management Plan has been under consideration by the Council and European Parliament since 2016, including the issue of repealing Council Regulation 1342/2008. A political agreement on the repeal of Council Regulation 1342/2008 has now been agreed which will discontinue the effort regime. The rules on setting total allowable catch limits (TACs) are being simplified under multi –annual plans being adopted for regions, including the Western Waters Management Plan which is being negotiated by the Council and EU Parliament at present and covers ICES Areas 6a and 7.

Technical Measure requirements will continue to apply as set out in EC Regulation 850/98 and as amended by EU regulation 812 of 2015. These include additional measures put in place to help protect cod, whiting and haddock in the north west (Area 6a).

In the context of the repeal of the EU Regulation, the introduction of any replacement fishing effort scheme would be a matter for national consideration and could only be justified for the purposes of protecting, conserving or allowing the sustainable exploitation of the cod stocks in Areas 6a or 7a. As these are shared fishing stocks at EU level, I would have concerns about the case for introducing such national measures applicable only to Irish vessels. In the context of the cod stock in Area 6a, there is a zero quota and only by-catches of 1.5% of the total catch may be retained on board and landed. The by-catch in the Irish fishing fleet in terms of both landings and discards, is I understand small, but the Marine Institute advise that there is a high by-catch of cod in the fleets of other Member States. As advised, the EU Commission has published proposals for a Multi- Annual Plan for Western Waters which include both Area 6a and 7a stocks. This plan is being negotiated within the Council and European Parliament over the coming months and the aim of the plan is to contribute to achieving fishing at sustainable levels. The measures introduced under this plan will apply to all Member States operating in these areas.

TAMS Eligibility

Ceisteanna (17)

Jackie Cahill

Ceist:

17. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if the rules of TAMS will be adjusted to include underpasses in view of the fact that it is a health and safety issue for farmers; and if he will make a statement on the matter. [30312/18]

Amharc ar fhreagra

Freagraí scríofa

During 2015, a suite of six measures were announced under TAMS II. These measures were launched under the Rural Development Programme 2014-2020 and are co-funded under the European Agricultural Fund for Rural Development (EAFRD). The measures provide grants for capital investment in physical assets to assist the Irish agriculture sector to respond to a range of policy challenges. The six measures initially launched were:

- The Young Farmers Capital Investment Scheme,

- The Dairy Equipment Scheme,

- The Organic Capital Investment Scheme,

- The Animal Welfare, Safety and Nutrient Storage Scheme,

- The Low Emission Slurry Spreading Scheme, and the

- Pig and Poultry Investment Scheme

- The Tillage Capital investment Scheme was added to the list of measures in 2017 (March 2017).

The TAMS II Scheme has been very successful to date in terms of uptake with the number of approvals that have issued reaching 15,000. All of these approvals represent committed expenditure and until such time as these approvals are acted upon or expire the budget for TAMS must include provision for the potential expenditure involved.

Of the applications approved just over 5,000 payment claims have been received to date. Payment claims submitted continue to be paid on an on-going basis. All participants who have completed approved works have been urged to submit their payment claims immediately to facilitate early payment. Until the approvals issued to applicants are acted upon and payment claims are submitted or expire without a payment claim being submitted the budgetary position is that additional investment items cannot be accommodated within the RDP budget.

There are a huge variety of items available under the suite of seven TAMS measures. Cattle underpasses are expensive, relative to other capital investments under the scheme, and any request for new investments can only be considered in light of the overall scheme budget available. I have no plans to introduce this measure at this time.

I would point out that payments under TMAS II have now reached €63.9m. Payments are currently issuing at a rate of over €1.1m per week and I would encourage all participants who have completed approved works to submit their payment claims as soon as they are in a position to do so.

Fodder Crisis

Ceisteanna (18)

Charlie McConalogue

Ceist:

18. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the steps he is taking and the supports he is putting in place to help farmers that risk another fodder crisis due to the extreme hot weather. [31067/18]

Amharc ar fhreagra

Freagraí scríofa

As part of a coordinated approach to securing adequate fodder stocks I launched a national fodder census on the 26th June, to be compiled by Teagasc, through its client network as well as clients of the other fodder group stakeholders, with another census planned for the 1st September. The aim of the census is to monitor and measure the levels of fodder in the country and will inform further actions that may be necessary this autumn.

Even before the advent of this current prolonged dry spell and in order to learn from the lessons of last winter and to plan for the coming winter, I convened a representative group chaired by Teagasc including stakeholders such as Co-ops, banks, farm bodies, amongst others, to coordinate advisory messages to farmers this summer around replenishing stocks that have been used up. During the current extraordinarily dry weather, I have asked the group to ensure advice and guidance to manage grazing and fodder is available to all farmers. This group will remain in place until I am satisfied that the issue of securing adequate fodder supplies for next winter has been fully addressed.

The group has met on two occasions and indeed I joined the second meeting of this group by phone link to keep informed of its actions in support of livestock farmers affected by the dry conditions. The group is scheduled to meet again next week.

Detailed agronomic advice is being regularly coordinated and communicated to farmers by the bodies represented on the Fodder Group, including through our own social media account.

In addition, a dedicated helpline to provide advice to farmers affected by the ongoing drought has been set up by Teagasc. This is being supplemented by a series of local meetings/clinics where farmers can obtain direct support from Teagasc advisors on the spot. The helpline will operate daily from 9 am to 9 pm - 087 7971377.

It is important to emphasise that this helpline service and local clinics are open to all farmers, including non-Teagasc clients.

Co-ops and feed compounders represented on the group have increased feed output to meet demand whilst banking institutions, also represented on the group, have announced the availability of working capital and are working closely with farmer customers on effective financial planning to see them through the current difficult spell.

Finally, I firmly believe that farmers should have access to measures that improve their resilience to weather related events and enable them to take appropriate preventative actions. To this end I have asked my officials to examine all available risk management tools to determine which may be most appropriate to the farming sector.

Food Exports

Ceisteanna (19)

Bernard Durkan

Ceist:

19. Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine the extent to which he remains satisfied that Irish food exports can retain their position on world markets with particular emphasis on the need to access new markets in the aftermath of Brexit; and if he will make a statement on the matter. [31089/18]

Amharc ar fhreagra

Freagraí scríofa

The pursuit and development of new markets for Irish agrifood exports is of course an ongoing and central component of the strategic development of the agrifood sector, as evidenced by its placement right at the centre of Food Wise 2025, the industry’s strategy for development over the coming decade. Indeed, this is all the more relevant after the UK’s decision to leave the EU, which presents significant new challenges for the agrifood sector in particular.

Food Wise 2025 outlines the huge potential for growth in agrifood exports to new and emerging markets, particularly in Asia, Africa, the Americas and the Gulf region. This is where our efforts will be focused for the foreseeable future. Indeed, significant steps forward have been taken in opening new markets and in developing trade in existing markets for Irish agrifood exporters in the last three years alone.

For example, in 2015 Ireland gained access to the US and Canadian markets for Irish beef. In 2016, we gained access to the Iranian market for sheepmeat, and we regained access to the Israeli market for beef. In 2017, the market in Egypt was re-opened to Irish beef and we gained access to the Chilean market for Irish pork. And, of course, the news that we had achieved access to the hugely important Chinese market for beef in April 2018 was most welcome.

On the dairy front, Ireland exported over €4.5billion in dairy products to nearly 130 countries in 2017. Against the backdrop of EU-agreed trade deals such as those completed with Canada and Japan, which will benefit this sector, my Department continues to prioritise efforts to gain access to new third country markets and, equally importantly, to deepen existing markets for Irish dairy products. In many instances such efforts are on foot of Ministerial led trade missions.

More generally, the value of exports to emerging markets in Asia, Africa, the Middle East and Central/South America stood at almost €2.8 billion in 2017. The value of trade to these markets has increased by 159% since 2009, and now accounts for over 20% of total agrifood exports. This growth has been led by Asia, with exports of €1.6 billion in 2017, of which around €1 billion went to China. Exports to other Asian markets grew by 85% since 2012 to €659 million in 2017.

Trade to Africa has also grown to €606 million, while exports to the Middle East have also grown significantly.

From a practical perspective, my Department maintains a network of agriculture attachés which is increasingly focused on countries with whom we are seeking to further develop our trading links, such as the United States of America, the Gulf Region and China. We also work closely with Bord Bia in developing international markets through its network of offices around the world, which it has recently expanded to include a presence in Singapore and in Warsaw. Indeed I have made some €14.5 million in additional resources available to Bord Bia since the UK referendum in order to assist it with its promotional efforts.

The role of trade missions cannot be underestimated in gaining further market penetration for Irish agri food products to new and existing markets. I led a series of very successful trade missions in 2017 to destinations that included the Gulf States, US, Mexico, Japan and South Korea. In the case of the latter two, this was an ideal opportunity to exploit the benefits to be derived from the EU's recent trade and economic partnership agreements with South Korea and Japan.

This work has continued in 2018. I have already led trade missions to the US, Canada and China, and my Department is currently making arrangements with Bord Bia and Enterprise Ireland for a further trade mission in the last quarter of 2018 to Indonesia and Malaysia.

These and the other missions that my Department are planning will serve to enhance and improve our existing levels of market access. The destinations are also in keeping with the recent market profiling exercise that was completed by Bord Bia at my request. This exercise identified opportunities in new and more mature markets, and will provide valuable market intelligence both for industry operators and policy makers.

My Department will continue to seek out and identify new markets, and I am ready to respond as appropriate to other opportunities that may arise.

Common Agricultural Policy Subsidies

Ceisteanna (20)

Brendan Smith

Ceist:

20. Deputy Brendan Smith asked the Minister for Agriculture, Food and the Marine the proposals he has put forward at the European agriculture Council regarding the need to increase the CAP budget post-2020; and if he will make a statement on the matter. [31485/18]

Amharc ar fhreagra

Freagraí scríofa

By way of introduction I would point out that in discussing the funding of the Common Agricultural Policy, we should bear in mind that this funding forms part of a broader EU budget which is negotiated by Finance Ministers and then agreed by the European Council and European Parliament.

The European Commission has proposed, as part of the Multiannual Financial Framework (MFF) 2021-2027, that funding for the Common Agricultural Policy should be set at €365 billion. This would indicate a cut of around 5% for the next MFF period of 2021 - 2027.

The Multiannual Financial Framework sets the budgetary ceilings for the next seven years across a range of headings. Member State priorities are not identical, and not all member states favour maintaining CAP funding. Furthermore, in the light of the departure of the UK from the European Union, net contributions to the EU budget will be reduced by approximately €12 billion. Therefore agreeing an MFF which maintains current levels of CAP funding will be challenging.

Nonetheless it should be noted that the proposal published by the European Commission is an initial MFF position. The final outcome will be determined by negotiations at EU level over the coming year. Achieving Ireland’s priorities in these negotiations will be a key issue for the Government.

This MFF proposal will now have to be negotiated by Finance Ministers and agreed by the European Council and Parliament. The intention of the Commission is to reach overall agreement on the MFF before the European Parliamentary Elections in 2019. Of course the MFF is a critical matter for all Member States and agreement on the MFF requires unanimity amongst all EU Member States.

I believe that European agriculture policies have delivered for Irish farmers and consumers and it is important that support continues to be provided to these programmes. Over the next few years farm families will be required to play a vital role in the protection and enhancement of the environment and the production of food to the highest standards in the world. These high standards, and the family farm model, are part of the fabric of European values. EU citizens have shown that they support this model.

We need farmers to take active steps to mitigate climate change, protect water quality and biodiversity, and improve their competitiveness. A strong CAP is a prerequisite if these objectives, which are in the best interests of all citizens, are to be achieved.

So while these matters will not ultimately be decided in the Agriculture Council, I have been working to build consensus among my agriculture colleagues across the European Union to support a reversal of the cuts proposed to the CAP budget.

Recently in Madrid, I agreed a Memorandum with five of my European colleagues, seeking to maintain CAP funding for the period 2021-2027 at current EU 27 levels. Ireland, France, Spain, Portugal, Greece and Finland all signed the Memorandum. Support has grown for this position and I understand that up to twenty Member States have expressed support for this position.

This work has continued as part of ongoing bilateral meetings. Since May 2018, I have, together with my colleague Minister Doyle, met with EU Agri Ministers from Germany, France, Belgium, Denmark, Finland and Hungary to discuss MFF issues.

I would like to reassure the deputy that I will continue to fight for a strong CAP budget in the upcoming negotiations.

Animal Welfare

Ceisteanna (21)

Maureen O'Sullivan

Ceist:

21. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 23 of 26 April 2018, the number of complaints received through his Department's hotline regarding hunting clubs; the actions that were taken; and his views on whether a more resolute response is needed in view of the number of breaches by hunt clubs and the serious risk to the public. [31462/18]

Amharc ar fhreagra

Freagraí scríofa

As you will be aware my Department operates an Animal Welfare Helpline Lo-call 0761 064408 along with a dedicated email address AnimalWelfare@agriculture.gov.ie which facilitates the reporting by members of the public of concerns in regard to the welfare of animals. All calls received are treated in confidence.

The animal welfare hotline exists for the reporting of specific incidents relating to animal welfare in need of urgent attention by an authorised officer of my Department.

No complaints in respect of hunt clubs were received through the hotline. However, a small number of representations have been received this year in relation to hunting and incidents which arose with hounds entering housing estates and making their way on the Motorway system. My Department raised these specific incidents with the hunting associations in May of this year.

Fisheries Offences

Ceisteanna (22)

Pat the Cope Gallagher

Ceist:

22. Deputy Pat The Cope Gallagher asked the Minister for Agriculture, Food and the Marine the progress made to date in consulting with other political parties and the fishing sector in regard to drafting a new statutory instrument to address penalty points for serious infringements as per the European Union (Common Fisheries Policy) (Point System) Regulations 2018 (details supplied); when he plans to consult directly with all interested parties in order to resolve the impasse; the discussions and or meetings he has had with the sector since the motion to rescind SI No. 89 of 2018 was passed by Dáil Éireann in May 2018; and if he will make a statement on the matter. [31065/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Council Regulation(EC) No. 1224/2009 of 20 November 2009 provides for a points system for serious infringements targeted primarily at the licence and therefore the licence holder. The primary purpose was to try and ensure a level playing field for those fishermen who were respecting the rules. The EU points system is designed to complement and not replace national sanctions and ensure a level playing field across the EU.

To this end, on 20th March 2018 I signed into force the European Union (Common Fisheries Policy) (Point System) Regulations 2018, S.I. No. 89 of 2018.

That SI adopted the requirements of Article 92 of Council Regulation (EC) No. 1224/2009 and Title VII of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. In accordance with the regulations, that instrument established a point system, which would apply to the Licence Holder of a sea-fishing boat when a serious infringement of the rules of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be.

However, as the Deputy is aware, S.I. No 89 was annulled by Dail Eireann on 29 May 2018.

I am at present considering with my legal advisors next steps following that annulment. Once that legal advice is to hand and has been fully considered, I will determine next steps and will liaise as required with key stakeholders should it be considered necessary or desirable to do so.

However, it should be noted that both of the above EU regulations went through the ordinary legislative procedure at EU level which would have included widespread consultation with interested parties including the Member States, Advisory Councils, NGOs and the fishing Industry. The matter has also been discussed at industry liaison meetings over the years. The EU regulations on this matter are highly prescriptive in relation to licence holders ,leaving little room for further negotiation.

I should also advise that the delay in implementing this system is of concern to the EU Commission and infringement proceedings against Ireland for non-implementation of the EU points system have commenced. Ireland received a letter of formal notice under infringement proceedings from the EU Commission on 17 May 2018 in this regard. I anticipate that our response to that letter will issue very shortly and, as I have done to date, will continue to fully engage with the Commission throughout the currency of these proceedings.

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