Historically afforestation premia were provided for under European Council regulation 2080/92 and were available to both farmers and non-farmers. Lower maximum rates applied in the case of non-farmers. Within this regulation, non-farmers were defined as any other private, natural or legal person. I would draw your attention to the landmark 2003 ECJ judgement for case No. 339-00 where it was held that, “as a public undertaking Coillte Teoranta was not eligible to receive aid to compensate for a loss of income arising from forestation”. This has resulted in the fact that Coillte to date, has not been eligible to receive aid to compensate for a loss of income arising from afforestation from my Department.
Ireland’s current afforestation premia are offered under the guidelines for State aid in the agricultural and forestry sectors and in rural areas. These guidelines were revised last year and the updated guidelines have now come into effect from the 1st January 2023. The revised guidelines, under Section 2.1.1 (Aid for afforestation and creation of woodland) and Section 2.3 (Aid for forest-environment and climate services and forest conservation) now include the possibility of public landowners to avail as beneficiaries without restrictions. My Department is currently seeking legal advice on the matter and due consideration will then be given to its application under the next Forestry Programme.
