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STATUTORY INSTRUMENTS.
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S.I. No. 39
of 1999.
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EUROPEAN COMMUNITIES (COMMON FISHERIES
POLICY) (MARKET INTERVENTION) AND (COMMON AGRICULTURAL POLICY) (FORESTRY
MEASURES) REGULATIONS, 1999.
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S.I. No. 39 of 1999.
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EUROPEAN COMMUNITIES (COMMON FISHERIES
POLICY) (MARKET INTERVENTION) AND (COMMON AGRICULTURAL POLICY) (FORESTRY
MEASURES) REGULATIONS, 1999.
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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:
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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:
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1. These Regulations may
be cited as the European Communities (Common Fisheries Policy) (Market
Intervention) and (Common Agricultural Policy) (Forestry Measures)
Regulation, 1999.
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2. (1) In these
Regulations—
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“fishery products” means fishery and
aquaculture products within the meaning of—
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Council Regulation (EEC) No. 3759/922
of 17 December 1992, on the common
organisation of the market in fishery and aquaculture products,
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Commission Regulation (EEC) No. 3901/923
of 23 December 1992, introducing
detailed rules for granting carryover aid on certain fishery products,
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Commission Regulation (EEC) No. 3902/924
of 23 December 1992, setting detailed
rules for granting financial compensation on certain fishery products,
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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;
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“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;
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“the Community” means the European Community;
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“the Minister” means the Minister for the
Marine and Natural Resources;
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“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.
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(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.
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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.
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(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.
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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—
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(a) afforestation
as an alternative use of agricultural land, and
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(b) the implementation of forestry
activities on farms,
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the paying agency may support, directly or
indirectly, the afforestation of agricultural
land.
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(2) The powers conferred
on the paying agency by this Regulation include power to make payments of—
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(a) afforestation grants,
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(b) maintenance grants,
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(c) annual forest premiums, and
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(c) grants for the improvement of woodlands,
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in pursuance of the arrangements aforesaid.
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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.
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(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.
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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.
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GIVEN under my Official Seal, this
10th day of February, 1999.
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MICHAEL WOODS,
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Minister for the Marine and Natural Resources.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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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.
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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
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