Received 13 January 2020
Decided
Granted
Request Reference 20/014
Requester Type Other
Department of Agriculture, Food and the Marine

1 The agreement entered into between the State/the Department of Agriculture, Food and the Marine (the “Department”) and the European Commission on foot of the negotiations held between the State/the Department and the European Commission following delivery of the ECJ (as it then was) judgment in 2007 in case C-418/04, Commission v Ireland. If the agreement entered into is not a single document but, rather, is comprised of a number of documents and/or an exchange of communications, we require the release of all such documents/communications. We are aware of the existence of this agreement (and the circumstances of its coming into being) as it is referenced in paragraphs 22 – 25 of the affidavit sworn by the Principal Officer of the Aquaculture and Foreshore Management Division of the Department on 17 October 2019 and filed in the High Court judicial review proceedings bearing record numb XXX XXX JR. That affidavit stated at paragraph 25: “The effect of the agreement reach with the EU Commission for the purpose of permitting the industry to continue to operate under the provisions of section 19A(4) was…” 2 All documents evidencing (1) the approach agreed between the State/the Department and the European Commission; and (2) the procedures agreed between the State/the Department and the European Commission, for the operation of the aquaculture industry . 13.01.2020 RINMORE - Request for release of information under the Freedom of Information Act 2014 (as amended) licensing process in Ireland following delivery of the ECJ (as it then was) judgment in 2007 in case C-418/04, Commission v Ireland. We are aware of the existence of this agreed approach and the agreed procedures (and the circumstances of their coming into being) as they are referenced in paragraphs 26 and 29 of the affidavit sworn by the Principal Officer of the Aquaculture and Foreshore Management Division of the Department on 17 October 2019 and filed in the High Court judicial review proceedings bearing record number XXX XXX JR as follows: “26. The commitment of the State not to issue new licences or renewals and to ensure that existing operators continued subject to the terms and conditions of the original licences was an essential part of the approach agreed with the EC Commission…” “29. It will be apparent from the foregoing that the licence application in respect of XXXXX could not be processed otherwise than in accordance with the procedures agreed with the EU Commission.”