APPLICATION FOR A GRANT FOR PROVISION OF A WATER SUPPLY UNDER THE ' ' FARM MODERNIZATION SCHEME ' ' INTRODUCED BY THE IRISH MINISTER FOR AGRICULTURE AND FISHERIES IN IMPLEMENTATION OF THE SAID DIRECTIVE NO 72/159 AND OF COUNCIL DIRECTIVE NO 73/131/EEC OF 15 MAY 1973 ON THE GUIDANCE PREMIUM PROVIDED FOR IN ARTICLE 10 OF DIRECTIVE NO 72/159 ( OFFICIAL JOURNAL L 153 , P . 24 ).
3 THE NATIONAL COURT CONSIDERED THAT INTERPRETATION OF DIRECTIVE NO 72/159 , AND IN PARTICULAR ARTICLES 13 AND 14 THEROF , WAS NECESSARY TO ENABLE IT TO EXAMINE THE COMPATIBILITY WITH THAT DIRECTIVE OF THE PROVISIONS OF THE IRISH SCHEME IN IMPLEMENTATION THEREOF .
FIRST QUESTION
4 THE FIRST QUESTION ASKS WHETHER DIRECTIVE NO 72/159 , AND IN PARTICULAR ARTICLES 13 AND 14 THEREOF , RELATES EXCLUSIVELY TO FARM DEVELOPMENT FOR AGRICULTURAL PURPOSES OR WHETHER IT PROVIDES ALSO FOR DEVELOPMENT OF LAND FOR THE ERECTION OF DWELLING-HOUSES FOR OCCUPATION BY PERSONS OTHER THAN THOSE ACTIVELY ENGAGED IN FARMING THE LAND .
5 ACCORDING TO THE FIRST TWO RECITALS OF ITS PREAMBLE THE OBJECTIVE OF DIRECTIVE NO 72/159 IS TO CONTRIBUTE TO THE REFORM OF AGRICULTURAL STRUCTURES , WHICH IS A BASIC FACTOR IN THE DEVELOPMENT OF THE COMMON AGRICULTURAL POLICY . ARTICLE 1 OBLIGES MEMBER STATES , WITH A VIEW TO BRINGING ABOUT STRUCTURAL CONDITIONS CONDUCIVE TO A SIGNIFICANT IMPROVEMENT IN AGRICULTURAL INCOMES AND WORKING AND PRODUCTION CONDITIONS , TO INTRODUCE A SYSTEM OF SELECTIVE INCENTIVES TO FARMS SUITABLE FOR DEVELOPMENT , DESIGNED TO ENCOURAGE THEIR OPERATION AND DEVELOPMENT UNDER RATIONAL CONDITIONS .
6 ARTICLE 13 OF THE DIRECTIVE SEEKS TO PROMOTE SCHEMES FOR IRRIGATION OR FOR LAND RE-PARCELLING WITH A VIEW TO MODERNIZING FARMS WHICH SATISFY THE CONDITIONS MENTIONED IN ARTICLE 2 OF THE DIRECTIVE . THOSE CONDITIONS RELATE TO THE FARMER , WHO MUST PRACTISE FARMING AS HIS MAIN OCCUPATION AND POSSESS ADEQUATE OCCUPATIONAL SKILL AND COMPETENCE , THE KEEPING OF ACCOUNTS , THE PLAN FOR THE DEVELOPMENT OF THE FARM AND ALSO THE EARNED INCOME OF THE FARM . ARTICLE 14 ( 2 ) OF THE DIRECTIVE IS CONCERNED WITH FARMS WHICH DO NOT SATISFY THOSE CONDITIONS BUT TO WHICH THE MEMBER STATES MAY NONETHELESS GRANT CERTAIN AIDS . THUS ARTICLE 14 ( A ), WHICH THE PARTIES TO THE MAIN ACTION CONSIDER TO BE THE PROVISION WHICH APPLIES IN THIS CASE , PROVIDES THAT MEMBER STATES MAY , DURING A CERTAIN PERIOD , GRANT TEMPORARY AIDS TO FARMERS WHO ARE NOT CAPABLE OF ATTAINING THE LEVEL OF EARNED INCOME LAID DOWN BY THE DIRECTIVE AND WHO ARE NOT YET ELIGIBLE FOR THE ANNUITIES PROVIDED FOR IN COUNCIL DIRECTIVE NO 72/160 OF 17 APRIL 1972 CONCERNING MEASURES TO ENCOURAGE THE CESSATION OF FARMING AND THE REALLOCATION OF UTILIZED AGRICULTURAL AREA FOR THE PURPOSES OF STRUCTURAL IMPROVEMENT ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1972 ( II ), P . 332 ).
7 THESE PROVISIONS MAKE IT APPARENT THAT DIRECTIVE NO 72/159 IN GENERAL , AND ARTICLES 13 AND