Brendan Griffin (Kerry South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

To ask the Minister for Agriculture, Food and the Marine when he expects to have decisions on derogation appeals on the 2012 disadvantage area scheme; and if he will make a statement on the matter. [38760/12]

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

In order to make the necessary savings under the budget for the 2012 Disadvantaged Areas Scheme, a range of technical adjustments to the Scheme criteria were introduced, with the agreement of the EU Commission, to ensure that the aid payment is focused on farmers who are making a significant contribution to achieving the objectives of the Scheme, which are defined in the governing EU legislation as follows: To ensure continued agricultural land use and thereby contribute to the maintenance of a viable rural community; To maintain the countryside; To maintain and promote sustainable farming systems which, in particular, take account of environmental protection measures.

I did, however, give the commitment that all applicants, whose stocking density was below 0.3 livestock units per forage hectare in 2011, would be written to formally and given the opportunity to apply for a derogation and, in this regard, I can confirm that in excess of 10,000 have been written to and afforded the opportunity to seek derogation from the 0.3 livestock unit requirement. In the region of 9,000 responded and these applications are currently being processed. The following were the categories under which farmers could apply for derogation: Category 1 : Farmers with a lower stocking density as a result of adherence to an agri-environment of similar type of plan; Category 2 : Farmers, who are not subject to the restrictions from a stocking density point of view of plans referred to under Category 1 above, but whose stocking levels were restricted by the poor land productivity and farming constraints; Category 3 : This Category is for farmers who took over a farm either immediately before or during 2011, where the previous owner died; Category 4 : This category is for farmers whose livestock were affected by an epizootic disease. An epizootic disease is any disease that affects a large number of animals in one place at one time; Category 5 : New Entrants; Category 6 : Miscellaneous, This category is for farmers who consider their particular circumstance is not covered in the categories set out above, e.g. farmers who were occupationally incapacitated as a result of an illness and/or hospitalisation.

These derogation applications are currently being processed, each case being individually reviewed. Decision notifications, which have recently begun issuing, are being sent to each applicant. Those whose applications are successful are being advised that their 2012 DAS applications will be further processed for payment, subject to the other Terms and Conditions governing the 2012 Scheme. Those whose applications are unsuccessful are being afforded the right of appeal.

In this regard, I have decided that an independent Appeals Committee, chaired by an independent Chairman, should be established to process appeals in relation to applicants whose applications for derogations have been unsuccessful.