Michael Creed (Cork North West, Fine Gael)
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Article 32 (2) (a) of EU Regulation 1307/2013 defines what is known as the "eligible hectare".  With regard to Basic Payment Scheme and Greening payments an applicant must have an eligible hectare for each payment entitlement on which they wish to draw down payment. The eligible hectare is further defined as an agricultural area with an agricultural activity carried out upon it.

Under Article (4)1(e) of EU Regulation 1307/2013 an agricultural area is clearly defined as any area of permanent grassland, arable or permanent crops.  As permanent crops do not include forestry the only means by which forestry can be made eligible and hence paid on is the exemption granted under Article 32 (2) (b) of EU Regulation 1307/2013.  This allows for land which was eligible in 2008 but has since become ineligible, for example due to the planting of forestry, to be deemed eligible.  Therefore  forestry land planted in 2008 or before is not an eligible crop for payment purposes under the Basic Payment Scheme.