Dr. Kevin Smyth:

Thank you, Chairman. I take the point. I thank the committee for the opportunity to address it today on the issue of land eligibility. As we are all aware, 2015 is an important year in the evolution of direct payment schemes, with the introduction of the basic payment scheme and the greening payment, which replaces the single payment scheme.

This year also sees the replacement of the disadvantaged area schemes by an area of natural constraint scheme, and the implementation of the new agri-environmental scheme, GLAS. In total, farmers in Ireland will benefit from payments in excess of €1.6 billion annually under these measures.

The implementation of these new schemes sees some changes to the requirements governing the eligibility of land and other related matters. Like many other member states, Ireland has worked closely with the European Commission during recent weeks and months with a view to establishing a set of requirements that are clear and workable from the point of view of individual farmers as well as other stakeholders, including this Department. We are also mindful of the need to ensure the implementing provisions are the most appropriate in the context of farming in Ireland, providing as much flexibility as possible to farmers. To benefit from payment under the direct aid schemes, the land must be eligible and must also be in a state fit for grazing. In Ireland, we have decided the most appropriate mechanism to provide for this is to define those characteristics to be met by an agricultural area to be deemed maintained in a state suitable for grazing. It was decided to use this approach having analysed and discussed all the other options open to member states under the regulations governing the direct aid scheme.

What does this mean in practice? It means the Department has set out the characteristics of the land if it is to be deemed maintained in a state suitable for grazing and cultivation. It would be a matter for individual farmers to decide how to best maintain their land in such a state. It can be achieved by growing crops on the land, grazing land in the normal traditional manner or using mechanical means to ensure the land is in the correct state. As regards eligibility, there are no issues with most of the land declared by farmers in Ireland. This is land used for production, rearing or growing of agricultural crops and products.

Questions arise in the case of some marginal land where, in some instances, very little maintenance is carried out by the applicants farming the land. To assist these farmers in particular, the Department is publishing an eligibility booklet in which details of the characteristics of the agricultural land that will be deemed to be in a state fit for grazing or cultivation will be outlined. A copy of this booklet will be issued in the coming days to all farmers. It will also be e-mailed to all agricultural advisers and consultants who assist farmers in submitting their direct payment applications. The Department is also arranging to hold training sessions on land eligibility for advisers and consultants starting this week.

The booklet deals with land that is and is not eligible for payment. It covers, for example, land with rushes, ferns and heather and outlines the characteristics of each land type that would deem it eligible or ineligible for payment. Individual farmers will be able to compare the characteristics of the land from the booklet and accompanying photographs with the state of their land and form the view of what is eligible or not for payment purposes under the basic payments scheme.

I would like to take this opportunity to clarify the eligibility requirements in respect of Natura 2000 lands. These include special areas of conservation, SACs, under the habitats Directive and special protection areas, SPAs, under the birds directive. Under the regulations the following Natura areas, while they are ineligible, will continue to benefit from payment under the basic payments scheme: the area in question was declared on the 2008 single payment form, the area was declared as eligible under the 2008 scheme, the applicant was paid under the 2008 single payment scheme, or the ineligible area was as a result of the SPA or SAC limitations under the habitat management plan.

There is also some flexibility on the inclusion of ineligible areas in parcels with scattered scrub. The EU regulations provide for the use of a pro rata system to facilitate area exclusions in areas with scattered scrub where it is not practical to measure and map them individually. The regulations provide for the use of a number of categories with fixed reduction coefficients for fixed ranges of scrub. There is also a provision whereby if scattered rock or scrub accounts for less than 10% of the area of the parcel, there is no reduction in the area eligible for payment.

Turning to the question of burning, let me emphasise my Department's total opposition to uncontrolled burning. Such burning damages the environment, puts lives at risk and damages property. The Department can accept burning that is carried out in a controlled manner in full compliance with all relevant environmental and any other lawful requirements, where the Garda and local fire services were first consulted and notified. In the case of non-controlled burning, the land that is burned will not be deemed to be in a state suitable for grazing or cultivation and will therefore be ineligible for payment in the year of burning.

As I have said before, this is a very important year for farmers submitting their applications under the direct payment scheme. Under the EU regulations, new payment entitlements will be allocated to farmers in respect of the basic payment scheme. The number of entitlements to be allocated will be based on the number of eligible hectares declared in 2013 or 2015, whichever is the lower. To protect their payments under the basic payment scheme for the duration of the regime, farmers should ensure the areas they declare for payment in 2015 are fully eligible. It is a matter for individual farmers to ensure they fully protect themselves in respect of the declarations that are made. The eligibility booklet will be of benefit to farmers in arriving at these conclusions.

Let us not forget that it is still open to all farmers to take the necessary actions, including by grazing or by mechanical means, to ensure the land they declare in 2015 is eligible for payment. I will now hand over to my colleague, Dr. Al Grogan, who will give a short presentation.