Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 654: To ask the Minister for Agriculture and Food if a farmer is entitled to stack entitlements granted under the single farm payment [i]force majeure[/i] scheme; and if she will make a statement on the matter. [1379/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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My Department has received confirmation from the European Commission that farmers who have benefited under any of the measures introduced as part of the single payment scheme such as force majeure can apply to consolidate their entitlements provided they satisfy the provisions set out in the relevant EU Regulations.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 655: To ask the Minister for Agriculture and Food if a farmer is entitled to stack entitlements granted under the single farm payment national reserve scheme; and if she will make a statement on the matter. [1380/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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My Department has been in contact with the European Commission with a view to clarifying certain aspects of the single payment scheme regulation, including the question raised by the Deputy and we are awaiting a reply at present. The Deputy will appreciate that Ireland took the lead in Europe in setting up the single payment scheme and, consequently, certain technical and legal issues were bound to arise which will require ongoing clarification.

Under Articles 13(4) and 18(2) of European Commission Regulation 795/2004 it appears that a farmer who meets the condition for applying under two or more specific provisions under the regulations governing the single payment scheme, may receive the benefit of the most advantageous single provision only. This would indicate that in certain situations a farmer may not be allowed to consolidate — stack — entitlements allocated from the national reserve. For example, if a farmer receives an allocation of entitlements from the national reserve under category B based on the fact that he/she had leased in land on a long-term lease during the reference period, then it would appear that he/she would not be allowed stack his/her entitlements as the benefit of the leased in land has already been received in his/her allocation of entitlements from the reserve.

As soon as remaining issues have been clarified by the European Commission my Department will publish guidelines for farmers who may be thinking about availing of the stacking arrangements for 2005.