Dan Neville (Limerick West, Fine Gael)
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Question 626: To ask the Minister for Agriculture and Food the position regarding the payment of 2004 beef premium for three cattle to a person (details supplied) in County Limerick. [10419/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named lodged three applications under the 2004 EU special beef premium scheme, one on 2 January 2004 in respect of two animals, one on 1 September 2004, in respect of 14 animals and one on 31 December 2004 in respect of one animal. Payment in full has issued in respect of the first application. Payment in respect of 11 of the 14 animals applied on under the application dated 1 September 2004 has issued in full. The remaining three animals applied on were slaughtered on 27 October 2004 inside the regulatory two month retention period.

Under the terms and conditions of the 2004 EU special beef premium scheme, applicants were required to "own, possess, hold and maintain" the animals applied on for the entire two month retention period, starting on the day after the application is received by the Department. By letter dated 16 September 2004 the person named was advised that this application had been received on 1 September 2004, the retention period would expire on 2 November 2004 and the first date on which any of the animals included on the application could be sold was 2 November 2004.

By letter dated 13 January 2005 the person named was advised that, as the animals in question were slaughtered during the regulatory two month retention period, no payment would be made on the animals and a penalty would be applied in accordance with the terms and conditions. The person named subsequently appealed this decision and, by letter dated 28 February 2005, following consideration of the appeal, was advised that in light of new evidence the penalty as initially proposed would not now apply. However, as the animals were not retained for the regulatory two month retention period, premium cannot be paid. The animals were, therefore, deleted from his application, without penalty, and counted for stocking density purposes, as required. Payment in full has issued in respect of the third application.