Michael Lowry (Tipperary North, Independent)
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Question 343: To ask the Minister for Agriculture and Food the position regarding a super levy fine imposed on a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [38751/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal examines and makes recommendations on applications for additional quota from individual producers. The tribunal also considers applications from producers whose herds have been restricted by animal disease, TB or brucellosis, during the quota year.

The person named submitted an application on the grounds of animal disease in the 2004-05 year. The tribunal examined the application in December 2004 and a temporary allocation of 46,800 litres of additional quota was granted on that occasion. The person appealed this decision and in common with other appeals for the 2004-05 year, the tribunal reviewed the application when the full year's production was known. It recommended an additional allocation of 15,000 litres which was granted and notified to the person in May 2005.

The allocations made are intended to mitigate to the greatest degree possible the impact of the animal movement restriction on producers. However, given the very high demand in 2004-05 it was not possible to remove all the levy liability for restricted producers. It is not possible at this stage to grant any additional quota to the named person or to otherwise reduce the super levy bill for the 2004-05 milk quota year.