Michael Lowry (Tipperary North, Independent)
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Question 163: To ask the Minister for Agriculture and Food further to Parliamentary Question No. 207 of 25 May 2006, if a decision has been made on an appeal by a person (details supplied) in County Tipperary for payment under the National Reserve; if and when payment will be granted; and if she will make a statement on the matter. [31440/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for an allocation of entitlements from the Single Payment Scheme National Reserve under Category D.

Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year. The person named did not qualify for this category as he commenced farming prior to the reference period 2000-2002. A formal letter setting out my Department's decision issued to the person named which was subsequently appealed. This appeal has now been forwarded to the Independent Payment Appeals Committee who will carry out a full review of the case and will correspond directly with the person named following the outcome of the review.

My Department has also carried out a full review of the application from the person named under the Force Majeure measure of the Single Payment Scheme. A decision has been made that his entitlements will now be based on the alternative reference period 1997-1999 and a formal letter will issue to the person named in due course.

Michael Lowry (Tipperary North, Independent)
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Question 164: To ask the Minister for Agriculture and Food if an allocation for payment entitlements from the 2005 single farm payment national reserve have been granted to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [31441/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person named submitted an application for an allocation of entitlements from the Single Payments Scheme National Reserve under category C.

Category C caters for farmers who sold the milk quota into the Milk Quota Restructuring Scheme and converted their enterprise to a farming sector for which a direct payment under Livestock Premia/or Arable Aid Schemes would have been payable during the reference period 2000 to 2002. The person named was unsuccessful as he was not an Active Milk Producer up to the date of sale of his Milk Quota.

A formal letter setting out my Department's decision issued to the person named.

If the person named is dissatisfied with my Department's decision in relation to the National Reserve, he has the opportunity to appeal this decision to the Independent Payment Appeals Committee. An appeals application form isavailable from any of my Department's officesor on the Department website at www.agriculture.gov.ie.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 165: To ask the Minister for Agriculture and Food the further developments following Parliamentary Question No. 382 of the 27 June 2006. [31446/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Single Payment Appeals Committee examines appeals in relation to the decisions of the Department of Agriculture and Food corresponding to the implementation of the various facets of the Single Payment Scheme.

The Agriculture Appeals Office received the appeal from the person named on 2nd October 2006. Appeals are dealt with in the order in which they are received. The case in question has been scheduled for inclusion in the next Single Payment Appeals Committee meeting. Following the hearing and consideration of the facts of the case, the Single Payment Appeals Committee will issue their decision to the appellant.

David Stanton (Cork East, Fine Gael)
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Question 166: To ask the Minister for Agriculture and Food the way in which farmers who do not fit into either category A or category B will be treated under the single farm payment scheme and the various categories in the 2006 National Reserve; if force majeure will be applied especially where people had land leased in 2005; if it is possible for 2005 entitlements to be topped up; and if she will make a statement on the matter. [31447/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that unlike the 2005 National Reserve Scheme, when there was a number of mandatory categories to be catered for, this year there is only one mandatory category — Category A. This category caters for farmers who inherited, leased or otherwise received free of charge, or for a nominal amount (€100 per hectare), from a farmer who retired or died before 16 May 2005, a holding that was leased out to a third party during the 2000-2002 reference period.

Following consultations with the Single Payment Advisory Committee (comprising representatives from the farming organisations and Teagasc), I also decided to include a non-mandatory category in the 2006 National Reserve. This category (category B) caters for farmers who commenced farming after 31 December 2002 or who, while farming during 2002, did not receive any direct payments in respect of that year. The income and educational qualification that applied in 2005 will again apply to this category. In addition, new entrants who are farming leased/rented land will be eligible for an allocation provided they can demonstrate a genuine commitment to farming. In this context the leased/rented land must have been declared on the 2004 Area Aid application and on the 2005 and 2006 Single Payment Scheme applications.

In addition to the above, successful applicants under category C of the 2005 National Reserve (those who participated in the milk restructuring scheme and converted to a farming sector for which a direct payment would have been payable during the reference period) will now be eligible for a top-up from the 2006 National Reserve to reflect the increased value of the Dairy Premium in 2006. My Department will automatically apply this top-up and therefore the farmers concerned need not make application to the 2006 National Reserve. Separate arrangements concerning a National Reserve category for Sugar Beet farmers will be announced separately later on.

There is no provision for the application of Force Majeure to farmers who had land leased during 2005 where the land in question is no longer available to them. However, where a farmer was leasing land during the reference period 2000-2002 and the lease agreement has now expired, the farmer in question may be eligible to consolidate his/her entitlements for 2006.