Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 313: To ask the Minister for Agriculture, Fisheries and Food the number of farmers who availed of the facility where they had one set of single farm payment entitlements of equal value and where the usage of entitlements was rotated annually in each of the years 2005, 2006 and 2007; the value of payments made to this category of applicant in each respective year; the regulation which facilitated this process; the mechanism by which they could sell or lease such entitlements; the reason for providing such a facility; and if she will make a statement on the matter. [28412/07]

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 314: To ask the Minister for Agriculture, Fisheries and Food the number of farmers who availed of the facility where they had two or more sets of single farm payment entitlements of different values and where the usage of entitlements was rotated annually in each of the years 2005, 2006 and 2007; the value of payments made to this category of applicant in each respective year; the regulation which facilitated this process; the reason for providing such a facility; and if she will make a statement on the matter. [28413/07]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 313 and 314 together.

The operation of the Single Payment Scheme in Ireland, as in the case of other European Union Member States, is governed by the provisions of Council Regulation (EC) No 1782/2003, Commission Regulation (EC) No 795/2004 and Commission Regulation (EC) No 796/2004. The European Commission confirmed to my Department that under the provisions of these Regulations a farmer, who declares less eligible hectares than the number of payment entitlements he or she holds, is legally entitled to claim (utilise) different entitlements from the same set of entitlements each year thus ensuring that he does not lose entitlements to the National Reserve because of non usage. The processing and payment system maintained by my Department recognizes this right.

This arrangement could not be applied in cases where farmers had two or more sets of entitlements at different values. These farmers were allowed to nominate the entitlements that they wanted to use each year so as to avoid the forfeiture of entitlements to the National Reserve for non-usage. In the time available it has not been possible to determine the total value of payments made in 2005, 2006 and 2007 in these situations. I will arrange to have this information made available to the Deputy as soon as it becomes available.

Under the provisions of Article 45 of Council Regulation (EC) No 1782/2003, any payment entitlement that was not used for 3 years must, unless in cases of force majeure, be surrendered to the National Reserve. My Department is currently commencing a review of all cases where entitlements were not used in 2005, 2006 and 2007. This includes cases where a person activated his or her entitlements by submitting a Single Payment Scheme application in 2005 and did not declare any eligible hectares in any of the three years in question.

My Department will write to all of the farmers involved and they will be given an opportunity to submit written observations for consideration before a final decision is made to permanently surrender their entitlements to the National Reserve. The final outcome in relation to the level of unused entitlements will not be known until this process is complete.

Article 46 of Council Regulation (EC) No 1782/2003 deals with the provisions covering the transfer of entitlements. Payment entitlements can be transferred by sale with or without land but can only be sold without land once 80% have been used (declares one hectare of eligible land for each entitlement) in one calendar year. There is provision in this Article that if a farmer does not meet the 80% requirement, he or she can sell entitlements without land only after he has surrendered all of the unused entitlements in the first year of operation of the scheme (2005 in Ireland's case). Payment entitlements may only be leased out (by lease or rental agreement) if they are accompanied by an equivalent number of hectares of eligible land.

Dinny McGinley (Donegal South West, Fine Gael)
Link to this: Individually | In context

Question 315: To ask the Minister for Agriculture, Fisheries and Food when a single farm payment will be made to persons (details supplied) County Donegal. [28438/07]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

An application was received on 30 October 2007 requesting a transfer of entitlements from the first person named to the joint names of the first and second persons named. As this application was received several months after the closing date for such applications, the persons named included a letter outlining the reasons for the delay. While the reasons for the delay have been accepted, it was noted that essential details were omitted from the application form and the form has been returned to the persons named for completion. On return of the completed application form, the requested transfer will be processed and payment will issue in due course.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
Link to this: Individually | In context

Question 316: To ask the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Roscommon was not approved allocation under the national reserve; if she will review the decision; and if she will make a statement on the matter. [28494/07]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

The person named submitted an application for an allocation of entitlements from the 2006 Single Payment Scheme National Reserve under Category A.

Category A caters for farmers who inherit, lease or receive land free of charge or for a nominal amount from a farmer who had retired or died by 16 May, 2005 and where the land was leased out by the original owner during the reference period 2000 to 2002. The person named has been deemed unsuccessful under this category as the land on which the application was based was leased out by the applicant during the reference period 2000 to 2002 and not by the original owner as required by the conditions governing the National Reserve.

A letter outlining my Department's decision issued to the person named on the 22nd October, 2007. The person named submitted an appeal against this decision on 1st November, 2007. The case was subsequently reviewed but it was considered that there were no grounds to effect a change to the original decision. This case has now been forwarded to the Independent Single Payments Appeals Committee who will carry out a full review of the case. The Independent Single Payments Appeals Committee will correspond directly with the person named following the outcome of their review.

Tom Hayes (Tipperary South, Fine Gael)
Link to this: Individually | In context

Question 317: To ask the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Tipperary. [28516/07]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

The person named holds a total of 14.71 standard entitlements. He submitted an application to transfer 2.71 standard entitlements for 2007 to a third party by way of a one-year lease with land. The person named was requested to provide certain additional information. This was duly received and this application has now been fully processed. These 2.71 entitlements will revert to the person named at the end of the one-year lease.

As the person named has declared 12.14 hectares of land on his Single Payment application, he will receive full payment under the 2007 Scheme year for his remaining 12.00 standard entitlements. Payment will issue shortly.