Emmet Stagg (Kildare North, Labour)
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Question 90: To ask the Minister for Agriculture, Fisheries and Food if he will implement a warning system rather than an immediate penalty for farmers who are inspected by his Department on behalf of local authorities; and if he will make a statement on the matter. [16924/10]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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This year, in an effort to minimise duplication of farm inspections, my Department agreed to carry out some 1,500 farm inspections under the GAP regulations on behalf of the Department of Environment, Heritage and Local Government.

The EU regulations governing cross-compliance, which includes the Nitrates directive, set out a range of percentage reductions for non-compliance. Where non-compliance results from negligence on behalf of the farmer a 3% reduction may be applied but this can be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the infringement. If the non-compliance were repeated within a 3 year period a multiplier of 3 must be applied. In the case of intentional infringement a 20% reduction is proposed but this could be reduced to 15% or increased to 100% depending on the extent, severity and permanence of the infringement.

EU regulations provide that where minor cases of non-compliance are detected a tolerance may be applied provided the farmer takes remedial action to correct the situation within a given timeframe. My Department applies this tolerance provision where appropriate.