Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 270: To ask the Minister for Agriculture, Fisheries and Food if he has introduced a new stricter interpretation of what is eligible land for the single farm payment, different from that during the initial reference period of 2000 to 2002 with the result that many farmers are finding it difficult to avail of the payment; and if so, if he will reverse this stricter interpretation. [8265/11]

Simon Coveney (Cork South Central, Fine Gael)
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Payments under the Single Payment Scheme may be made only in respect of eligible land and applicants under the Scheme are obliged annually to declare the land parcels available to them. Details of the eligible area of the land parcels are recorded on the Department's Land Parcel Identification System (LPIS). Details of the use and area claimed for each of some one million parcels on the LPIS system are registered and continually monitored by the Department.

While the rules governing land eligibility and penalties to be applied are defined in EU Regulations (which, for ease of reference, are detailed in the Scheme Terms and Conditions booklet that issues to all applicants), it is the responsibility of all applicants to ensure that the details in each year's application are accurate. Therefore, applicants are advised of the need to confirm their right to declare such parcels and to make the appropriate deductions (e.g. in respect of houses, farm buildings, roadways, scrub, etc.) to the area of eligible parcels, as necessary.

In order to draw down full SPS payment, applicants must have an "eligible hectare" to accompany each entitlement. In this context, an "eligible hectare" is land that is used for an agricultural activity and includes land used to grow cereals, oilseeds, short rotation coppice, miscanthus, protein crops, sugar beet, maize, fodder beet, turnips, mangolds, kale, grass for silage or hay or grazing. While there is no obligatory set-aside, arable land may of course be claimed as Green Cover, Fallow or Regeneration if this best suits the applicant's farming practice.

For land to be eligible a number of further conditions have to be complied with namely:

The land must be used and managed by the applicant. The land must be suitable for and compatible with the farming enterprise.

There must be independent access for animals and/or machinery. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land is not acceptable.

There must be appropriate fencing for the farming enterprise. Appropriate fencing means stock-proof fencing that will control the applicant's animals and also the neighbouring farmer's animals. In mountain/hill areas this generally means sheep fencing.

There must be defined external boundaries except in the case of commonage.

If, at inspection, the applicant claims to be farming the land with animals then the type of animals must be appropriate to the land and there must be handling facilities available to meet the animals' welfare requirements.

Practically all agricultural land is now eligible for SPS payments with the exception of land under permanent crops, forestry that was planted prior to 2009 with the exception of Forestry Set-aside, forestry planted on eligible land, or any land used for non-agricultural purposes (golf courses, etc.).

The Single Payment Scheme is fully funded by the European Union and the relevant Competent Authorities in each Member State are obliged to ensure that the requirements of the governing EU Regulations are observed and that only valid applications that fully comply with the requirements are paid. The administration of the Scheme in each Member State is subjected to close scrutiny by officials of the EU Commission and the EU Court of Auditors to ensure that the regulatory requirements are met and that the Schemes are applied in a uniform manner across the European Union.

John O'Mahony (Mayo, Fine Gael)
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Question 271: To ask the Minister for Agriculture, Fisheries and Food when a decision will issue on an appeal in respect of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [8295/11]

Simon Coveney (Cork South Central, Fine Gael)
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The application failed the environmental profile check and a letter issued informing the person named that he was ineligible for the scheme. The person named submitted an appeal and based on the additional information supplied the applicant was informed that the appeal was successful. A letter notifying the person named of this decision has now issued.