Dara Calleary (Mayo, Fianna Fail)
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Question 466: To ask the Minister for Agriculture, Food and the Marine if he will confirm that all farmers with commonage lands who are leaving the REP scheme programme will be eligible for continued full payments under the single farm payment scheme for their commonage lands. [37437/11]

Simon Coveney (Cork South Central, Fine Gael)
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As you are aware, 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. In that regard payments may only be made under the Single Payment Scheme in respect of eligible areas of land. 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.

Since payments under the Single Payment Scheme may be made only in respect of eligible land 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).

While the rules governing land eligibility 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.

For land to be eligible a number of further conditions have to be complied with. 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 ineligible land, or any land used for non-agricultural purposes (golf courses, etc.).

Where commonage land applied on by applicants under the Single Payment Scheme meets the criteria set out above payments will be made under that Scheme.