Tom Hayes (Tipperary South, Fine Gael)
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Question 535: To ask the Minister for Agriculture, Food and the Marine the position regarding an appeal on a decision to entitlements under the single farm payment scheme in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [5078/12]

Simon Coveney (Cork South Central, Fine Gael)
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Under the Nitrates Regulations, farmers are required to maintain certain records for each calendar year and to keep these records for five years. As part of a Cross Compliance Nitrates inspection carried out on the 21st of November 2008 the person named submitted such records to the Department.

During a subsequent evaluation of these records the maximum fertilisation rate for available Phosphorus was found to have been exceeded in contravention of the Nitrates regulations and a 3% penalty was recorded. The person named was informed of this decision on the 2nd of November 2011 and of his right to seek a review. He was also informed of his right to appeal the outcome of a review to the Independent Agriculture Appeals office. The 3% penalty was deducted from the 2011 payment due to the person named. There is no record of a request for a review of this decision.