James Bannon (Longford-Westmeath, Fine Gael)
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Question 463: To ask the Minister for Agriculture, Food and the Marine the reason a contract of sale entitlements without land under [i]force majeure[/i] in the 2005 scheme year and was expected to be received in 2007 has not been forthcoming in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [12784/12]

Simon Coveney (Cork South Central, Fine Gael)
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Single Payment entitlements were established for the person named based on his farming activity in the 2000 – 2002 reference period. The person named did not use his entitlements in 2005, the first year of the Scheme, as he had leased out his land. He then applied to sell his entitlements without land under the 2005 scheme year. EU Regulations allowed for the sale of entitlements by Private Contract Clause before 16 May 2005 where the land was also being sold. As this was not the case, the person named was informed that it was not possible to process the requested transfer under the 2005 scheme year.

The facility to sell entitlements without land only came into force in 2006 once the Scheme had been established and the entitlements had been used. EU regulations provided that, except in cases of force majeure, entitlements could only be sold without land once 80% had been used in one scheme year. While the person named did not meet the 80% usage requirements in that he had not used his entitlements under the 2005 scheme, he applied for force majeure on medical grounds. This application was successful and the person named duly sold 57 Single Payment entitlements under the 2006 scheme year.