Pat Breen (Clare, Fine Gael)
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457. To ask the Minister for Agriculture, Food and the Marine when a decision on agri environment option scheme appeal will issue in respect of a person (details supplied) in Count Clare; and if he will make a statement on the matter. [39304/13]

Simon Coveney (Cork South Central, Fine Gael)
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The person named was approved for participation in the 2011 Agri-Environment Options Scheme with effect from the 1^st September 2011 and full payment totalling €1,329.95 issued in respect of 2011.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. The person named was selected for a on-the-spot AEOS inspection which took place on 30^th November 2012. During this inspection, areas of non-compliance with the terms and condition of the scheme were noted in relation to the Species Rich Grassland action which resulted in a penalty being incurred. On 26^th March 2013, a letter issued to the person named informing him of this and outlining his appeal option. To date, there is no record of an appeal of this decision having been received by officials in my Department. The application is being processed on the basis of the inspection findings and payment will issue shortly.

Patrick O'Donovan (Limerick, Fine Gael)
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458. To ask the Minister for Agriculture, Food and the Marine the position regarding an appeal of agri-environment option scheme application in respect of a person (details supplied) in County Donegal; and when a decision will issue on same. [39317/13]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the Agri-Environment Options Scheme from the person named was received in my Department on 4^th December 2012.

The process of ranking and selecting all AEOS applicants was clearly set out in the scheme documentation. Acceptance into the scheme was established using the predetermined selection criteria as follows:

1. farmers in the Boora region of Co. Offaly who chose Wild Bird Cover Option B (Grey Partridge) as one of their selected options,

2. farmers with a minimum of 0.5 hectares of designated land,

3. farm partnerships,

4. farmers who previously participated in REPS commencing with smallest farms and

5. others based on farm size (again favouring smaller holdings).

Based on the funding available farmers in category 4 with 22.06 hectares of utilisable agricultural area and below were successful. Category 4 farmers with areas greater than this and all farmers in category 5 were unsuccessful. The person named comes under category 5 as he had not previously participated in REPS. On this basis a letter issued to the person named on 27^th May informing him that he was not successful and setting out the reasons. The person was also informed of right of appeal to AEOS Section. An appeal was received from the person named and he has been advised that his appeal was unsuccessful. He has been informed of the right to appeal this decision to the Agriculture Appeals Office.