Michael Healy-Rae (Kerry South, Independent)
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176. To ask the Minister for Agriculture, Food and the Marine the reason a repayment has been requested in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [43932/13]

Simon Coveney (Cork South Central, Fine Gael)
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The holding of the person named was subject to a Cross Compliance inspection on 15 November 2011. As part of this process the person named was requested to submit to the Department specific records, as required under the Nitrates Regulations, within 2 weeks of the date of the inspection.

The analysis of these records firstly indicated that the records were submitted after the deadline and secondly that there was insufficient storage capacity on the holding of the person named for the volume of organic fertiliser/livestock manure being generated. As a result a 20% penalty was applied against the 2011 Single Payment Scheme of the person named. The person named was informed of this decision on 29 August 2013.

As payment had already been made in respect of the 2011 Single Payment Scheme, an overpayment was recorded and officials from my Department contacted the person named on 8 October 2013 to explain how the monies owing could be repaid.

The person named has appealed the penalty decision and this request for a review is currently being examined. The person named will be notified of the outcome as soon as possible. In the event that the person named is dissatisfied with the outcome of the review, the decision can be appealed to the independent Agriculture Appeals Office within 3 months.