Seán Kyne (Galway West, Fine Gael)
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365. To ask the Minister for Agriculture, Food and the Marine his views on whether he feels the present penalty regime for over declaration of lands should be altered as the penalty imposition for over declaration of forage areas in excess of 3% is harsh, especially in disadvantaged areas where there is a large level of scrub encroachment especially on lands in designated areas and on farms previously in REP schemes. [48099/13]

Simon Coveney (Cork South Central, Fine Gael)
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Payments under the Single Payment Scheme, Disadvantaged Areas Scheme and other area-based schemes may be made only in respect of eligibleland and applicants are obliged annually to declare the land parcels available to them; details of the eligible area of the land parcels are recorded on my Department's Land Parcel Identification System (LPIS). Details of the use and area claimed for each of some one million parcels on the LPIS system are registered and continually monitored by my Department.

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. Applicants under either/both the Single Payment Scheme and/or the Disadvantaged Areas Scheme are obliged to maintain the land declared in Good Agricultural and Environmental Condition for the period 1 January to 31 December of the year of application.

The regulatory penalties applicable to the Single Payment Scheme and the Disadvantaged Areas Scheme are contained in EU Regulations 1122/2009 and 65/2011, respectively. While Member States have sought to have these penalties amended the EU Commission has steadfastly maintained its position and is unlikely to alter its views.