Tom Fleming (Kerry South, Independent)
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28. To ask the Minister for Agriculture, Food and the Marine if he will review the penalty process for single farm payments and disadvantaged area scheme payments, as farmers are being unfairly penalised on lands that were formerly qualified but due to weather conditions and other factors beyond their control due to these penalties, and, in some cases, no payment, many of these farmers will be forced out of business. [48284/13]

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 eligible land 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.

Having said that, with the relatively high rainfall over the last year, there was genuine concern among farmers in respect of their ability to meet the various cross compliance requirements. Insofar as EU rules allow, every effort has and is being made to take account of this and other factors during inspections and mitigating factors such as the inordinate level of rainfall during certain time periods have been taken into account.