Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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202. To ask the Minister for Agriculture, Food and the Marine if he will clarify the regulations from the EU and or from his Department regarding the fencing of non-commonage land in special areas of conservation and in special protection areas. [52309/13]

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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203. To ask the Minister for Agriculture, Food and the Marine the criteria applied to retention of single farm payment for lack of fencing on non-commonage land in special areas of conservation and special protection areas. [52310/13]

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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204. To ask the Minister for Agriculture, Food and the Marine if he will clarify the regulations of the National Parks and Wildlife Service regarding the fencing of non-commonage land in special areas of conservation and special protection areas. [52311/13]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 202 to 204, inclusive, together.

My Department, in the context of delivering the Single Payment Scheme, Disadvantaged Areas Scheme and other area-related schemes, is required to carry out a comprehensive set of administrative and on the ground checks to ensure that all scheme requirements are fulfilled before any payment issues.

As the Deputy is aware, in the case of exclusively owned land, a permanent fence will normally define the area to be measured. The fencing requirement is one of a number of measures provided for to deter fraudulent claims.

However, the situation may be different in the case of hill land. In such situations, if my Department is satisfied that as the lands in question continue to be actively farmed in the traditional manner by hill farmers in compliance with the requirements of the EU Regulations governing the Direct Payment Scheme, the issue does not arise.

Furthermore applicants, who apply under the Single Payment Scheme, Disadvantaged Areas Scheme and other Direct Payment Schemes, must adhere to the requirements of the Birds Directive (79/409EEC) and the Habitats Directive (92/43EEC).