Éamon Ó Cuív (Galway West, Fianna Fail)
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412. To ask the Minister for Agriculture, Food and the Marine the penalties that have been assessed against a person (details supplied) in County Galway; the reason the penalties have been applied; the scheme years to which the penalties apply; and if he will make a statement on the matter. [52629/13]

Simon Coveney (Cork South Central, Fine Gael)
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The person named submitted a Single Farm Payment/Disadvantaged Areas’ Scheme application on 16 April 2013. EU regulations governing the administration of the schemes require that full and comprehensive administrative checks, including in some cases farm inspections, be completed before any payments issue.

The application of the person named was selected for a ground eligibility/cross compliance inspection.

The ground eligibility inspection identified discrepancies between the area declared and the area found, resulting in an over-declaration in area of between 3% and 20%. Based on the Terms and Conditions of the schemes, this results in the 2013 payments being based on the found area having being reduced by double the difference between the area found and the area claimed.

The cross compliance inspection identified breaches relating to requirements applying to the Nitrates Regulations in relation to the stockpiling of farmyard manure, resulting in a 20% penalty. Further breaches were identified relating to the requirement to maintain land in Good Agricultural and Environmental Condition in relation to lands being poached by animals leading to soil erosion and the direct discharge of slurry to groundwater, resulting in a 20% penalty. The combined penalties results in a total cross compliance penalty of 40% being applied to the 2013 payments.

The person named was notified of these decisions on 20 September 2013 and 20 November 2013 respectively. The person named was also informed of the right to seek a review of these decisions. In the event that the person named in dissatisfied with the outcome of any review, the decision can be appealed to the Independent Agriculture Appeals Office, within 3 months.

Payment of the advance and balancing payments under the 2013 Single Payment Scheme, on the basis set out above, issued to the nominated bank account of the person named on 14 November and 2 December 2013, respectively. Payment under the Disadvantaged Areas’ Scheme, on the basis set out above, issued on 25 November 2013.