Michael Lowry (Tipperary North, Independent)
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444. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 300 of 15 October 2013 if he will review the answer given in view of the fact that it has now been proven to be incorrect; the reason a fine was administered in this case in view of the fact that it was subsequently repaid; the way it was determined that there was an intentional over-declaration of 20% in this case; and if he will make a statement on the matter. [33253/14]

Simon Coveney (Cork South Central, Fine Gael)
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The 2012 Single Farm Payment/Disadvantaged Areas’ Scheme application was selected for a Ground Eligibility inspection. This inspection initially identified discrepancies between the area declared and the area found resulting in an intentional over-declaration in area of greater than 20% being determined. This resulted in no payment being made in respect of the Single Payment Scheme and in addition an administrative fine was applied.

The person named sought a review of this decision and during this review process the application of the administrative fine was examined. Following a review of the applicable EU legislation and the receipt of legal advice from my Department’s Legal Services Division , it was determined that the application of the administrative fine was incorrect given that the area of the intentional non-compliance was less than 3%. Following this determination , arrangements were immediately put in place to refund the value of the administrative fine applied. The amount of €56,640.64 issued to the person named on 20 December 2013.