Michael Creed (Cork North West, Fine Gael)
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258. To ask the Minister for Agriculture, Food and the Marine when a decision will issue on an appeal in respect of a person (details supplied) in County Cork in respect of a 5% penalty on their 2013 single farm payment; and if he will make a statement on the matter. [42948/14]

Simon Coveney (Cork South Central, Fine Gael)
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A review of the land parcels declared by the person named under the 2013 Single Payment Scheme revealed that several of the land parcels declared contained ineligible features. Following a review of my Department’s decision, sought by the person named, a visit by a Department official to verify the position on the ground is necessary. The person named will be advised, in writing, of the findings of the verification visit as soon as possible following the visit. In relation to the 5% Cross Compliance penalty, the Department’s records indicate that in 2013, the amount of nitrogen from livestock manure applied to land on the holding of the person named, including that deposited by animals, was 251 kgs per hectare, which exceeded the limit of 250 kgs per hectare set down in the Nitrates Regulations for a derogation farmer. This resulted in a 5% penalty being applied against the 2013 Direct Scheme payments.

The person named has appealed this decision on the basis that the Single Payment Scheme eligible area used in the nitrates calculations does not include all the lands farmed. On completion of the review of the eligible area for 2013, referred to above, my Department will further review the imposition of the 5% penalty for exceeding the 250 kg limit.