Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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286. To ask the Minister for Agriculture, Food and the Marine if he will clarify the precedence of two scenarios in respect of the European Union birds and habitats directives (details supplied); and if he will make a statement on the matter. [10440/15]

Simon Coveney (Cork South Central, Fine Gael)
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Applicants under the Direct Payment Schemes, including the Basic Payment Scheme, are required to comply with the provisions of the EU legislation giving rise to these payments. All applicants are required to comply at all times with the provisions provided for under Cross Compliance for each Statutory Management Requirement, including the EU Birds and Habitats Directives. Applicants are also required to comply with the standards required under Good Agricultural and Environmental Condition on their agricultural area.

Where an applicant is found not to be in compliance with a Good Agricultural and Environmental Condition standard and a requirement under a Statutory Management Requirement in respect of the same issue, the non- compliance under the Statutory Management Requirement takes precedence.

Applicants are also required to conduct a sufficient level of agricultural activity on all agricultural areas declared for aid. Such activities include the production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes and maintaining an agricultural area in a state which makes it suitable for grazing or cultivation.

Where an officially approved environmental management plan under the Birds or Habitats Directives requires certain management practices to be conducted on agricultural areas, such management practices will take precedence in determining the level of agricultural activity to be conducted on agricultural areas declared for payment.