Written answers

Thursday, 7 May 2015

Department of Agriculture, Food and the Marine

Agriculture Schemes Eligibility

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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92. To ask the Minister for Agriculture, Food and the Marine if farmers whose mountain land is accidentally burnt before 15 May in any year will be eligible for payment under the basic farm payment scheme and the greening scheme on the basis of force majeure in that year; to set out the situation that would arise if a third party, without the permission of the land holders, started a fire on the land; and if he will make a statement on the matter. [18074/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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All applicants under the Basic Payment Scheme, the Greening Payment and other area based schemes are obliged to comply with the EU Regulatory requirements on land eligibility. In order to benefit from payment under the Direct Payment Schemes the land must be eligible and must be maintained in a state suitable for grazing or cultivation.

The Wildlife Acts prohibit the burning of growing vegetation within the state between 1stMarch and 31stAugust of any given year. Controlled burning undertaken in full compliance with all of the relevant environmental legislative and other lawful requirements can be acceptable. In the case of Natura lands, i.e. lands designated as SAC and/or SPA, prior approval must be obtained under the Activities Requiring Consent (ARC) system as implemented by the National Parks and Wildlife Service.

Where burned lands are found at inspection by my Department officials or where cases are brought to the attention of my Department, a full evaluation will be undertaken on a case-by-case basis.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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93. To ask the Minister for Agriculture, Food and the Marine if the same rules on eligibility of land that will apply to special areas of conservation and special protection areas under the basic farm payment and greening schemes will also apply to natural heritage areas; and if he will make a statement on the matter. [18075/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The provisions of Article 32 (2) (b) (i) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council are clear in that they cover areas, which are no longer eligible for payment under the Basic Payment Scheme, of Special Areas of Conservation (SAC), Special Protection Areas (SPA) and the Water Framework Directive. I have, however, arranged for my officials to raise the issue of the Natural Heritage Areas, which are not covered in Article 32, with the EU Commission.

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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94. To ask the Minister for Agriculture, Food and the Marine in view of the new pro rata system being introduced for exclusion of scrub land and so on from eligibility as forage area for the new basic farm payment scheme and the greening scheme to outline his plans to re-issue the maps issued to farmers this year, with reference areas calculated under the old system, and replace them with maps showing the reference areas calculated under the new pro rata system; if extra time will be provided to farmers to re-adjust their applications in line with the new pro rata system; and if he will make a statement on the matter. [18076/15]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The new pro-rata system and the use of the Reduction Coefficient applying to land parcels with scattered scrub are fully explained in the Land Eligibility booklet, which is being issued to all farmers. In essence, the assessment will be undertaken at parcel level following the exclusion of all areas, which are fully ineligible.

The creation of new reference areas for a significant number of land parcels across the entire Land Parcel Identification System (LPIS) database is a complex matter and has to be approached very carefully. Significant and systematic testing is required to ensure that the re-calculations are accurate. In addition, the printing of new maps for all of these parcels would take some time. The creation of new reference areas for parcels would mean that new parcel identification numbers would need to be allocated to the altered parcels. Such significant data changes at this stage of the 2015 application period would pose a risk to the farmers or their Agents submitting applications under the Basic Payment Scheme, the Greening Payment and GLAS. Given the timelines and the risks involved it would not be possible to issue new maps to all of the applicants involved at this stage.

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