Paul Connaughton (Galway East, Fine Gael)
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388. To ask the Minister for Agriculture, Food and the Marine the options that are open to a person who missed out on a Single Payment in 2013, because a herd number was not transferred in time for the 2013 deadline, following the death of a parent; and if he will make a statement on the matter. [20104/15]

Simon Coveney (Cork South Central, Fine Gael)
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Persons who have been negatively impacted by circumstances beyond their control may submit an application for such force majeure circumstances to be taken into account when assessing their eligibility to participate in the Basic Payment Scheme. Circumstances covered by force majeure include the death of the farmer. The force majeure application is available on the Department’s website at .

Further information on force majeure option may be obtained by contacting the CAP Advisory Centre at 0761 064438 or by email at .

Michael Moynihan (Cork North West, Fianna Fail)
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389. To ask the Minister for Agriculture, Food and the Marine if he will provide an update on the 2013 Single Payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [20122/15]

Simon Coveney (Cork South Central, Fine Gael)
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The person named submitted a 2013 Single Farm Payment/Disadvantaged Areas’ scheme application on 15 May 2013. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on-farm/Nitrates inspections be completed to confirm eligibility under the schemes.

The person named was the subject of a Nitrates inspection on 27 March 2013, carried out by my Department on behalf of the Department of Environment, Community and Local Government. This inspection identified non-compliances with the cross-compliance requirements under the Nitrates Regulations relating to clean water from sheds being allowed to flow onto soiled yards adding to the volume of soiled water. This soiled water was being collected in slurry lagoon which was only partially floored and was overflowing on the date of inspection leading to direct and indirect discharge to ground water.

As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on reoccurrence be applied and this resulted in a penalty of 60% being applied against the 2013 Direct Schemes payments.

The person named was notified of this decision on 31 January 2014. The person named sought a review which was considered by the District Inspector, the outcome of which was to uphold the original decision. The person named was notified of this on 19 August 2014 and informed of the right to appeal the matter to the independent Agriculture Appeals Office, within 3 months. I understand that to date no such request has been received.