Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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556. To ask the Minister for Agriculture, Food and the Marine if there are situations where land eligibility may be inspected without the requirement of a control report being provided to the applicant or their agent; if he will provide a list of such scenarios; and if he will make a statement on the matter. [32214/15]

Simon Coveney (Cork South Central, Fine Gael)
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In the context of delivering the Direct Payment Schemes and Rural Development Measures, my Department is required to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and to ensure compliance with Cross Compliance requirements, as set down in EU legislation and national standards. The basis for these inspections is governed by EU legislation and there are certain minimum numbers and types of inspections that must be conducted each year. Each year a minimum of 5% of beneficiaries, under the various area related schemes have to be selected for a land eligibility inspection. These inspections can be carried out either by remote sensing using satellite imagery or classical ground inspections. In either case a report form is completed as required in the regulation. In the case of classical ground inspections a control report is provided to the applicant where non compliance is found. Where the inspection was carried out by remote sensing the applicant is notified of the outcome of the inspection where non compliance is found. Where compliance is found there is no need or requirement to give the applicant a copy of the control report.

In the course of maintaining the Land Parcel Identification System the Department is required to carry out regular checks to ensure that the system is up to date. These checks can result in field verification checks. The reports of such checks do not have to be provided to the beneficiary.

A comprehensive appeal mechanism is in place for all schemes where an applicant who is dissatisfied with the outcome of an inspection can initially seek a review internally within the Department and subsequently has the option to appeal a review decision to the independent Agriculture Appeals Office.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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557. To ask the Minister for Agriculture, Food and the Marine pursuant to Article 6 of the EU Regulation 1122/2009, if he will provide the defined minimum requirements for good agricultural and environmental condition, on the basis of the framework set out in Annex III of 1122/2009; his views that each of the characteristics set out in Article 6 have been properly taken into account, as required, as set out in the BPS and past SPS T and Cs; and if he will make a statement on the matter. [32215/15]

Simon Coveney (Cork South Central, Fine Gael)
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The standards for Good Agricultural and Environmental Condition (GAEC) provided for under Article 6 of Regulation 73/2009 were operational until December 31st 2014 after which they were replaced under the provisions of Article 94 Regulation 1306/2013. The minimum requirements for Good Agricultural and Environmental Condition applicable under Regulation 73/2009 are detailed in the publication ‘Single Payment Scheme – Guide to Cross Compliance March 2005’, a copy of which issued to all Single Payment Scheme applicants. This document is available for downloading from the Departments website at and was referenced in the annual Terms and Conditions booklets.

Article 94, together with Annex II, of Regulation 1306/2013 sets out the Good Agricultural and Environmental Condition (GAEC) standards under the cross compliance rules which are applicable from January 1st 2015. The following are the minimum GAEC standards now applicable:

- GAEC 1 provides for the establishment of buffer strips along watercourses;

- GAEC 2 concerns the authorisation of water use for irrigation where applicable;

- GAEC 3 concerns the protection of groundwater against pollution such as direct and indirect discharge into groundwater;

- GAEC 4 concerns the requirements for minimum soil cover;

- GAEC 5 concerns land management practices to limit the risk of soil erosion;

- GAEC 6 concerns the maintenance of soil organic matter through the adoption of appropriate practices;

- GAEC 7 concerns the retention of landscape features, including where appropriate, hedges, ditches, trees in line, and including a ban on cutting hedges and trees during the bird breeding and rearing season and, as an option, measures for avoiding invasive plant species.

Recent EU audits have not identified any deficiencies in the implementation of the GAEC standards by my Department.