Joe Carey (Clare, Fine Gael)
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286. To ask the Minister for Agriculture, Food and the Marine why category B for force majeure did not apply to the allocation of entitlements for an application under the 2015 basic payment scheme (details supplied); and if he will make a statement on the matter. [42836/15]

Simon Coveney (Cork South Central, Fine Gael)
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The person named, who is now deceased, did not declare land on his Single Payment Scheme Application in the years 2009 to 2011. Under EU Regulations each entitlement must be ‘used’ once in every two year period otherwise they are lost permanently to the National Reserve. For clarity, ‘used’ in this context means the declaration of a hectare of eligible land for each entitlement held. As the person named did not declare any land from 2009 to 2011, his entitlements became ‘unused’ and were reverted to the National Reserve in 2012. The person named received a letter on the 12 January 2012 informing him of this decision and of his right to appeal. No appeal was received in respect of this case.

An application was received on 29 May 2015 from a sister of the deceased who applied under the Force Majeure measure of the 2015 Basic Payment Scheme. This case was examined and was deemed ineligible as the scope of force majeure does not extend to the period 2009 to 2011. The applicant was notified of this decision on 19 October, 2015 and was given the right to appeal. No appeal has been received to date.