Éamon Ó Cuív (Galway West, Fianna Fail)
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291. To ask the Minister for Agriculture, Food and the Marine why penalties were applied on payments that were issued to a person (details supplied) in County Galway under the 2015 basic payment scheme and the areas of natural constraint scheme; if the person was given prior notice of these penalties; if an option to appeal was afforded; and if he will make a statement on the matter. [42856/15]

Simon Coveney (Cork South Central, Fine Gael)
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An application under the Basic Payment Scheme / Area of Natural Constraint Scheme was received in my Department from the person named on 29 May 2015.

Payment under Areas of Natural Constraints scheme issued directly to the nominated bank account of the person named on 1 October 2015. Advance payment under the Basic Payment Scheme issued on 19 October. Both payments were subject to a 45% cross compliance penalty as the Department’s records indicated that in 2014, the amount of nitrogen from livestock manure applied to land on the holding of the person named, (including that deposited by animals), was 252 kgs per hectare. This exceeded the limit of 170 kgs per hectare set down in the Nitrates Regulations.

My Department provided a written Nitrogen and Phosphorus statement to the person named on 28 May 2015, explaining how this figure was arrived at. A 2014 sheep quarterly breakdown form was enclosed with this letter, which gave the person named the opportunity to submit a more accurate sheep nitrogen figure, in the event the figure provided was incorrect.

As the sheep quarterly breakdown form was not returned, the person named was notified of the nitrates breach on 10 August 2015, and of his right of appeal to the Agriculture Appeals Office before 10 November 2015. I understand that the person named did not appeal this decision to the Agriculture Appeals Office.