Éamon Ó Cuív (Galway West, Fianna Fail)
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279. To ask the Minister for Agriculture, Food and the Marine his views that heather will reach maturity with a sustainable stocking rate in place; and if he will make a statement on the matter. [44225/15]

Simon Coveney (Cork South Central, Fine Gael)
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In order to be eligible a land parcel must be maintained in a state suitable for grazing or cultivation. Areas not in this state must be deducted as ineligible. Agricultural areas with heather can be eligible provided they are maintained in a grazable state. It is open to the farmer to decide how this is achieved.

Éamon Ó Cuív (Galway West, Fianna Fail)
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280. To ask the Minister for Agriculture, Food and the Marine his views that controlled burning of heather is an agricultural activity in the same way that topping in a lowland situation is; and if he will make a statement on the matter. [44226/15]

Simon Coveney (Cork South Central, Fine Gael)
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Agricultural activity is defined under Article 4.1.(c) of EU 1307/2017 as follows:

"agricultural activity" means:

(i) production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

(ii) maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by Member States on the basis of a framework established by the Commission.

Article 4.1 of Delegated Regulation 639/2014 gives Member States two options as to how to give effect to Article 4.1.(c) of 1307/2013. Ireland chose option (b) of this article which states:

“Member States set out the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation”.

In the context of the Regulations above, controlled burning may be considered in certain limited circumstances as set out in the Guide to Land Eligibility.

Éamon Ó Cuív (Galway West, Fianna Fail)
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281. To ask the Minister for Agriculture, Food and the Marine if controlled burning is an agricultural method that can be used to manage heather, given his Department's A Guide to Land Eligibility Direct Payment Schemes 2015, and to the top photo on page 9 in particular which shows heather that is eligible but where management is needed to ensure it remains eligible; and if he will make a statement on the matter. [44227/15]

Simon Coveney (Cork South Central, Fine Gael)
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The applicant is required to maintain land as shown in the photograph referred to in an eligible state suitable for grazing or cultivation. It is a matter for the farmer to choose which option he or she wishes to employ to achieve this objective. Should the applicant so wish, he/she can consult a FAS Adviser on an appropriate course of action to take to maintain it in an eligible state.

Éamon Ó Cuív (Galway West, Fianna Fail)
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282. To ask the Minister for Agriculture, Food and the Marine the management tools his Department advises to make an area eligible for payment, given his Department's A Guide to Land Eligibility Direct Payment Schemes 2015 and the lower photograph on page 9 in particular which shows heather that is ineligible; and if he will make a statement on the matter. [44228/15]

Simon Coveney (Cork South Central, Fine Gael)
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The photo as referenced shows ineligible heather. The Department recommend that the applicant seeks professional advice as regards the management of such areas. The Department maintains a database of all approved FÁS (Farm Advisory System) Advisers, who can provide advice on an appropriate remedial course of action.

Éamon Ó Cuív (Galway West, Fianna Fail)
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283. To ask the Minister for Agriculture, Food and the Marine the nature of the direct contact his Department had with the European Commission in negotiating the A Guide to Land Eligibility Direct Payment Schemes 2015; and if he will make a statement on the matter. [44229/15]

Simon Coveney (Cork South Central, Fine Gael)
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The implementation of the Direct Payment Schemes under the new CAP saw some changes to the requirements governing the eligibility of land and other related matters. Officials from my Department worked closely with the EU Commission in March/April of this year with a view to establishing a set of requirements which are clear and workable from the point of view of individual farmers as well as other stakeholders. I was also mindful of the need to ensure that the implementing provisions were the most appropriate in the context of farming in Ireland and providing as much flexibility as possible to farmers. In order to benefit from payment under the Direct Aid Schemes, land must be eligible and must also be in a state fit for grazing or cultivation.

In the context of compiling a guidance booklet for issue to farmers, officials from my Department sought a meeting and met with officials from the European Commission on 9 April 2015. The purpose of this meeting was to seek clarification regarding Ireland’s interpretation of the EU Regulations governing land eligibility. In Ireland, it was decided that the most appropriate mechanism to provide for this is to define the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation. In the first instance, it should be remembered that it is the responsibility of each Member State to implement EU regulations in respect of the eligibility of land.