Michael Healy-Rae (Kerry, Independent)
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1392. To ask the Minister for Agriculture, Food and the Marine the status of the case of a person (details supplied) who has been penalised on farm payments; and if he will make a statement on the matter. [41650/16]

Michael Creed (Cork North West, Fine Gael)
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A report detailing findings of an inspection carried out by Kerry County Council on 9^thFebruary 2016 was referred to my Department’s Cross Compliance Unit for attention. This report detailed breaches relating to the cross compliance requirements under the Nitrates Regulations.

The breaches under the Nitrates Regulations related to:

- Poor collection facilities in place to collect soiled water and slurry,

- Slurry and soiled are routed to a Lagoon type facility which was overflowing into an adjacent field.

The breaches resulted in a 20% penalty being applied against the 2016 Direct Schemes payments.

The person named was notified of this decision on 4 May 2016. The person named was also notified of their right to seek a review of the inspection findings. To date no such request has been received.

In the event that the person named is dissatisfied with the outcome of any such review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.