Charlie McConalogue (Donegal, Fianna Fail)
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225. To ask the Minister for Agriculture, Food and the Marine the reason there is a 100% penalty on payments such as ANC in cases in which the sheep census is not returned by the appointed date; if he has the flexibility to consider a graduated system of penalties as is the case with other late penalties applied to payments; the current regulatory requirements regarding such penalties; and if he will make a statement on the matter. [6582/17]

Michael Creed (Cork North West, Fine Gael)
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The Terms and Conditions of the Areas of Natural Constraint (ANC) scheme set out the requirement for applicants, where applicable, to count the sheep/goats present in the flock on their holding and to return this number to the Department via the annual sheep/goat census. The return of this census is a legal obligation. The relevant EU Regulation which applies is Regulation No. 21/2004.

This data is then used to verify whether or not the applicant has the required stocking density on his / her holding. The requirement to meet the minimum stocking level is an eligibility requirement of the scheme, and thus non-compliance results in an applicant not being eligible for payments.

In all cases of such non-compliances, it remains open to applicants to appeal such decisions to my Department and subsequently to the Agriculture Appeals Office.