Charlie McConalogue (Donegal, Fianna Fail)
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298. To ask the Minister for Agriculture, Food and the Marine if he has discussed with the EU Commission that farm land under solar farm installations will be recognised as an agricultural activity and therefore be eligible for EU direct payments and qualify for retirement and agricultural reliefs at European Union level; and if he will make a statement on the matter. [19050/17]

Michael Creed (Cork North West, Fine Gael)
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The Direct Payments Division of my Department is in regular contact with DG Agri regarding the eligibility of land for payments under the various area-based schemes.  The issue of solar panels has been raised specifically as part of these discussions.  As currently interpreted the area under the solar panels is not deemed to be part of an agricultural activity as defined in Article 4 of Regulation 1307/2013*.

Accordingly, it is required to determine predominance having regard to Article 32(3)(a) of Regulation 1307/2013. Under this Article an assessment is made as to whether the agricultural activity on the remainder of the land "can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activities."

As I have indicated in previous responses to this topic, my Department is willing to assess each individual case on its individual merits, including that part of land under solar panels, in order to determine whether the solar development would mean that agriculture is no longer the predominant activity.

* Article 4 of Regulation 1307/2013

Definitions and related provisions

For the purposes of this Regulation, the following definitions shall apply:

"agricultural activity" means:

1. production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping animals for farming purposes,

2. 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, or

3. carrying out a minimum activity, defined by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation;