Kevin O'Keeffe (Cork East, Fianna Fail)
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514. To ask the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Cork is being penalised twice; and if the penalty will only be imposed under one scheme. [21448/17]

Michael Creed (Cork North West, Fine Gael)
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The penalty applied under the 2015 Basic Payment Scheme relates to breaches of Cross Compliance requirements. Under the Terms and Conditions of the Basic Payment Scheme, an applicant, as well as meeting the scheme criteria, must comply with EU regulatory requirements relating to Cross Compliance.

A report detailing findings of an inspection carried out by the Agriculture Environmental Structures area of my Department on 12^thDecember 2016 was referred to the Cross Compliance Unit for attention. This report detailed breaches relating to the cross compliance requirements under the Nitrates Regulations, Public, Animal and Plant Health and Good Agricultural and Environmental Standards (GAEC).

The breach under the Nitrates Regulations related cracked concrete in the soiled water yard whereby clean water could not be separated from effluent. The breach in respect of Public, Animal and Plant Health related to pesticide usage records not being provided at inspection. The breach in respect of GAEC related to the removal of a landscape feature.

These breaches resulted in a 25% penalty being applied against the 2015 Direct Schemes payments.

The person named was notified of this decision on 12 October 2016 and of their right to seek a review of the findings from the District Inspector. To date no request for review 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.