Michael Fitzmaurice (Roscommon-Galway, Independent)
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243. To ask the Minister for Agriculture, Food and the Marine if illegally burnt land must be withdrawn from 2017 basic payment scheme applications in the event that the farmer of the land is not the responsible party; and if he will make a statement on the matter. [25253/17]

Michael Creed (Cork North West, Fine Gael)
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My Department's "Guide to Land Eligibility" document clearly states that land which has been burned is not eligible as it is not in a state suitable for grazing or cultivation and therefore not eligible for payment under the Basic Payment and the various other area-based schemes. The EU regulations governing these schemes prescribe that land being submitted for payment must in an eligible state.

All applicants under the Basic Payment Scheme and other area-based schemes who have submitted their 2017 applications to my Department should review their applications and identify if the application includes land which has been burned in the closed period and consider removing this land from their application. The withdrawal of such land from their application can be undertaken by using the Department's On-line facility or by downloading an Amendment Form from the Department's website and posting it to the Department's Office in Portlaoise.

The relevant European regulations allow for penalties not to be imposed where the applicant can demonstrate that he or she is not at fault for the non-compliance. The regulations also provide for exceptions in relation to land eligibility requirements in the case of force majeure and exceptional circumstances. However the Department is constrained by European law which requires these exceptions to be interpreted narrowly. In the case of eligibility requirements it would be for the applicant to demonstrate to the satisfaction of the Department that such exceptional circumstances arise. This may require, where appropriate, the applicant to demonstrate that all reasonable measures have been taken to prevent such damage. My Department will examine every such case on an individual basis to determine if these exceptions are applicable.