Thomas Pringle (Donegal, Independent)
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28. To ask the Minister for Agriculture, Food and the Marine the way in which he is dealing with the land eligibility issues raised by an association (details supplied) for persons under the direct payment and scheme systems; and if he will make a statement on the matter. [27935/17]

Michael Creed (Cork North West, Fine Gael)
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In 2015 my Department published the "A Guide to Land Eligibility" booklet, which issued to all farmers, detailing all of the requirements that applicants must comply with to ensure that their land is and remains eligible for payment. 

The land declared by an applicant under the various EU funded area-based schemes must be eligible agricultural land and must also have an agricultural activity carried out on the land.

The governing EU regulations set out a range of actions to define agricultural activity and maintaining it in a state suitable for grazing and cultivation. In Ireland we chose from the legal framework to go with a characteristics-based approach.  Therefore an applicant is free to choose the method which best suits their farming operation to ensure that the land is suitable for grazing or cultivation. Furthermore we also exercised the option to deem what is known as "Permanent Grassland Established Local Practices" (PGELP) land eligible and hence the definition of permanent pasture that is implemented in Ireland allows for the wide variety of grazing ground that exists in the State.

The main guiding principles for determining land as eligible include:

- The land is agricultural;

- The land is not abandoned;

- Ineligible features, e.g. buildings, areas of water bodies, scrub, rock, have been excluded from the area declared;

- There must be evidence that the applicant is maintaining the agricultural area.

With specific regard to Natura land, the “Guide to Land Eligibility” booklet details the provision set out in EU regulations where land that was eligible in the past and has now become ineligible, due to compliance with the requirements of the birds and habitats directives, can be considered for payment subject to specific criteria being met.  However this provision can only apply where the farmer is still farming the land and the land is fundamentally an agricultural area.

In relation to a finding of land not being eligible (e.g. in the case of burnt land), the regulations clearly allow for penalties not to be imposed where the applicant can demonstrate that he or she is not at fault for the non-compliance. 

However, my Department is constrained by EU regulations which require 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.

My Department implements the relevant EU regulations in relation to land eligibility in a fair and balanced manner, having due regard to all other relevant EU legislation. I can assure the Deputy that there has been no change to the criteria used to establish land eligibility since the publication of the 2015 Guide to Land Eligibility.