Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1185. To ask the Minister for Agriculture, Food and the Marine the reason a penalty has been implemented on a person's BPS payment (details supplied); and if he will make a statement on the matter. [35400/17]

Michael Creed (Cork North West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The penalty applied under the 2016 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.

The Department's records indicate that the amount of nitrogen from livestock manure applied to land on the holding of the person named, (including that deposited by animals), was 267 kg per hectare, which exceeded the limit of 170 kg per hectare set down in the Nitrates Regulations. This resulted in a penalty of 5% being applied against the 2016 Direct Payments Schemes. The person named was notified of this decision on 25 November 2016 and of their right to seek a review of the decision. To date no such request has been received.

In addition, the person named was selected for a Bovine Identification and Registration inspection during which breaches were identified in respect of tagging, resulting in a 1% cross compliance penalty. However, due to the maxing rules governing the application of cross compliance penalties this decision does not alter the final 2016 sanction, which remains at 5%.

I understand that the person named was recently notified of the outcome of the bovine inspection and of their right to seek a review.

In the event that the person named is dissatisfied with the outcome of any such review the matter can be appealed to the independent Agriculture Appeals Office.