Michael Healy-Rae (Kerry, Independent)
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1094. To ask the Minister for Agriculture, Food and the Marine to set out the status of a basic payments scheme payment for a person (details supplied); and if he will make a statement on the matter. [15879/18]

Michael Creed (Cork North West, Fine Gael)
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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 penalty applied under the 2017 Basic Payment Scheme related to a breach of Cross Compliance requirements.

The Department’s records indicate that in 2016, the amount of nitrogen from livestock manure applied to land on the holding of the person named, (including that deposited by animals), was 192 kg per hectare, which exceeded the limit of 170 kg per hectare set down in the Nitrates Regulations for farmers without an approved derogation.

As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on reoccurrence be applied and this resulted in a final penalty of 9% being applied against the 2017 Direct Schemes payments. The person named was notified of this decision on 24th November 2017.

The person named sought a review of the decision and the outcome of the review was to remove the cross compliance penalty. Monies due as a result of this decision issued to the nominated bank account of the person named under the Basic Payment Scheme and Areas of Natural Constraints Scheme on 29 January 2018 and 20 February 2018, respectively.