Michael Healy-Rae (Kerry, Independent)
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987. To ask the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) who had a penalty on the person's farm payments will be examined; and if he will make a statement on the matter. [36261/18]

Michael Creed (Cork North West, Fine Gael)
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The penalty applied under the 2017 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 my Departments Agri Environment Structures Division on 26 October 2017 was referred to my Department's Cross Compliance Unit for attention. This report detailed breaches relating to the cross compliance requirements in respect of Statutory Management Requirement (SMR) 1 which relates to Nitrates.

The breaches resulted in a 20% penalty being applied against the 2017 Direct Schemes payments.

The person named was notified of this decision on 5th February 2018 and of their right to seek a review of the findings from the District Inspector. To date no such review request 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.