Written answers

Thursday, 18 April 2019

Department of Agriculture, Food and the Marine

Single Payment Scheme

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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218. To ask the Minister for Agriculture, Food and the Marine if his Department has contacted persons who had their single payment scheme payment reduced (details supplied); the number of farmers who have had reduced payments as a result of the earlier rule which was not in compliance with EU regulations; the process in place for dealing with these fines and making refunds to farmers; and if he will make a statement on the matter. [18200/19]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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In order to qualify for payment under the Basic Payment Scheme (BPS), an applicant must have an eligible hectare for each entitlement held. Eligible land must be maintained in a state suitable for grazing or cultivation without preparatory action going beyond the usual agricultural methods and machineries. There must be an agricultural activity carried out in the parcel as abandoned land is not eligible for payment. Payment under other area-based schemes, e.g. Area of Natural Constraints (ANC), is also based on the land declared being deemed as eligible land.

 The presence of suitable fencing is just one of the criteria that can be used to determine whether or not land is being maintained in an eligible condition and that there is an agricultural activity in the parcel.  The absence of suitable fencing, particularly on marginal type land, may indicate that grazing livestock are not being controlled in a manner to satisfy the maintenance requirement of an “eligible hectare”. The 2019 BPS Terms and Conditions provide clarification with regard to fencing. There has been no change in the rules on the eligibility of land, rather further clarification has been provided on the matter of fencing of land. Where parcels have been deemed ineligible in the past, the assessment was similar to the current assessment.

 A decision on whether or not a parcel of land is eligible for payment will include an assessment of suitability for use for agricultural purposes, state of the vegetation and evidence of parcel use e.g. grazing.  Appropriate fencing was, and continues to be, an indicator that a parcel is being managed and maintained in an eligible state.

 There is a comprehensive independent appeals process in place, whereby any applicant may seek an appeal of a decision affecting his/her farm payments.   If the Deputy has a specific case on which he wishes to receive further clarification, this will be provided on receipt of the details of the case in question.

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