Brendan Griffin (Kerry, Fine Gael)
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483. To ask the Minister for Agriculture, Food and the Marine if a 2019 basic payment penalty applied to a person (details supplied) in County Kerry will be withdrawn in view of the information provided; and if he will make a statement on the matter. [37165/19]

Michael Creed (Cork North West, Fine Gael)
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The person named submitted a 2019 Basic Payment/Areas of Natural Constraint scheme application on 16 April 2019. EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed before any payments issue.

The person named was selected for a Ground Eligibility inspection and a Cross-Compliance check in respect of Good Agricultural and Environmental Conditions (GAEC) 7 which relates to landscape features, designated habitats and the control of invasive species.

During the course of this inspection, a 20% cross-compliance penalty was determined in respect of GAEC 7.  A breach in respect of Statutory Management Requirement (SMR) 1 which relates to Nitrates was also identified.  

Additional breaches were identified by officials in my Department's Veterinary Division and cross-reported to the Cross-Compliance Unit for their attention. This resulted in further penalties being determined in respect SMR 4 which relates to Food and Feed Hygiene and SMR 13 which relates to the Welfare of Farmed Animals

A final cross-compliance penalty of 22% was determined in respect of the 2019 Scheme Year which will be applied to all area-based payments.

An appeal has been submitted on behalf of the person named and this request is currently being examined by the District Inspector. The person named will be notified of the outcome as soon this process has been completed. 

In the event that the person named is dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office within 3 months.