Michael Healy-Rae (Kerry, Independent)
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167. To ask the Minister for Agriculture, Food and the Marine if the case of a person (details supplied) will be examined; and if he will make a statement on the matter. [22486/21]

Charlie McConalogue (Donegal, Fianna Fail)
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For 2019,the organic area claimed by the above named person was 39.2 hectares. The determined area, or reference area for 2019 is 36.85 hectares. The reference area of a land parcel excludes all ineligible items. For 2019 the reference area was reduced to take account of items such as farm road, trees, streams and scrub.

The determined area  is the area of Organic land, less land that receives a payment under the Green Low-Carbon Agri-Environment Scheme. This information is supplied from the farmer's annual submission under the Basic Payment Scheme.

When calculating an Organic Farming Scheme payment, the reference area is used in the determination of the payment due. In instances where the claimed area is greater then the reference area, a reduction and/or a penalty may apply.

In accordance with the governing scheme conditions, where a percentage overclaim is greater than two hectares or 3% but not more than 20% of the area determined, a penalty applies.

Accordingly as the organic claimed area in this instance was greater then the determined area by 6.38%, a reduction and penalty applied to the payment. A letter will issue to the applicant outlining the above outcome and any possible next steps open to him for follow-up.