Matt Carthy (Cavan-Monaghan, Sinn Fein)
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219. To ask the Minister for Agriculture, Food and the Marine the livestock schemes proposed in the CAP Strategic Plan that will require Bord Bia Quality Assurance membership; the ones that will not; the justification for inclusion and not inclusion; and if he will make a statement on the matter. [59284/21]

Charlie McConalogue (Donegal, Fianna Fail)
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Membership of the Bord Bia Sustainable Beef Quality Assurance Scheme is an eligibility condition of the Suckler Carbon Efficiency Programme and the Dairy Beef Calf Welfare Scheme as part of Ireland's draft CAP strategic plan.  The full details of the draft CAP strategic plan are available on the Department's website. 

The Suckler Carbon Efficiency Programme is an environmental scheme and a core metric underpinning it is the measurement and tracking of the carbon footprint for each participant farm. The sustainability survey in the SBLAS audit provides a carbon footprint using an established model. 

It is imperative that the scheme includes strong and measurable environmental actions which will further drive the environmental efficiency of suckler beef farming, as well as contributing to the sector's efficiency and competitiveness and supporting farm incomes.

In the case of the Dairy Beef Calf Welfare scheme, the inclusion of the QAS eligibility requirement strengthens the welfare credentials of the scheme. Ireland’s draft SWOT Analysis and the Commission’s recommendations for Ireland’s CAP Strategic Plan both identify the need to improve the welfare of male dairy calves, while also noting that actions are needed to improve the viability of male calves from the dairy herd in locally based production systems.

QAS membership is not an eligibility requirement for the proposed Sheep Improvement Scheme because it is not considered integral to the aims of the scheme. 

The Deputy will be aware that the costs associated with SBLAS audits are funded directly by my Department rather than by the participating beef and sheep farmers.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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220. To ask the Minister for Agriculture, Food and the Marine the remedy open to ensure compliance with environmental regulations relating to air quality in which a farmer is not in receipt of CAP payments; and if he will make a statement on the matter. [59285/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The Department of the Environment, Climate and Communications (DECC) has overall responsibility for the implementation of the NEC Directive, which covers ammonia.

The NEC Directive is focused on overall emissions levels at a national level, it does not cater for farm level emissions, similar to our climate targets. The issue of whether a farmer is in receipt of CAP payments is not relevant in this instance.

In late 2019, my Department published a Code of Good Practice on ammonia emissions. Teagasc has also produced an ammonia marginal abatement cost curve (MACC). Taking these measures into account, DECC produce a National Air Pollution Control Programme, which sets out the practical measures farmers can take at farm level to reduce ammonia emissions.

Other legislation, such as the water quality legislation, include limits on chemical fertiliser at farm level with amendments proposed under the Nitrates review will mean that chemical fertiliser usage will likely decline over the coming years. This will have positive benefits for ammonia emissions also. In addition, many farmers will be mandated to use Low Emission Slurry Spreading techniques to apply their organic manures. 

This will also have a very positive impact in reducing on farm ammonia emissions. Any changes to the Water quality legislation (Nitrates regulations) will apply to all farmers,whether or nor they are in receipt of a CAP payment.

Matt Carthy (Cavan-Monaghan, Sinn Fein)
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221. To ask the Minister for Agriculture, Food and the Marine the statutory instrument which facilitates his Department to imposing penalties on payments relating to Pillar 1 payments of the Common Agricultural Policy; and if he will make a statement on the matter. [59286/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The rules governing undue payments, penalties and interest under Pillar 1 schemes are set down in a combination of EU Regulations and Statutory Instrument.  The details are given in Terms and Conditions of the Basic Payment Scheme.

The 2021 Terms and Conditions state "Where farmers do not meet scheme rules, their payments can be reduced, and penalties applied. Where the claimed area is over-declared and the total eligible area determined is not sufficient to support the number of entitlements held, then reductions/penalties will be applied as per Article 19(a) of Commission Delegated Regulation (EU) No 640/2014. Revised penalty arrangements apply from 2016 for the EU Basic Payment Scheme (BPS), the Young Farmers Scheme, the Areas of Natural Constraints Scheme and the Areas of Specific Constraints (Islands) Scheme only. The existing penalty arrangements as per Article 19 of Regulation No. 640/2014 will continue to apply for all other area-based schemes. Article 54 of Commission Regulation 1306/2013 states “for any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within 18 months after the approval”. Article 58 of the same regulation also states that Member States shall “recover undue payments plus interest”. Furthermore Article 7 of Commission Implementation Regulation 809/2014 states that “if undue payment is made, the beneficiary shall repay the amount in question plus, where applicable, interest.”

In terms of the collection of outstanding debts, the 2021 Terms and Conditions also state "

"Any outstanding debts due to the Department in respect of the Direct Payment Schemes and payments under Rural Development Schemes will be subject to interest charges in accordance with the provisions of the SI No 13 of 2006, European Communities (Recovery of Amounts) (Amendment) Regulations, 2006. Such debts will be recovered from future payments due if not already refunded in full by the farmer".