Matt Carthy (Cavan-Monaghan, Sinn Fein)
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704. To ask the Minister for Agriculture, Food and the Marine , further to Parliamentary Question No. 1172 of 2 November 2021, the location in the terms and conditions of the basic payment scheme in which reference is made to force majeure being accepted as a reason for compliance not being achieved as opposed to an application not being submitted on time or an on-farm inspection not having been facilitated; and if he will make a statement on the matter. [3605/22]

Charlie McConalogue (Donegal, Fianna Fail)
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The Terms and Conditions of the 2021 Basic Payment Scheme (BPS) inform all applicants of their right to apply for Force Majeure. These BPS Terms and Conditions are available on my Department's website.

The legal basis for the 2021 Basic Payment Scheme is set out on page 90 of the terms and conditions as follows: "The Basic Payment Scheme is implemented pursuant to EU Regulation 1306/2013 and is operated by my Department. Other related schemes have their own legal basis, as outlined under their own Terms and Conditions."

Regulation 1306/2013 sets out the cases that may be recognised as force majeure and exceptional circumstances and also states that no administrative penalties shall be imposed where the non-compliance is due to force majeure.