The person named submitted an area aid application which included land that was also claimed by another herdowner. My Department contacted both herdowners to clarify the matter. The person named has responded indicating that he does not have a right to claim the parcels in question, which constitute 6.07 hectares. The person named claimed a total of 34.44 hectares on his 2001 area aid application. When his claim is reduced by the 6.07 hectares on which he was not entitled to claim his entitlement is 28.37 hectares. This represents a difference of 6.07 hectares or 21.40 % between the area claimed and that determined. Under Article 9 of EU Regulation 3887/92, when the difference is more than 20%, a 100% penalty must be applied. Therefore in this case as the overclaim is greater than 20%, no payment under the 2001 area-based compensatory allowance scheme can issue to the person named.
The person named applied for premium for ten cows under the 2001 suckler cow premium scheme. Following an examination of his application, it was discovered that the ten animals were sold before the retention period had expired. A formal notification issued to the applicant on 3 December 2001 advising him that, as clause 26 (a) of the terms and conditions of the scheme had been contravened, no payment would issue under suckler cow 2001 scheme. The person named was also advised that he could appeal this decision by contacting my Department within 21 days.