The person named submitted a 2000 area aid application on which he declared a total of 14.20 hectares made up of two parcels and two plots. This information was entered on the Department's electronic database.
The plots were digitised according to maps supplied by the person named and an overclaim of 0.96 hectares – 7% – was then identified on one of the land parcels. This was the earliest possible stage at which the applicant could be notified of the error. The person was informed of the position and submitted correspondence indicating that he accepted the overclaim.
Under Article 9 of EU Regulations 3887/92, no penalty is applied when the difference is less than 3%, the penalty is based on double the difference when it is between 3% and 20% and when the difference is over 20%, a 100% penalty must be applied. Therefore, in this case the penalty is based on a difference of between 3% and 20%. A penalty of 2.88 hectares has to be applied leaving the area determined for payment at 11.32 hectares.