Vol. 535 No. 1
235 Mr. McGuinness asked the Minister for Agriculture, Food and Rural Development if he will investigate the payments issued in 2001 to a person (details supplied) in County Kilkenny as he did not receive the payments outlined by the Department and the matter is therefore unresolved and the farmer unpaid; if he will determine where the cheques were cashed any by whom; and if he will make a statement on the matter. [12139/01]
The position is that the person named is not the registered owner of the herd number quoted and is therefore not entitled to receive information relating to that herd number.
236 Mr. McGuinness asked the Minister for Agriculture, Food and Rural Development the reason for the delay in processing an application as a force majeure case for a person (details supplied) in County Kilkenny; the reason payment has not issued in spite of the Departments agreement which was issued on 24 January 2001; and if he will make a statement on the matter. [12140/01]
The person named under this herd number was selected for inspection in accordance with EU regulations. The applicant claimed a total of 8.94 hectares but on inspection a total area of 7.00 hectares was found. This represents a difference of 1.94 hectares or 27%. 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 over claim is greater than 20%, no area aid related payments can issue in respect of 2000. The question of force majeure does not arise in this case.
