Under the terms of an interim national commonage framework plan introduced in October 1998, farmers with commonage land in the six western counties of Donegal, Leitrim, Sligo, Mayo, Galway and Kerry, who were not then participating in the rural environment protection scheme, REPS, were obliged to reduce their ewe numbers by up to 30% of their existing permanent quota and up to 30% of their permanent quota was frozen pending the completion of detailed commonage framework plans for individual commonages.
The person named held a ewe quota of 170 premium rights in 1998 and under the interim national commonage framework plan, 51 of his quota was frozen pending the outcome of the commonage framework plans proper.
When the commonage framework plans were published in February 2002, the quota position of every farmer with commonage land was reviewed to reflect the actual destocking percentage recommended under those plans. In this case, the recalculation showed that the person named was overstocked by 97 sheep and this would required destocking of a further 46 sheep which would leave him with a quota of 73. He opted to have this calculation further reviewed by a registered planner and this review resulted in a revised destocking figure of 84 which would leave him with a quota of 86, which is 170 less 84, for 2003. The person named agreed to that reduction in March 2003.
The person named applied for the 2003 ewe premium scheme in respect of 170 ewes but the 2003 ewe premium can only be paid up to the level of his existing quota of 86. He was paid the 2003 ewe premium on 86 ewes on 21 October 2003.