Skip to main content
Normal View

Single Payment Scheme Administration

Dáil Éireann Debate, Tuesday - 3 March 2015

Tuesday, 3 March 2015

Questions (295)

Brendan Griffin

Question:

295. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if a yellow card caution system will be considered as part of a more farmer-friendly inspection regime; and if he will make a statement on the matter. [9288/15]

View answer

Written answers

Under EU legislation, all applicants under the Basic Payment Scheme (formerly the Single Payment Scheme) and other area based schemes are obliged to comply with the requirements of the Cross Compliance regime and my Department is required to carry out annual inspections to ensure compliance with the associated EU regulatory requirements. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually. The rate of inspections for cross-compliance is 1% of applicants to whom the Statutory Management Requirements (SMRs) and Good Agricultural Environmental Condition (GAEC) standards apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements while 3% of sheep/goat farmers must be inspected covering 5% of the flock.

EU regulations governing the Cross Compliance regime prescribe a range of penalties to be applied where a non-compliance with the relevant legislative provisions has been identified. Where the non-compliance is due to negligence the penalty is 3%, which can be reduced to 1% or increased to 5% depending on the extent, severity and permanence of the non-compliance. Where the non-compliance is determined as intentional, the standard reduction is 20%, but this can be reduced to 15% or increased to 100% depending on the extent, severity and permanence. There are also penalty provisions where a repeated non-compliance is determined.

My Department developed and currently operates a tolerance system in relation to cross compliance. Where a non-compliance is deemed to be minor in nature, tolerance may be applied resulting in no financial sanction and the applicant is advised to remedy the problem. However, where the minor non-compliance is not remedied within a certain period a penalty of at least 1% is applied.

A comprehensive appeal mechanism is also in place in order to protect the interests of farmers who have difficulties with the inspection findings or who consider that the inspection has not been conducted in accordance with legislative requirements. This appeal system incorporates the option for a farmer to initially seek to have the inspection outcome reviewed internally by an officer more senior than the inspecting officer. Where the farmer remains dissatisfied, the decision can be appealed to the independent Agriculture Appeals Office and ultimately to the Office of the Ombudsman.

The new CAP regulations provide the option for Member States to introduce an early warning system in respect of cross compliance breaches. Under this option breaches of a minor nature may not lead to a financial sanction being applied initially, with the applicant being notified of the non-compliance and the requirement to undertake remedial action. However, if a subsequent check identifies that the required remedial action was not undertaken a sanction must be applied retroactively to the initial year of the finding. In addition a recurrence sanction may apply.

Top
Share