Dáil Éireann Debate, Tuesday - 6 October 2015
358. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the reason a €500 penalty recently issued to a person (details supplied) in County Cork under the single farm payment scheme; if his Department officials will work with this person to identify an affordable solution to this problem; and if he will make a statement on the matter. [34089/15]
View answerThe person named submitted a 2015 Basic Payment /Areas of Natural Constraint Scheme application on 22 May 2015. Under the Terms and Conditions of the Basic Payment Scheme and other area based schemes an applicant, as well as meeting the Scheme criteria, is required to comply with EU regulatory requirements relating to Cross Compliance.
The holding of the person named was the subject of an inspection carried out on 25 March 2015 by my Department on behalf of the Department of Environment, Community and Local Government . During the course of this inspection breaches were identified relating to the cross compliance requirements under the Nitrates Regulations. The breaches identified related to a lack of facilities to collect roof water, which was allowed flow onto dirty yards and dairy washings being allowed to flow directly to ground water. This resulted in a 20% penalty being applied to payments due under the 2015 Direct Payment Schemes and any other area-based payments, where applicable.
The person named was notified of this outcome on 22 April 2015 and of their right to appeal this decision to the District Inspector. To date no such request has been received by my Department.
Where penalties are applied in advance of payments issuing for a specific scheme year, EU regulations require my Department to deduct the penalty amount from any payments issuing in respect of that scheme year. In the event that a penalty is reduced or removed subsequently on appeal, any monies owing to the applicant will be processed and issued as soon as possible.
