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Tuesday, 22 Mar 2016

Written Answers Nos. 144-166

Basic Payment Scheme Payments

Questions (144)

Timmy Dooley

Question:

144. Deputy Timmy Dooley asked the Minister for Agriculture, Food and the Marine when farm payments will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [4758/16]

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Written answers

An application under the Basic Payment Scheme/Areas of Natural Constraint (ANC) Scheme was received in my Department from the person named on 28 February 2015. The relevant payments under both schemes have issued to the bank account of the person named.

Pigmeat Sector

Questions (145)

Mattie McGrath

Question:

145. Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine his views on the grave challenges facing the pigmeat industry; the measures he is taking to address these; and if he will make a statement on the matter. [4770/16]

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Written answers

The development of a viable pigmeat sector is a priority for me given the crucial role which the industry plays in supporting approximately 7,000 jobs including production, slaughter, processing, feed manufacture and services. In 2015 export volumes increased by approximately 8%, with growth to the UK, Continental Europe and International markets. Export values at €570 million, fell marginally by 2% during 2015 due to lower pig prices. Pigmeat prices tend to be cyclical in nature with periods of lower prices followed by a supply response and/or a recovery in demand. My Department carefully monitors developments in the pig sector, both domestically and internationally.

I am conscious of the fact that prices have come under pressure over the last year and a half and the difficulties that this is causing for producers. This is not an exclusively Irish phenomenon, and Irish prices have actually remained ahead of the EU average for the last five months. However I would also add that like any other EU Minister I do not have a role in the setting of prices. This is a function of the market.

In relation to the Russian ban on EU pigmeat exports, I am fully aware of the concerns Irish pig farmers have as a result of the closure of this market. My Department has met with the Russian authorities on a number of occasions to impress upon them the importance we attach to the normalisation of trade with Russia. However the restrictions on other products under the EU-wide ban is not something which Ireland alone will resolve and will only be progressed through a common EU approach. The Commission has referred this matter to the WTO for resolution, and is continuing its efforts to regularise trade between the EU and Russia.

At last September’s Special Meeting of the Council of Agriculture Ministers in Brussels, I joined with other like-minded Ministers from other EU member states in calling on the EU Commission to monitor market developments and deliver a comprehensive package of support to address the current difficulties in the Irish and EU pigmeat sector. The resulting package reflects the majority of the demands presented by Ireland. An Aids to Private Storage Scheme was established for Pigmeat. In addition the Commission provided a financial package for pig and dairy farmers, from which €0.5 million in EU funding was provided for Irish pig farmers. The Government decided to match the EU funding for the sector thus providing for a €1 million package. A direct aid package payment will issue to all pig farmers with a minimum level of supply of 200 pigs slaughtered in 2015 very shortly. This means a flat rate payment of over €3,000 to each farmer. This will ensure that the payment is directed to those farmers most affected by the price volatility, thus meeting the requirements of the EU Regulations providing the funding.

In addition to this measure, following proposals made by Member States, Commissioner Hogan recently proposed a series of measures in response to the crisis in the Agricultural sector. The EU private storage aid scheme for pigmeat was closed abruptly earlier this year and at last week’s Council of Agriculture Ministers I called for its re-opening as soon as possible. The Commission has agreed to consider re-opening the private storage aid scheme for pigmeat at an appropriate time this year.

At last week’s Council, the Commission also committed to establishing a Meat Market Observatory covering beef and pigmeat. Furthermore, the Commissioner reiterated his determination to promote the EU’s interests and open up new markets for EU products, with a specific €30 million envelope for dairy and pigmeat available under the EU Promotion Scheme to reflect the market disturbances in those sectors. The Commission will prioritise its engagement with the European Investment bank with a view to developing appropriate financial instruments to assist farmers and processors to invest in their enterprises to improve their competitiveness or to invest in making any necessary structural adjustments.

At national level, support is provided by my Department for the pig sector in a number of ways. Firstly I have included provision in the Rural Development Programme for an on-farm capital investment scheme, TAMS II, with an overall budget of €395 million across all sectors. Some €35.8 million has been allocated for 2016. Amongst the areas identified for initial funding are investments on pig farms for energy, water meters and medicine dispensers.  Other elements of the RDP, such as a targeted on farm animal health and welfare scheme will also be of benefit to the pig sector.

Other supports for the sector come through Teagasc which, through its Moorepark pig research facility and courses in pig production, plays an important role in improving production at farm level. Through its Joint Research Advisory Programme, Teagasc supports Irish pig producers by providing advice, research and education across a range of issues of importance to the sector. The programme which is funded by a voluntary industry levy has enabled Teagasc to employ four additional advisors and researchers to support producers and the sector through advice, research and education across a range of issues of importance to the sector. The high level objective of the programme is to enhance the sustainability of Irish pig meat production, including improvements in economic, social and environmental standards. This will result in improvements in the production and marketability of Irish pigmeat.

I am also conscious of the need to promote the consumption of Irish pigmeat in domestic and overseas markets. Bord Bia provides assistance to the pigmeat sector through its marketing and promotional activities, and the pigmeat quality assurance scheme helps to consolidate the position of Irish pigmeat on the domestic market and to expand its presence on EU and third country markets.

For my part I have undertaken to ensure that as many alternative markets as possible are open to Irish Pigmeat processors since the closure of the Russian market in 2014. In this regard I was pleased to announce the opening last year of the markets in Vietnam and the Philippines for Irish pigmeat which will serve as valuable alternative markets to Russia for Irish pigmeat exports. My Department will continue in its efforts to develop access to international markets.

Basic Payment Scheme

Questions (146)

Martin Ferris

Question:

146. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if European Union legislation or regulations require member states to only accept online applications under the basic payment scheme; and if such a stipulation by his Department facilitates or impedes access to this scheme, especially among older farmers and farmers in areas poorly served by broadband. [4776/16]

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Written answers

Commission Implementing Regulation (EU) No 809/2014 sets out specific requirements with regard to geo-spatial (online) aid applications for the Basic Payment Schemes. The regulation sets out that Member States shall provide for geo-spatial (online) applications, and that 75% of beneficiaries in 2017 and all beneficiaries in 2018 must apply online.

In order to ensure that these regulatory requirements are met, my Department has been moving certain categories of farmers to online application in 2015 and 2016. This process will continue as we move towards the 2018 regulatory target.

Within this context, my Department has put in place a rigorous system of support for online applicants via a dedicated helpdesk, and more targeted supports will be in place as the process continues to ensure access to the Basic Payment Scheme is not impeded. Online application involves a range of advantages for farmers, which will help to ensure the continued efficient and effective delivery of these vital payments.

Agriculture Schemes

Questions (147)

Denis Naughten

Question:

147. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [4779/16]

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Written answers

An application under the 2016 Fodder Aid Scheme was received from the person named seeking compensation for loss of fodder supplies experienced as a direct result of the recent winter floods. Department officials visited the holding of the person named to verify the level of loss and the relevant payment issued directly to the nominated bank account of the person named on 22 February 2016.

Single Payment Scheme Eligibility

Questions (148)

Denis Naughten

Question:

148. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a payment; and if he will make a statement on the matter. [4780/16]

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Written answers

The person named did not hold entitlements under the Single Payment Scheme. Under EU Regulation 1307/13 only persons who were eligible to receive a direct payment under the 2013 scheme year may receive an automatic right to be allocated entitlements under the Basic Payment Scheme in 2015. Consequently the person named does not qualify for an automatic right to participate in this Scheme.

Basic Payment Scheme

Questions (149)

Denis Naughten

Question:

149. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive a payment. [4781/16]

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Written answers

The person named submitted a Private Contract Clause application to my Department seeking the transfer of land and entitlements by lease as Transferee. Issues regarding the eligibility of a small area within one land parcel prevented this application from being processed. An official from my Department has spoken to the person named and agreed to process the application excluding this small land parcel in order to facilitate payment under the Basic Payment Scheme. Once the eligibility of the small land parcel is resolved payment on foot of this land parcel will follow. With the agreement of the person named this application has now been processed on the basis outlined and payment under the Basic Payment Scheme will issue shortly.

Herd Data

Questions (150)

Denis Naughten

Question:

150. Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Roscommon was informed that the person's herd number was dormant; if this situation has now been rectified; and if he will make a statement on the matter. [4782/16]

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Written answers

My Department has no record of the above herd number ever being made dormant. The herd number was transferred into the name of the person concerned last November.

Question No. 151 withdrawn.

Basic Payment Scheme Payments

Questions (152)

Brendan Griffin

Question:

152. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine to review a penalty applied to persons (details supplied) in County Kerry under the 2015 basic payment scheme; and if he will make a statement on the matter. [4790/16]

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Written answers

The persons named were the subject of a Nitrates inspection on 26 February 2015, carried out by my Department on behalf of the Department of Environment, Community and Local Government.

The inspection identified breaches with the cross compliance requirements under the Nitrates Regulations relating to non-compliances with regard to an Unlined Earth Banked Lagoon type facility leading to direct discharge of slurry and soiled water to ground water. As similar breaches under the Nitrates Regulations had been identified within the previous three years, the regulatory provisions required that the rules on reoccurrence be applied and also the breach was deemed to be intentional. This resulted in an overall penalty of 60% being applied against the 2015 Direct Schemes payments. The persons named were notified of this decision on 14 April 2015.

The persons named requested a review of this decision and this request was examined by the District Inspector who reduced the penalty to 45%. The persons named were notified of the outcome on 14 December 2015. A payment of the amount owing as a result of the reduction in the penalty issued to the nominated bank account of the persons named on 26 January 2016.

In the event that the persons named are dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months. I understand that no such request has been received by that office to date.

Farm Inspections

Questions (153)

Brendan Griffin

Question:

153. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if his Department is permitted to carry out farm inspections when farmers are "locked up" owing to the TB eradication scheme; and if he will make a statement on the matter. [4791/16]

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Written answers

In the context of delivering the Basic Payment Scheme, Areas of Natural Constraints Scheme, and other area based schemes, my Department is required to carry out annual inspections covering both the eligibility of the land declared to draw down payments and also cross compliance aspects, to ensure compliance with EU regulatory requirements, in the areas of the environment, climate change and good agricultural condition of land and also in the areas of public, animal and plant health and animal welfare. These inspections are mandatory and there are certain minimum numbers and types of inspections that must take place annually. In that regard Inspectors are permitted to carry out inspections when farmers are “locked up” owing to the TB eradication scheme.

Agriculture Schemes

Questions (154)

Seán Kyne

Question:

154. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when he will issue the decision on an appeal by a person (details supplied) in County Galway; if and when a ground inspection has taken place; and if he will make a statement on the matter. [4797/16]

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Written answers

The person named submitted a 2015 Basic Payment Scheme/Areas of Natural Constraint scheme application on 21 May.

2015 EU Regulations governing the administration of these schemes require that full and comprehensive administrative checks, including in some cases Remote Sensing (i.e. satellite) inspections, be completed before any payments issue.

The application of the person named was selected for a Remote Sensing inspection. The inspection identified discrepancies between the areas declared and the area found resulting in an over-declaration in area of between 3% and 20%. Under the Terms and Conditions of the Basic Payment Scheme, this result in the 2015 payments being based on the found area having been reduced by double the difference between the area found and the area declared. The over-declaration of land had no impact on the payment due under the Areas of Natural Constraints Scheme. The person named was notified of the inspection decision on 23 October 2015.

The person named has appealed this decision and this request is currently being examined . A field visit has been requested in this case to verify the position on the ground and this will be completed as soon as possible and the person named will be notified of the outcome on completion.

In the event that the person named is dissatisfied with the outcome of this review, the decision can be appealed to the independent Agriculture Appeals Office, within 3 months.

Basic Payment Scheme Payments

Questions (155)

Michael Healy-Rae

Question:

155. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the single payment scheme; and if he will make a statement on the matter. [4799/16]

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Written answers

An application under the Basic Payment Scheme was received in my Department from the person named on 17 May 2015. Payment under the Scheme recently issued to the nominated bank account of the person named.

Basic Payment Scheme Payments

Questions (156)

Michael Healy-Rae

Question:

156. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the agri-environment options scheme; and if he will make a statement on the matter. [4804/16]

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Written answers

The person named commenced their Agri-Environment Options Scheme (AEOS 3) contract on 1 May 2013. Payments have issued for the 2013 – 2015 scheme.

The person named was notified by letter dated 4 March 2016 that an overpayment had occurred following the withdrawal of one land parcel from the Scheme. This overpayment in the amount of €515.51 was recovered from the 2015 AEOS payment.

Basic Payment Scheme

Questions (157)

Tony McLoughlin

Question:

157. Deputy Tony McLoughlin asked the Minister for Agriculture, Food and the Marine the status of an application by a person (details supplied) under the single payment scheme; and if he will make a statement on the matter. [4810/16]

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Written answers

An application under the 2015 Basic Payment Scheme was received from the person named on 20 October 2015. Since the extended deadline for receipt of Basic Payment applications was 23 June 2015, this application is deemed to be late with a 100% penalty.

Further documentation has been received from the person named, and an official from my Department will be in direct contact with person named to discuss this matter.

Basic Payment Scheme

Questions (158)

Michael Healy-Rae

Question:

158. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a farm payment to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4814/16]

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Written answers

The application by the person named for approval to plant is currently under consideration in my Department and every effort will be made to expedite a decision in the matter.

Basic Payment Scheme

Questions (159)

Seán Kyne

Question:

159. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway received a penalty under the agri-environment options scheme 2; if an appeal has been received; when he will issue a decision on any such appeal; and if he will make a statement on the matter. [4818/16]

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Written answers

The applicant commenced their AEOS 2 contract on 1 September 2011 and was paid in full for the 2011 -2014 scheme years.

Under the EU Regulations governing the Scheme and other area-based payment Schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before payment can issue. The application of the person named was also selected for an on-farm inspection which took place on 23 September 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Traditional Stone Wall Maintenance action which resulted in a penalty being incurred. The applicant was notified of the inspection results by letter dated 14 December 2015 and advised of his right to seek a review by the Regional Inspector within 10 working days. The Regional Inspector did not receive any appeal.

The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less the appropriate penalty, will issue at the earliest opportunity.

Equine Data

Questions (160)

Maureen O'Sullivan

Question:

160. Deputy Maureen O'Sullivan asked the Minister for Agriculture, Food and the Marine the regulations in place regarding the seizure of animals when in co-operation with An Garda Síochána his Department officials make seizures of horses; his views that at the particular seizure of 29 horses as part of Operation Storm on 27 February 2016, there was a serious breach in guidelines and regulations by the non-segregated transport of sexually mature males and females, breeding stallions not being kept separate while being transported and animals of significantly different sizes not being transported separately; and if he will make a statement on the matter. [4820/16]

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Written answers

On 17th February 2016 29 horses were seized from the wetlands Kilkenny as part of an An Garda Síochána led multiagency operation. Following inspection, it was established that 27 of the horses were not identified in accordance with national and EU legislation.

The equines referred to were seized pursuant to Regulation 26(2)(v) of the European Communities (Identification of Equidae) Regulations 2016 (S.I. 62 of 2016) (as amended), which provides that equines may be seized where an authorised officer had reasonable grounds for believing that an offence was being committed under this legislation. This legislation also provides that Notices of the seizure and detention of any equines must be issued, providing the owner/keeper of the animals with an opportunity to reclaim the seized animals on production of the required documentation within 5 days. These procedures were fully complied with by the Department in this case.

The animals were handled and transported under veterinary supervision and in compliance with Council Regulation (EC) No 1 2005, Protection of Animals during Transport and Related Operations. Stallions were separated from the females in the group during Transport. With regards different sizes of animals, the Regulation provides that animals do not need to be handled and transported separated if they have been raised in compatible groups, are accustomed to each other, and where separation will cause distress.

I should emphasise that the horse meat issues which were uncovered in 2013 highlighted the importance of the proper identification of equine animals to the protection of the integrity of the food chain. In this regard, it is essential that equine animals are identified in accordance with legislation in order to ensure that only those animals that are eligible to be slaughtered for human consumption are included in the food chain. It is also important that all owners fully comply with equine identification legislation so that equines can be traced in the event of an outbreak of disease.

Areas of Natural Constraint Scheme Eligibility

Questions (161)

Seán Kyne

Question:

161. Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine the reason payment has not issued to a person (details supplied) under the areas of natural constraint scheme 2015; if a copy of the flock register has been sought to account for lambs born during the year; if stocking restrictions due to farm location within the Twelve Bens mountain range has been taken into account on judging eligibility for this payment; and if he will make a statement on the matter. [4838/16]

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Written answers

An application under the 2015 Areas of Natural Constraint (ANC) Scheme was received in my Department from the person named on 21 May 2015.

Under the 2015 ANC Scheme, eligible applicants are required to have met a minimum stocking density of 0.15 livestock units for a retention period of seven consecutive months and to maintain an annual average of 0.15 livestock units calculated over the twelve months of the scheme year. Payment under the ANC scheme has not issued in this case as, at this stage, the holding concerned has not satisfied the scheme’s minimum stocking density requirements. An official from my Department has been in direct contact with the person named to advise him of the outstanding issues. I understand that further documentation in relation to this issue is now to be forwarded to the Department. On receipt of this documentation, the application will be further reviewed.

Basic Payment Scheme Payments

Questions (162)

Michael Healy-Rae

Question:

162. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the agri-environment options scheme; and if he will make a statement on the matter. [4849/16]

View answer

Written answers

The person named commenced their AEOS 2 contract on 1 September 2011 and was paid in full for the 2012 – 2014 Scheme years.

Under the EU Regulations governing this scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before payment can issue. The application of the person named was also selected for an on-farm inspection which took place on 9 October 2015. During this inspection non-compliance with the Terms and Conditions of the Scheme was noted in relation to the Natura, Traditional Hay Meadow and Species Rich Grassland actions which resulted in a penalty being incurred. The applicant was notified of the inspection results by letter dated 6 January 2016 and advised of his right to seek a review by the Regional Inspector within 10 working days. The Regional Inspector did not receive any appeal.

The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less the appropriate penalty, will issue at the earliest opportunity.

Aquaculture Licence Applications

Questions (163)

Michael Healy-Rae

Question:

163. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a licence application for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4856/16]

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Written answers

The application for an aquaculture licence referred to by the Deputy is in respect of a site located in Castlemaine Harbour, which is designated as a Special Area of Conservation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site).

All applications in ‘Natura’ areas are required to be appropriately assessed for the purpose of environmental compliance with the EU Birds and Habitats Directives. My Department, in conjunction with the Marine Institute and the National Parks and Wildlife Service (NPWS) is engaged in a comprehensive programme of gathering the necessary baseline data appropriate to the Conservation Objectives of ‘Natura’ areas. This data collection programme is substantially complete. This is followed by data analysis and the setting of appropriate Conservation Objectives by the NPWS. Once this process is complete all new, renewal and review aquaculture applications can be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives.

The Appropriate Assessment of Castlemaine Harbour has been completed and the relevant licensing determinations have been made based on applications to hand at the time of the assessment. The specific application referred by the Deputy was submitted to my Department subsequent to the carrying out of the Appropriate Assessment process for this harbour. Accordingly, it was not possible to assess this application against the designated Conservation Objectives for the harbour.

The optimum method for appropriately assessing applications by individual operators, who were not included in the initial overall assessment procedure, is under consideration by my Department. The process must comply with best scientific practice and be achieved in a manner which will be acceptable to the national authorities and to the EU Commission.

In the meantime, the assessment procedures agreed with the EU Commission require Appropriate Assessments in respect of aquaculture activities to be carried out by the national authorities and unilateral departure from these arrangements is not possible.

Every effort is being made to expedite the conclusion of this matter as soon as possible.

Basic Payment Scheme Payments

Questions (164)

Michael Healy-Rae

Question:

164. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the agri-environment options scheme; and if he will make a statement on the matter. [4857/16]

View answer

Written answers

The person named commenced their AEOS 2 contract on 1 September 2011 and has been paid in full for the 2011 to 2014 Scheme Years.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before payment can issue.  The application of the person named was also selected for an on-farm inspection which took place on the 2nd September 2015. During this inspection non-compliances with the Terms and Conditions of the Scheme were noted in relation to the Commonage action which resulted in a penalty being incurred. The applicant was notified of the inspection results by letter dated 11 November 2015 and advised of his right to seek a review by the Regional Inspector within 10 working days. The Regional Inspector did not receive any appeal.

The application will now be processed on the basis of the inspection findings and payment in respect of the 2015 Scheme year, less the appropriate penalty, will issue at the earliest opportunity.

Basic Payment Scheme Payments

Questions (165)

Michael Healy-Rae

Question:

165. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the agri-environment options scheme [4858/16]

View answer

Written answers

The person named commenced participation in the Agri-Environment Options Scheme (AEOS 3) on 1 May 2013, and was paid in full in respect of the 2013-2014 Scheme Years.

Payment in respect of the 2015 scheme year issued in two parts, 85% in the amount of €3,295.88 on the 1 February 2016 and the remaining 15% on 3 February 2016.

Basic Payment Scheme Payments

Questions (166)

Michael Healy-Rae

Question:

166. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of a payment to a person (details supplied) in County Kerry under the basic payments scheme; and if he will make a statement on the matter. [4860/16]

View answer

Written answers

An application under the 2015 Basic Payment/Areas of Natural Constraints Scheme was received from the person named on 18 May 2015. The relevant advance and balancing payments under the Basic Payment Scheme issued to the bank account of the person named in November and December of 2015.

Payment under the ANC scheme has not issued in this case as, at this stage, the holding concerned has not satisfied the scheme’s minimum stocking density requirements. Officials in my Department are currently examining further documentation which has been received. The outcome of this process will be notified shortly to the person named.

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