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Basic Payment Scheme Appeals

Dáil Éireann Debate, Thursday - 14 April 2016

Thursday, 14 April 2016

Questions (197)

Michael Creed

Question:

197. Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive a decision on an appeal under the basic payment scheme; and if he will make a statement on the matter. [6554/16]

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Written answers

The EU Regulations governing the administration of the Direct Payment Schemes require that full and comprehensive administrative checks, including in some cases on farm inspections, be completed to confirm eligibility under the schemes. The 2014 application of the person named, under the Single Payment/Disadvantaged Areas Scheme, was selected for a Remote Sensing inspection. This initial inspection identified an over-declaration in area between 3% and 20%. Under the Terms and Conditions of these schemes this resulted in the 2014 payments being based on the found area being reduced by double the difference between the area found and the area declared. The person named was notified of this decision on 9 December 2014. Payments, on this basis, under the 2014 Single Payment Scheme and Disadvantaged Areas Scheme issued to the nominated bank account of the person named on 15 December 2014 and 23 December 2014, respectively.

A review of the outcome of this inspection identified the need for the verification of the position on the ground by means of a field visit. This inspection identified further discrepancies between the area declared and the area determined resulting in an over-declaration in area of greater than 50% under both the Single Payment and the Disadvantaged Areas Schemes. Based on the Terms and Conditions of these schemes this resulted in no payment being due in respect of 2014 and the application of administrative fines to be offset against future EU payments. The person named was notified of the outcome of this further inspection on 27 April 2015.

As payments had already issued under the 2014 Single Payment and Disadvantaged Areas Schemes, my Department was required to recover the over-payments from future payments, including REPS payments, issuing to the person named. The person named has sought a review of this decision and this review process is nearing completion. The person named will be notified directly of the outcome.

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.

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