Dáil Éireann Debate, Tuesday - 2 November 2021
1172. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if, per Article 2(2) of EU Regulation No. 1306/2013 and Article 4(1) of EU Regulation No. 640/2014, he plans to ensure that farmers are paid their basic payments without penalty applied in respect of force majeure; and if he will make a statement on the matter. [52375/21]
View answer1210. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if, per Article 2(2) of EU Regulation No. 1306/2013 and Article 4(1) of EU Regulation No. 640/2014, he plans to see farmers paid their basic payments without penalty applied in respect of force majeure; and if he will make a statement on the matter. [52548/21]
View answerI propose to take Questions Nos. 1172 and 1210 together.
Under the terms and conditions for the Basic Payment Scheme, force majeure may be recognised for a number of reasons, including for example the death of the beneficiary, the long term incapacity of the beneficiary or in the case of a severe natural disaster gravely affecting the holding.
Where an applicant wishes to rely on force majeure, the obligation is on the beneficiary to notify in writing, to the Department, the occurrence of such an event.
The notification has to be submitted, with relevant evidence to the satisfaction of the Department, within 15 working days from the date on which the beneficiary or the person entitled through him/her, is in a position of doing so.
All applications for Force Majeure are considered individually based on the facts of the case. If Force Majeure is recognised, no penalties are applied.
Where an applicant disagrees with a decision of the Department regarding Force Majeure, they have a right of appeal to the independent Agriculture Appeals Office.
