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Gnáthamharc

Departmental Schemes.

Dáil Éireann Debate, Thursday - 25 March 2004

Thursday, 25 March 2004

Ceisteanna (70, 71)

Willie Penrose

Ceist:

70 Mr. Penrose asked the Minister for Agriculture and Food the position regarding persons who took early retirement due to serious health problems in respect of the impact of the Fischler proposals upon such persons; the position regarding family members of a retiree who wish to continue in farming; if, under the aforesaid proposals, they will at least have first preference to entitlements from the national reserve; if they will be able to activate their parents’ quota; if the current lessees will not have to rent the lessor’s land to activate all their entitlements; and if he will make a statement on the matter. [9528/04]

Amharc ar fhreagra

Freagraí scríofa

My Department is involved in working groups and in continuing discussions with the European Commission on the detailed rules for implementing the mid-term review agreement. I have already raised a number of issues relating to farmers who have retired under the early retirement schemes, and the implications for them of decoupling and the single payment scheme. The early retirement schemes is a voluntary scheme so the discussions do not differentiate between those who may have been forced to retire on health grounds and those who simply elected to retire.

Under the European Council regulation introducing the single payment scheme, a farmer may have access to the scheme if he or she was an active farmer during one or more of the reference years 2000, 2001 and 2002, and received payments under the livestock premia and/or arable aid schemes. In addition, farmers for whom entitlements will be established must activate those entitlements in 2005 by continuing to farm and submitting an area aid declaration in that year. In general, farmers must also have an eligible hectare of land for each payment entitlement. This does not have to be the same land on which the entitlements were established.

Farmers participating in the early retirement scheme before the commencement of the reference period will not have any entitlements established for them under the single payment scheme. This is because they had already retired from farming and their obligations under the early retirement scheme preclude them from returning to farming in the future. The persons who were leasing these retired farmer's lands, and were active farmers in the reference period, will have entitlements established for them. It should be noted that entitlements are attached to the farmer who was actively farming during the reference period, and not to the land.

During the Council negotiations last year I secured agreement that farmers — including offspring of farmers who retired before the reference period — who take over the holding of the retired farmers at some date in the future will be able to apply to the national reserve for payment entitlements under the single payment scheme. In the case of inheritance, including anticipated inheritance where the farmer hands over the holding definitively to his or her successor, the entitlements established by the farmer will pass directly to the beneficiary. Special arrangements have also been made for young farmers who started in farming during the reference years that allows them to have their entitlements based on the number of years they farmed in those years rather than on the average of the three years.

Farmers who entered the early retirement scheme during or after the reference period will have entitlements established for them, provided they were actively farming during the reference period and received payment under the relevant schemes. Due to the fact that these farmers undertook to give up farming definitively when they joined the early retirement scheme, they will not be in a position to obtain payment under the single payment scheme in 2005 or thereafter. The European Council regulation provides for such entitlements to revert to the national reserve. However, the question of whether retired farmers in this category should be allowed to activate entitlements — not for their own use but with a view to leasing them out in 2005 and thereafter — is one of the items still under discussion in the context of the Commission detailed rules regulation. Agreement on the detailed rules is not expected until the end of this month or early in April and will have to be awaited.

Willie Penrose

Ceist:

71 Mr. Penrose asked the Minister for Agriculture and Food the reason a person (details supplied) in County Westmeath, who is engaged in full-time farming and has no other farming activity for either themselves or their spouse, has not been granted milk quota from the national reserve; and if he will make a statement on the matter. [9529/04]

Amharc ar fhreagra

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. It also examines applications from producers whose herds have been restricted by animal disease in the current quota year.

In considering applications on the grounds of animal disease the tribunal takes account of the producer's total available quota, the quantity and pattern of milk deliveries, and the estimated requirement until the end of the quota year. Furthermore, it also makes allowance for other factors such as the length of time the herd was restricted, the increase in herd size due to the restriction, and the availability of temporary leasing in the producer's co-operative.

The person in question submitted an application for additional quota on the grounds of animal disease but, having considered the application, the tribunal did not recommend an allocation on this occasion. While every application to the tribunal is treated in a fair and sympathetic manner it has not been possible, within the constraints of the limited amount of quota available and the sizeable number of applications received, to meet the demands for quota from all applicants. However, the person concerned may submit an appeal to have the tribunal review the decision in his case.

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