Jim O'Keeffe
Ceist:716 Mr. J. O’Keeffe asked the Minister for Agriculture and Food if her Department will finalise its consideration of a case involving a transfer of entitlements (details supplied). [9892/07]
Amharc ar fhreagraTuesday, 20 March 2007
Ceisteanna (646, 647, 648, 649, 650, 651, 652)
Freagraí scríofa
The position is that an application for the Transfer of Entitlements under the 2006 Single Payment Scheme from the first person named was submitted on the 31st March 2006.
The Regulations governing the transfer of entitlements provide that Single Payment entitlements may be transferred without land only if the transferor has used at least 80% of his payment entitlements in one calendar year. This application for the transfer of entitlements from the first person named was rejected as he did not use 80% of his entitlements in 2005. A formal letter outlining this decision was issued in this case on the 14th March 2007.
Jim O'Keeffe
Ceist:717 Mr. J. O’Keeffe asked the Minister for Agriculture and Food if her Department will expedite its deliberations on a single farm payment entitlement under force majeure (details supplied). [9893/07]
Amharc ar fhreagraThe person named submitted an application for consideration of his circumstances under the Force Majeure/Exceptional Circumstances measure of the Single Payment Scheme. Having assessed the application, my Department informed the person named that the circumstances outlined did not fulfill the Force Majeure criteria laid down in Article 40 of Council Regulation (EC) No. 1782/2003. The person named appealed this decision to the Independent Single Payment Appeals Committee who recommended that the decision of my Department be upheld.
The person named also applied for the New Entrant measure of the Single Payment Scheme. This application was successful with the reference years 2000 and 2001 excluded and the year 2002 utilised for the purposes of calculating his Single Payment. Payment in respect of the 2005 and 2006 Single Payment Schemes have been issued in full to the person named.
Michael Lowry
Ceist:718 Mr. Lowry asked the Minister for Agriculture and Food the reason a payment has been withheld from a person (details supplied) in County Tipperary; if she will ensure full payment is made as soon as possible; and if she will make a statement on the matter. [9920/07]
Amharc ar fhreagraMy Department's records have revealed that the farming enterprise of the person named produced considerably in excess of the REPS upper limit of 170 kgs organic nitrogen per hectare in 2005. This is a serious breach of the Scheme conditions. He was informed of this breach by letter on 4 September 2006 and was asked for an explanation. He provided an unsatisfactory explanation and my Department will be writing to him again shortly.
Paul Kehoe
Ceist:719 Mr. Kehoe asked the Minister for Agriculture and Food the reason a person (details supplied) in County Wexford is not entitled to receive single farm payment; and if they are entitled to apply through the national reserve. [9928/07]
Amharc ar fhreagraThe position is that Single Payment entitlements were generally established for farmers who were farming and in receipt of direct payments under the Livestock Premia and/or Arable Aid Schemes during the reference years 2000, 2001 and 2002 and who continued to farm in 2005. The person named did not receive payments under the Livestock Premia and/or Arable Aid Schemes during the reference years and therefore no Single Payment entitlements were established for him.
Farmers who commenced farming after 31 December 2002 or who were farming during 2002 but did not receive any direct payments in respect of that year were eligible to apply for entitlements from the 2005 National Reserve. A similar category was included under the 2006 National Reserve. The closing date for receipt of applications under the 2006 National Reserve was 22 October 2006.
The person named did not submit an application under the 2005 or 2006 National Reserve measures of the Single Payment Scheme. However, my Department will now send him an application for the 2006 National Reserve in case he qualifies as a new entrant to farming under Category B.
Tom McEllistrim
Ceist:720 Mr. McEllistrim asked the Minister for Agriculture and Food the reason a farmer (details supplied) in County Kerry has not been awarded their brucellosis grant for the years 1995 to 1997, inclusive. [9936/07]
Amharc ar fhreagraMy Department has been informed by the Office of the Chief State Solicitor that, while there have been no developments in the case in the past two years, they have not been informed by the legal representatives of the person concerned that the case has been withdrawn. If it is the intention of the person concerned to withdraw the case, he or his legal representatives should notify the State Solicitor immediately.
Marian Harkin
Ceist:721 Ms Harkin asked the Minister for Agriculture and Food the moneys paid out and to whom in respect of a commonage (details supplied); and the written proof of entitlement to payment each of the payees submitted to her Department. [9959/07]
Amharc ar fhreagraUnder EU legislation in order to draw down Single Payment, an applicant must declare an eligible hectare to accompany each entitlement.
As stated in the terms and conditions of the Scheme, in all cases where commonage shares/grazing rights are declared for the purposes of using entitlements, one of the conditions of eligibility is the existence of documentary evidence of entitlement to the shares/rights declared. In general this condition can be satisfied by submitting a copy of the Land Registry Folio showing registered commonage shares, or copy of Land Registry Folio showing grazing rights held, Land Commission Vesting Order, certified copy of relevant estate papers from Land Commission records, grant by the freehold legal owner, grazing trust deed, or grant of deed by the original estate landlord.
These documents may be requested in one or all years that the land is being claimed, particularly in cases where commonage is in dispute or where the applicants on the same commonage change from one year to the next.
In circumstances where no documentary evidence as listed above exists, my Department may for the purposes of claiming the EU Single Payment/Disadvantaged Areas Scheme, accept a joint affidavit signed by all shareholders setting out the total number of commonage shares, each shareholder's share entitlement, an undertaking that if at any future date a person, other than the deponents or their successors, establishes a claim to existing share, such person would be accommodated by a proportionate reduction in the existing shares as set out in the affidavit, and the statement that the affidavit will not be used for purposes other that those for which it was prepared. Any such affidavit shall be accompanied by a map of the Commonage, showing the total area, and documentation showing that the deponents have made every reasonable effort to establish a definitive list of shareholders relative to the entire area to which the affidavit refers.
In the case of the commonage in question, the above documentation has been requested as proof of entitlement to payment for each of the applicants applying for Single Payment and also area aid payments from 2000-2006. However, as the information requested by the Deputy is not specifically on behalf of one applicant, and relates to a number of applicants over a number of years, such third party information which is of a confidential and commercially sensitive nature cannot be disclosed without prior consultation and approval by the people in question.
Tom McEllistrim
Ceist:722 Mr. McEllistrim asked the Minister for Agriculture and Food the reason a person (details supplied) in County Kerry, has not received their single farm payment despite being assured by her transfer of entitlements section that it would be expedited some months ago. [9989/07]
Amharc ar fhreagraThe position is that an application for the Transfer of Entitlements under the 2006 Single Payment Scheme from the first person named was received on the 30th March 2006. The application is now fully processed and payment in respect of 12.58 transferred entitlements will issue shortly.