The position is that an application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 4th April 2006. As part of the control procedures, the application was selected for a Ground Eligibility/Cross Compliance Inspection. The inspection was undertaken on the 21st August 2006. During the course of the inspection the inspecting officer concluded that a parcel included on the application form submitted, was not being farmed by the applicant. As a result of this finding the claimed area of 30.88 ha. was reduced to 23.81 ha. The person named was informed of these findings on the 13th September 2006 and of their right to have the decision reviewed.
Under EU Regulations if the total standard area found is not sufficient to support the number of entitlements held penalties will be applied as per Article 50/51/53 of Commission Regulation (EC) No. 796/2004 and as per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 29.99. As the difference between the area declared and the area found was more than 20%, under EU Regulations, no payment was due.
A request for a review of the decision was received from the person named on the 17th January 2007. The reviewing officer, taking into account all documents submitted, upheld the original findings and the person named was informed of this decision on the 28th May 2007. They were also informed of their right to appeal the decision. To date no appeal has been made. However if the person named wishes to appeal this decision she should do so within 3 months of the date of the review. The appeal should be submitted in writing to the Agriculture Appeals Office, Kilminchy Court, Portlaoise, Co. Laois using the standard appeal form, which is available from each Local Office.