Dáil Éireann Debate, Tuesday - 18 September 2012
1384. Deputy Éamon Ó Cuív asked the Minister for Agriculture; Food and the Marine if he intends to change the cross-compliance rules for small farmers under 10 hectare so that they do not suffer total loss of their grants for very small hectarage of over claims and where a 3% over-claim is at most 0.3 of a hectare and often much less; and if he will make a statement on the matter. [37892/12]
Amharc ar fhreagraPenalties will not be imposed on the Single Farm Payment in relation to an over-declaration of eligible areas if the total eligible area determined (found) is equal to or greater than the number of payment entitlements held by the applicant. Under the provision of Regulation (EC) No 1122/2009, which is directly applicable in Ireland and all other Member States, where the claimed area is over-declared and the total eligible area determined is not sufficient to support the number of entitlements held, then penalties will be applied in accordance with the provisions of Articles 55, 56, 57, 58 and 60 of above-mentioned Regulation. These Articles also refer to the Grassland Sheep Scheme, the Protein Aid Scheme and the Burren Farming for Conservation Programme.
Regarding the Single Payment Scheme, if there is a difference between the payment entitlements held and the area declared on the application, the calculation will be based on the lower of the two figures. If the difference is less than 3% of the area found, payment will be based on the area found. However, if the difference is greater than 2 hectares, the penalties as outlined below will be applied. If the difference between the declared area and the determined area is equal to or less than 0.1 hectares, payment is based on the declared (claimed) area.
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Difference between the number of eligible hectares determined (found) and the number of hectares declared or the number of Single Payment entitlements held if lower. |
Level of Reduction/Exclusion |
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If the difference is greater than 3% but not more than 20% of the area determined (found), or if the area not determined is less than 3% but greater than 2 hectares for the crop group concerned: |
Payment is based on the number of eligible hectares determined (found) reduced by twice the difference (in hectares) between the number of hectares declared or the number of entitlements held if lower. |
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If the difference is greater than 20% of the area determined (found): |
No payment is made under the Single Payment Scheme for the Scheme Year in question. |
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Greater than 50%: |
No payment is made under the Single Payment Scheme for the Scheme Year in question and an administrative fine amounting to the value of the Single Payment on the number of hectares over-declared (that is, the difference between the number of hectares determined (found) and the number of hectares declared or the number of Single payment Scheme entitlements held if lower) will be offset against any EU payment due to the applicant during the course of the three calendar years following the year in which the determination was made. |
- Where there is an intentional over-declaration of area up to 20%, no SPS payment will be made in the year of application. This provision will apply if the difference between the area declared and area determined is more than 0.5% of the area determined or more than one hectare.
- Where there is an intentional over-declaration of area over 20%, no payment is made under the Single Payment Scheme for the Scheme Year in question and an administrative fine amounting to the value of the Single Payment on the number of hectares over-declared (that is, the difference between the number of hectares determined (found) and the number of hectares declared or the number of Single payment Scheme entitlements held) will be offset against any EU payment due to the applicant made during the course of the three calendar years following the year in which the determination was made.
If the declared area is subject to any reduction or exclusion, including a reduction of less than 3%, and the applicant holds more than one set of payment/entitlements, the payment is calculated on the average value of the entitlements held. The average is based on the number of hectares declared.
This penalty regime will also apply, where applicable, to area over-declarations under the Grassland Sheep Scheme and the Protein Aid Scheme, REPS and AEOS schemes.
