Michael Healy-Rae
Ceist:197. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the status of an appeal by a person (details supplied); and if he will make a statement on the matter. [10736/16]
Amharc ar fhreagraWednesday, 18 May 2016
Ceisteanna (197)
Freagraí scríofa
Under the Single Payment Scheme, land afforested since 2009 was eligible subject to certain conditions, including that the applicant had to retain 10% of the eligible hectares declared in 2008 in an agricultural activity subject to a minimum of 3 hectares. The person named did not meet the 10% condition in 2013. Accordingly, he did not receive payment under the Single Payment Scheme in 2013 and thus did not qualify for an allocation right into the new Basic Payment Scheme. An application for a Review of Entitlements was submitted on the 8 th March 2016 in which the person named requested to appeal his exclusion from an allocation of entitlements under the Basic Payment Scheme on grounds of Force Majeure.
Under EU Regulation ‘force majeure’ is defined as:
(a) The death of the beneficiary;
(b) Long-term professional incapacity of beneficiary;
(c) A severe natural disaste r gravely affecting the holding.
The Review application submitted by the person named was examined on force majeure grounds but as the circumstances pertaining to his case do not comply with the EU definition of force majeure the application was deemed to be unsuccessful. The person named has been notified of this decision in writing and provided with a right of appeal.