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Rural Environment Protection Scheme Appeals

Dáil Éireann Debate, Wednesday - 29 November 2017

Wednesday, 29 November 2017

Ceisteanna (373)

Michael Healy-Rae

Ceist:

373. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter regarding the case of a person (details supplied); and if he will make a statement on the matter. [50858/17]

Amharc ar fhreagra

Freagraí scríofa

My Department fully examined the circumstances of the Force Majeure application of the person named and decided that the application did not satisfy the criteria laid down in Article 40 of Council Regulation EC No 1782/2003 determining Force Majeure. This decision also took into account the provisions of Article 40.5 of that Regulation.

In considering this decision particular regard was given to the circumstance surrounding the decision of the person named to sell suckler enterprise and suckler quota.  It was however deemed that this was a management decision and therefore did not fall within the provisions of Force Majeure.  The decision of the person named to join the REPS scheme was voluntary and all decisions thereafter, taken in order to comply with the conditions of the scheme, follow from this initial voluntary decision.

The person named appealed this decision to the Independent Single Payment Appeals Committee and submitted a complaint to the Office of the Ombudsman, who having re-examined all aspects of the case recommended that the original decision taken by my Department should be upheld.

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