Dáil Éireann Debate, Tuesday - 21 September 2021
683. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the primary legislation, statutory instruments and EU directives which serve as the basis for which his Department implements penalties and interest when recouping monies from farmers who have withdrawn from, or have been found to be in breach of a Departmental scheme; and if he will make a statement on the matter. [44755/21]
Amharc ar fhreagraI wish to advise the Deputy that the information requested is set out in the attached table.
|
Name of Scheme |
Withdrawn from or in breach of a Departmental Scheme |
Name of Primary Legislation |
Name of Statutory Instrument |
Name of EU Directives/Regulation |
|
All Schemes |
Both |
S.I. No. 13/2006 - European Communities (Recovery of Amounts) (Amendment) Regulations 2006 sets out the rate of interest of 3% per annum which is applied when recouping relevant scheme related debts arising from overpayments and penalties. |
Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance |
|
|
Nitrates Regulations |
Breaches |
The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017 Known as “the Nitrates Regulations” |
S.I. 605 of 2017, The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2017 |
Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures |
|
Nitrates Derogation |
Failure to comply results in rejection of the derogation application thus placing the farmer subject to the lower limit as set out in the Nitrates regulations. Penalties may result. |
The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018 |
S.I. 65 of 2018, The European Union (Good Agricultural Practice for Protection of Waters) (Amendment) Regulations 2018 |
Sanctions are provided for in EU Regulations 1306/2013; 640/2014 and 809/2014 and is applied under the Terms & Conditions of the Direct Payments Schemes and Rural Development Programme measures |
