Brendan Griffin (Kerry, Fine Gael)
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2512. To ask the Minister for Agriculture, Food and the Marine if two basic payment entitlements in respect of a person in (details supplied) in County Kerry will be reinstated; and if he will make a statement on the matter. [19543/21]

Charlie McConalogue (Donegal, Fianna Fail)
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The person named leased out three sets of entitlements (7.37, 2.63 and 10 entitlements) to three different farmers for one year under the 2020 Basic Payment Scheme.

The farmer who leased in the set of 10 entitlements from the person named did not use 100% of his entitlements at least once out of the two consecutive years (2019 and 2020 Scheme Years) and, in line with EU Regulation No 1307/2013, the unused entitlements (two of the leased-in entitlements) were reverted to the National Reserve in 2020. The Department notified both parties in writing of this position on 9th December 2020. The appeal in this case did not result in the third party having enough eligible hectares to support the entitlements that have now reverted to the reserve.

In cases where entitlements are leased out, the Lessor’s entitlements are subject to the Lessee’s usage position because usage is assessed at the level of the individual farmer. If a farmer has unused entitlements for two consecutive years, the lowest value entitlements held by that farmer revert to the National Reserve in the second year of non-use, regardless of whether they are leased, owned or were previously the subject of a transfer.

In this case, the owner may still appeal the loss of the entitlements as outlined by the Department in the notification that was sent to him on 9th December 2020.