The Agricultural Appeals Office received 598 appeals in 2016, down 3.5% on the previous year, its new annual report shows. This is the lowest number of appeals received in eight years. The highest number of appeals came from Co Galway (81), followed by Co Mayo (60).

In 45% of cases, the farmer’s case was disallowed, while 41% resulted in the Department allowing the appeal, partially allowing it or revising its previous decision. Some 14% of appeals were withdrawn, invalid or missed the three-month deadline to appeal that follows a decision by the Department. These figures are similar to those observed in 2015.

Agri-environmental schemes represented the largest number of appeals, with 114 cases related to AEOS and 59 to its successor GLAS. Inspections relating to BPS and ANC payments were the second largest cause of appeals, with 70 cases.

The Agricultural Appeals Office issued suggestions based on the cases it recveived, including the following.

To farmers

  • If leasing land under AEOS, make sure your lease runs until after the end of your AEOS contract.
  • Check the details of your existing scheme contracts before make decisions such as selling land or stopping leases and “obtain the Department’s view in writing prior to proceeding with such decisions”.
  • Make sure all animals including horses and donkeys are registered for ANC stocking purposes.
  • Be aware of the ANC penalties applicable if you fail to submit the sheep census form.
  • Use registered post to obtain proof of postage when sending documents to the Department or the Agricultural Appeals Office.
  • Always include a copy of the Department decision you are challenging when lodging an appeal.
  • If appealing after the three-month deadline has elapsed, provide proof of the reason for the delay.
  • To the Department

  • Allow joint herd owners and partnerships to nominate a representative, including for on-the-spot inspections.
  • Include a copy of the terms and conditions or the EU rules applicable when imposing a penalty.
  • If amending the terms and conditions of a scheme running over several years, “Department policy and procedures should provide the option to exit the contract without penalty”.
  • Any photographs taken during land eligibility inspections “should be dated”.
  • ”Scheme terms and conditions should ensure applicants are fully aware of the type of penalties that can be applied across schemes and for susbequent years.”
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