Guide on how to complete your 2013 Single Application (SAF1) and Field Data Sheet (FDS) You can get a copy of this document in other formats, such as: • Large print • Braille • Audio CD • Computer disk • Other languages To get a copy of this document in another format contact: Single Farm Payment Branch Orchard House, 40 Foyle Street, Derry/Londonderry, BT48 6AT Tel: 0300 200 7848 Fax: 028 7131 9800 E-Mail: gspd.sfps@dardni.gov.uk GUIDE TO COMPLETING YOUR 2013 SINGLE APPLICATION FORM (SAF 1) AND FIELD DATA SHEET (FDS) Please read this Guide carefully. The Guide sets out the information needed to complete your 2013 Single Application Form and Field Data Sheet if you apply for any of the following: • 2013 Single Farm Payment Scheme (SFP) • 2014 Less Favoured Area Compensatory Allowances (LFACA) • 2013 Northern Ireland Countryside Management Scheme (NICMS) • 2013 Organic Farming Scheme (OFS) • Application and registration process for Agricultural Waste Authorisations We must apply the rules of the SFP and other schemes in line with European Union (EU) Regulations. If you do not meet these rules your application may be penalised and your payment reduced. Make sure that you fully understand and can meet the rules of each scheme you apply for. We do not have any discretion to vary the rules to meet individual cases of hardship. This Guide is not a full statement or interpretation of the law (which only the European Court of Justice can give) and it cannot replace specific advice on specific questions. The Department of Agriculture and Rural Development (DARD) will take every possible step to identify and pursue all attempted fraudulent claims and will only pay on claims to area-based aid schemes where eligibility has been established beyond reasonable doubt. DARD Fraud Hotline Number: - FREEPHONE 0808 100 2716 Contents Section Subject 1 2 3 4 Page Introduction 1 Your 2013 Single Application Form 1 Paper based applications 1 Changes for the 2013 Scheme 3 The 2013 scheme map, field information table and your 2013 FDS 3 Claiming for NICMS and OFS 4 Dual use claims and written conacre licence agreements 4 Shared grazing and claiming fields or parts of fields with no clear physical boundaries 4 Duplicate fields 4 Cross-Compliance 5 Review of decisions process and LFACA 5 Guide to Land Eligibility booklet 2013 Update 5 Modulation 6 Registration of Agricultural Waste Authorisations 6 Your 2013 scheme map, MEA and notifying changes 7 Maps 7 Maximum Eligible Area (MEA) 7 Changes to field boundaries after 15 May 2013 8 Tenants 9 New entrant to farming 9 Change of ownership 9 Common grazing 9 Completing your 2013 SAF and FDS 10 Before you start 10 FDS Columns A - E field information 11 FDS Column F Maximum Eligible Area (MEA) 12 Completing your FDS 13 Checking your FDS 13 Agricultural land you need to include on your FDS 15 5 Shared grazing, multiple claimant fields and field boundaries 17 6 How to complete your SAF 1 19 Field Information Table - Example 30 Field Data Sheet (FDS) - Example 32 7 Important dates in the application process 36 8 Information for landowners and tenants on claiming SFP, LFACA and other area-based aid schemes 37 Who is eligible for SFP? 37 Landowners 37 Tenants 37 Should I be claiming SFP on the land? 38 Land use and SFP 38 Who is eligible for 2014 LFACA? 39 Land use and LFACA 40 Dual use claims 40 Duplicate field claims 41 Specific issues of interest 42 DARD online services 42 Order of activating your SFP entitlements 43 €100 minimum payment for SFP 44 Land claimed for SFP under a NIEA designated site 44 On-the-spot (OTS) land eligibility checks (inspections) 45 Cross-Compliance responsibilities 46 General points to remember 48 Nomination of authorised person 48 Amendments, corrections or withdrawals of application forms 48 9 10 Obvious error 50 Cross-border applications 50 Penalties 51 Modulation 51 Force majeure and exceptional circumstance 53 Land taken out of production due to force majeure and exceptional circumstances 53 Ash dieback and force majeure 55 12 Eligible land use codes for column G 56 13 Standards of service 59 14 Contact details 62 11 Annex 1 Types of ineligible features 66 Annex 2 Press release on dual claims 67 Annex 3 Press release on SFP entitlements 68 Annex 4 Terms of reference 69 Annex 5 List of other information guides available 70 Section 1 Introduction Your 2013 Single Application Form This Guide explains how to complete your 2013 Single Application (SAF1) and Field Data Sheet (FDS) and sets out the changes to be applied for the 2013 Scheme year. You must submit a SAF 1 and FDS to apply for any of the area-based aid schemes listed on the application form. You are advised to complete your 2013 SAF and send it to us well in advance of the closing date for receipt of applications on 15 May 2013. The Department would, however, prefer to receive your Single Application online. To do this, you will need a Government Gateway ID and password. If you don’t already have an ID, you should contact the Department’s online services team on 0300 200 7843 or visit www.dardni.gov.uk/onlineservices For further information about online applications see Section 9. New and improved maps have been issued to all farmers to support the 2013 Single Application. It is very important that you give yourself plenty of time to study your map and compare it with the situation in your fields before you complete your application. We recommend that you complete the FDS part of your application first. Refer to this Guide as you work through your application. In particular, follow the instructions given in Sections 3, 4, 5 and 6. Take the time to ensure you complete your application accurately. This will help avoid any delay in your payment and avoid possible penalty. Paper based applications If you decide to complete your application by hand this can be submitted to DARD by post in the envelope provided or by submission at a local DARD Direct office. See Section 14 for office addresses. • Use black ink and write clearly inside the boxes. If your form is not legible, it could delay the processing of your application. • Do not use correction fluid. If you need to make a change, cross out and initial the original entry and enter the amendment. • Sign your completed SAF1 and each FDS. It is your responsibility to make sure your 2013 SAF arrives before the closing date of the scheme. We will write and tell you that we have received your posted application. We do not issue a reminder if we do not receive an application from you. 1 Apart from online applications, we will only accept an original version of the 2013 SAF1 and FDS. We will not accept photocopies or forms which have been downloaded from our website. Contact the Department at Orchard House if you do not receive an acknowledgment letter within 3 weeks of posting your application. See Section 14 for contact details. 2 Section 2 1. Changes for the 2013 Scheme The 2013 scheme map, field information table and your 2013 FDS You will be aware of the remapping exercise being carried out by the Department, known as the Land Parcel Identification System (LPIS). The LPIS exercise has meant that over 70% of fields in Northern Ireland have been changed in some way. As the majority of fields have been changed we have not pre-populated Columns G to J of the FDS. This would usually have been pre-populated with last year’s (2012) claim information but, because of the changes to fields, it is no longer appropriate in the majority of cases. Columns G to J of the FDS need to be completed by you for your 2013 claim. Further information on completing your FDS using your 2013 scheme map and field information table is at Section 4. You should have already received a 2013 scheme map and a field information table along with a guide explaining how to check them both. The scheme map and field information table contain an important new piece of information to help you complete your 2013 Single Application accurately. This is the Maximum Eligible Area (MEA) for each field. The MEA is our assessment of the maximum area that you can use to claim SFP and LFACA in each field. The MEA held on our mapping system has been used to pre-populate Column F of your FDS and will also be used to validate the area you claim for SFP and/or LFACA in 2013. The most important things for you to remember are: • You should not claim a larger area than the MEA shown at column F on the FDS, unless you are very sure that this area is wrong and you have already completed and sent us a LPIS correction form to tell us about the changes that are needed. • You can claim less than the MEA, but you must ensure that you deduct any other ineligible areas from your claim that we have not included on your map. • You only need to record eligible land use at Column G. You do not need to record the ineligible areas. There is further information on your map, MEA and notifying changes to these in Section 3. 3 2. Claiming for NICMS and OFS For 2013, NICMS and OFS are not shown on your FDS but you still need to make a claim for these schemes by completing Questions 4 and 5 and Section 7 of the SAF1. See Section 6 of this Guide for further information. 3. Dual use claims and written conacre licence agreements A dual use claim is where one farmer is claiming SFP on land that is used by a different farmer to claim LFACA. A dual use claim is not the same as a duplicate field claim where the same fields have been claimed under the same scheme by more than one farmer, for example SFP. For 2013 if you are claiming SFP on land that is used by a different farmer to claim LFACA, you will need a written conacre licence agreement between you and the other farmer. By signing the declaration at Section 8 of the SAF, you will be confirming that this agreement is in place. We will be carrying out a 5% check on dual use claims received in 2013 and will withhold payment on both the SFP and LFACA claims until we are satisfied that all the relevant scheme conditions are being met. Further information on dual use claims is at Section 8. Also a copy of the press release which issued in December 2012 is at Annex 2 of this Guide. 4. Shared grazing and claiming fields or parts of fields with no clear physical boundaries From 2013, fields can no longer be shared unless there is a physical boundary in place. You will only be permitted to claim a field or part of a field where there is a clear boundary to separate the field or part of the field that you are claiming. Shared grazing or more than one claimant claiming a field (that is multiple claimants) will not be permitted. A field can only be claimed by the farm business that is undertaking the agricultural activity on it. Further information on claiming field or parts of fields with no clear physical boundaries and shared grazing can be found at Section 5. 5. Duplicate fields Each year SFP Branch in Orchard House issue a ‘fields not printed’ letter to those producers where an unresolved duplicate field exists on their application. For 2013 these letters will not be issued. Unresolved duplicate fields will be pre-printed at Columns A-F on the FDS of all businesses on which the field was duplicated in 2012. 4 It is important that farmers agree who has the right to claim the field before they submit their application. The farmer who does not have the right to claim should ensure that the field is removed from their FDS. 6. Cross Compliance A number of changes were made to the Cross-Compliance Verifiable Standards with effect from 1 January 2013. You were also sent a letter in January 2013 which set out these particular changes. It is important that you read this letter carefully so that you are aware of the changes. The changes have been incorporated into the CrossCompliance Verifiable Standards Summary (revised 1 January 2013) document and the Cross-Compliance Verifiable Standards (Full Version) document. A copy of all these documents can be viewed at www.dardni.gov.uk/Cross-Compliance. Further information on Cross-Compliance can also be found at Section 9. 7. Review of Decisions process and LFACA If you are not happy with the explanation, or consider that our decision regarding your LFACA is incorrect, you will now have the right to have our decision reviewed using the same Review of Decisions process as SFP. See Section 13 Standards of Service for further advice. 8. ‘Guide to Land Eligibility’ booklet 2013 update We have made two changes to the ‘Guide to Land Eligibility’ booklet. The first change is to Section 4. We have extended the use of the scorecard to assess areas of scattered scrub to other scattered ineligible vegetation such as ineligible rush and bracken. If you need to assess areas of scattered ineligible vegetation to work out what deductions to make to your map or claim, you should use the scorecard already recommended for assessing scattered scrub. The second change is to Section 8. When we issued your 2012 map, we sent you a scorecard that was used to assess areas of scattered rock in your fields. This scorecard has now been included in the 2013 ‘Guide to Land Eligibility’ booklet. An updated 2013 version of the ‘Guide to Land Eligibility’ booklet is available on the DARD website at www.dardni.gov.uk/grants-and-funding. 5 9. Modulation No voluntary modulation will be deducted from 2013 SFP payments. Further information on modulation is at Section 10. 10. Registration of Agricultural Waste Authorisations The information at Section 6 of the SAF1 relating to Agricultural Waste Exemptions is required by the Northern Ireland Environment Agency (NIEA) and will be passed to them. For 2013 an additional question has been included at 12.1 relating to storage of tyres. Farmers will not be penalised for storing waste tyres which are required according to the waste exemptions (for example silage clamps). However, should NIEA become aware that illegal tyre dumping/landfilling is taking place then enforcement action may be taken. While there is no direct link between this and SFP, farmers are reminded that land temporarily out of agricultural use for the storage of tyres, silage bales, machinery and all other land temporarily out of agricultural use is not eligible for SFP. Information on the Registration of Agricultural Waste Authorisations is available from the NIEA directly or at the following website addresses: www.ni-environment.gov.uk/waste-home/waste-guidance.htm www.doeni.gov.uk/niea/waste-home/authorisation/regulations_carrier.htm Contact details can be found at Section 14 of this Guide. 6 Section 3 Your 2013 scheme map, MEA and notifying changes Maps You should have already received a 2013 scheme map and a field information table along with a guide explaining how to check them both. If you have not received a 2013 scheme map, you need to contact your local DARD Direct office immediately. Maximum Eligible area (MEA) The scheme map and field information table contain an important new piece of information to help you complete your 2013 Single Application accurately. This is the Maximum Eligible Area (MEA) for each field. The MEA is our assessment of the maximum area that you can use to claim SFP and LFACA in each field and is based on the boundary features and ineligible features that we have shown on your map. To calculate the MEA we have only taken account of the ineligible features listed at Annex 1 of this Guide that we can see on the aerial photography used to produce your map. For example, we will have deducted ineligible vegetation greater than 0.1ha but we will not have deducted any ineligible vegetation in your fields less than 0.1ha. The importance of the MEA for the processing of SFP and LFACA claims. The MEA held on our mapping system has been used to pre-populate column F of your FDS and will also be used to validate the area you claim for SFP and/or LFACA in 2013. As a general rule, you should not claim more than the MEA shown at Column F of the FDS unless you are confident that our assessment of the MEA is incorrect. To avoid validation errors that may delay the processing of your 2013 claim, it is important that the MEA held on our mapping system is correct. What you need to do if the MEA is incorrect If our assessment of the MEA shown in Column F of your FDS is incorrect you may need to tell us to change the MEA by completing a LPIS Correction Form. You need to use a LPIS Correction Form to tell us about changes to field boundaries and the addition or removal of the types of ineligible features shown at Annex 1 of this Guide. You should send the LPIS Correction Form to your local DARD Direct office well in advance of the 15 May 2013 closing date for receipt of your Single Application. 7 You do not need to complete a LPIS Correction Form to remove small ineligible vegetative features (that is vegetation occupying an area between 0.01ha and 0.10ha). If there are several small separate parcels of ineligible vegetative features each under 0.10ha you do not need to complete a LPIS Correction Form. These smaller ineligible features must be deducted from the area you claim at columns I and J of your FDS. We will not amend your MEA if you amend column F of your FDS by scoring a line through the incorrect information and writing the amended MEA by hand. If you claim more than the MEA for any field and have not informed DARD of a mapping change, this will be detected as an error on your claim which will need to be investigated. This will result in a delay to your payment and if it is subsequently found that you have claimed ineligible areas, penalties may be applied. What you need to do if you have already sent us a LPIS Correction Form. When you received your 2013 scheme map you were asked to tell us about any changes by completing a LPIS Correction Form. If you responded to that request but the changes to your MEA have not been reflected on your FDS please do not resend the LPIS Correction Form. We will ensure that all outstanding LPIS Correction Forms are processed on our mapping system. This will ensure that we have the correct MEA on our systems to accurately validate the areas you claim for SFP and/or LFACA in 2013. Further information on completing your FDS using your 2013 scheme map and field information table is at Section 4. Changes to field boundaries after 15 May 2013 If you have changes which affect your MEA after you have submitted your 2013 Single Application, for example, removal of land from agricultural use, which means that land is no longer eligible for SFP or other schemes, you need to • Complete a SAF3 and return it to SFP Branch in Orchard House to adjust your 2013 application; and • Complete a LPIS Correction Form amending the MEA and send it to your local DARD Direct office. 8 If you have been told about a land eligibility inspection, or we have notified you of an error in your application, we will correct your map but we cannot change the part of your application affected by this error. See Section 10 for further information on amendments, corrections or withdrawals of single applications. You cannot remove a hedge or boundary without permission from DARD. If you wish to apply to remove a field boundary, you should contact Countryside Management Development Branch. Contact Details can be found in Section 14 of this Guide. Tenants If you are a tenant and have not received a map and field information table for some of the fields you are claiming in 2013, you need to contact the landowner to see if he/she has received these. New entrant to farming If you are a new entrant to farming and have not received a map, or you are asking for fields to be included that have not been previously mapped, you should contact your local DARD Direct office. You should bring with you a solicitor’s letter confirming the farm survey number and field numbers purchased or inherited. Local offices cannot map land without proof of ownership. Change of ownership You need to contact your local DARD Direct office if you • No longer own the land as detailed on the 2013 SAF. • Now own land that is not detailed on the 2013 SAF. You need to amend the 2013 SAF to reflect these changes. Common grazing If you have rights within an area of common grazing, the common will not be displayed on the map and we will not be showing any information on ineligible areas. The share allocation however, will be listed in the information we have provided along with the map. The farm survey number of common grazing can be easily recognised as the map number is always 900 or more, for example, 4/013/902. For the majority of commons in County Down the area will be allocated each year through Trustees. If you are not satisfied that the share allocation of common grazing is correct, you should contact your local DARD Direct office. You should declare your common land on your FDS and tell us if this is different to your allocated area. You should make deductions for all ineligible areas. 9 Section 4 Completing your 2013 SAF and FDS Before you start Make sure you have the latest version of your 2013 scheme map and field information table that we sent you at the start of 2013. The map and field information table provided a maximum eligible area (MEA) for each field. The MEA is the maximum area that you should use to claim SFP and LFACA in each field (subject to scheme rules) - unless you are sure the MEA is incorrect. Go to Section 3 for information on your map and what you need to do. When you received your 2013 scheme map pack (around January or February) you were asked to check that the information on your map and the field information table issued with it was correct. If the MEA for any of your fields was not correct, you should have told us this by completing and returning the LPIS Correction Form which was provided at that time in your map information pack. What should I do if I have checked my map and field information table and told DARD about the changes using the LPIS Correction Form? • Check that the changes you told us about have been reflected on your FDS and replacement map. • If they have been reflected, you can complete columns G - J of your FDS application. What should I do if the changes I reported using the LPIS Correction Form have not been reflected on my FDS? The information we used to pre-print columns A to F of your FDS is based on the information we held in late February 2013. If you told us about changes after that your FDS will not have been updated but we will have processed the changes on our mapping system. If you did not keep a copy of your LPIS Correction Form and scheme map, staff in your local DARD Direct office will be able to provide the information you need. If you are claiming land that you have leased in or taken in conacre for the first time, you need to check with the landowner to see if they have received a map and information on ineligible areas. You should do this before completing your application. 10 What should I do if I did not check my map and field information table when the Department sent them out earlier in the year? • You must check the scheme map and field information table immediately because this information has been used to pre-print columns A to F of your 2013 FDS. If the MEA on the scheme map and field information table is wrong then your pre-printed 2013 FDS will also be wrong. • You must complete a LPIS Correction Form if you need to make changes to field boundaries or remove the types of ineligible features listed at Annex 1. Go to Section 3 ‘What you need to do if the MEA is incorrect. • Complete your FDS using your corrected MEA. Outstanding 2012 queries The pre-printed information will include any fields where there is an outstanding query from 2012, for example, if there was a duplicate field query which has not yet been resolved. This will be pre-printed on the FDS of both businesses that claimed the field in 2012. You should ensure that all the businesses involved agree who should claim this field in 2013 and avoid a further duplicate field situation. You need to make sure that you remove any fields from your FDS which you do not wish to claim in 2013. FDS columns A - E field information This information has been pre-printed using the field information table that accompanied your 2013 scheme map. We have included fields that, according to our records you own but which you may not have declared in 2012. You may notice some changes to your field details. You may notice some fields on the field information table are missing from the FDS. Not all of the fields shown on your scheme map and the field information table provided with it will appear on your FDS. The following will not appear. • Shared grazing fields Shared grazing fields will be numbered 870 or in some cases a number between 930 and 952 within the farm survey number. Further information on this is at Section 5. 11 • Multiple Claimant Fields A ’multiple claimant field’ is identified in Column F of the field information table accompanying your scheme as ’MERGED-MC’ and the MEA for the field has been recorded as zero. Further information on this is at Section 5. Go to page 15 for information on the land you need to declare. • Unclear Bogs Where ‘unclear bog’ was printed in Column G of the field information table issued with your scheme map this means that the field is lowland bog. The MEA for the field was set to zero in Column E of the field information table. Based on the information currently available to us, we consider the field is ineligible for SFP and (where appropriate) LFACA and should not be claimed in 2013. We have not pre-printed any information about that field on the FDS. If you are confident that the area is eligible you should notify us by completing Section 3 of the LPIS Correction Form and add the field to your FDS to claim it in 2013. • Fields no longer in agricultural use. These are fields that appear to be permanently removed from agricultural use. These fields will have been recorded in Column F of the field information table listed with your scheme map as ‘DELETED’. FDS column F Maximum Eligible Area (MEA) The information has been pre-printed using the MEA taken from column E of the field information table issued with your scheme map. In most cases the area shown in column F on your FDS will be the same as the area on your map and column E of the field information table unless it has been amended to reflect changes you have told us about. So, if you told us about the changes that were needed to your map including the MEA before 22 February 2013 these should be reflected in the information pre-populated on your FDS. There is one exception. Common land - as we have not yet re-mapped common land, there will be no MEA for any common land that has been pre-printed. Any information on common land that has been pre-printed is based on your historical allocated share for that common. If you need further advice you should contact your local DARD Direct office on 0300 200 7848. 12 Completing your FDS You need to complete the FDS very carefully. If you are not sure what you need to do, contact your local DARD Direct Office, your farming union representative or agricultural consultant for advice. See an example of a FDS on page 32/35 for guidance. The most important things for you to remember are • You should not claim a larger area than the MEA shown at column F on the FDS, unless you are very sure that this area is wrong and you have already completed and sent us a LPIS Correction Form to tell us about the changes that are needed. We will carry out cross checks between the MEA and the area you claim. If you claim a larger area, we will have to investigate every difference we identify. This will take time and may mean it will take longer to process your claim. • You can claim less than the MEA, but you must ensure that you deduct any other ineligible areas from your claim that we have not included on your map. For example, scrub, scattered ineligible vegetation or trees in areas smaller than 0.1 ha, or changes which have happened recently and are not reflected. You should enter all the fields at Columns H, I and J to 2 decimal places. So, if you are taking information from your field information table sent with your map, you will need to round to two decimal places as appropriate. If you enter fields to 3 decimal places, we will round up or down to 2 places. Checking your FDS Step 1 - Review the fields that have been pre-printed The fields pre-printed on your FDS should be in the same order as the field information table. Check that all the fields that are part of your holding have been included and the field details are correct. All the agricultural land on your holding should be declared at columns A - F, even if you are not claiming for that land. You should delete fields that have been pre-printed and are not part of your holding. You should add fields that are part of your holding, and have not been pre-printed. Step 2 - Check the MEA Make sure you agree the MEA is correct. Remember, it is not enough to score a line through the FDS line to correct the MEA. You MUST complete and return a LPIS Correction Form to your local DARD Direct office. Follow the process at Section 3. 13 Step 3 - Record the eligible land use code For each field you want to claim for SFP or LFACA, record the eligible land use in column G. This area should not be greater than the MEA unless you have notified us of a change at step 2 above. You only need to record eligible land use from the list at Section 12. You do not need to record ineligible land use - so Codes OT 6, 7, 13, 14, 15, 16 and 17 are no longer needed. If the field has more than one eligible land use, you should record each eligible use on a separate line and record the corresponding area in column H. The total of these areas should not be greater than the MEA unless you have notified us of a change at step 2 above. If there is only one eligible use in the field it is not necessary to complete column H. You should exclude any small ineligible area which may not have been removed from your map and may still be included in your MEA. Detailed information on eligible land can be found in the updated 2013 ‘Guide to Land Eligibility’ booklet www.dardni.gov.uk/grants-and-funding See the FDS example on page 32-35 Step 4 - Complete your claim for SFP Complete Column I to claim SFP on a particular field. You should record the eligible area you are claiming to activate your SFP entitlements. The area you record in this column should not be more than the MEA at column F. The only exception to this is if you have told us about a change to the MEA using a LPIS Correction Form at step 2 above. Make sure you exclude any small ineligible areas which may not have been removed from your map and may still be included in your MEA. Step 5 - Complete your claim for LFACA Complete Column J to claim LFACA on a particular field. You should record the eligible area you are claiming. The area you record in this column should not be more than the MEA at column F. The only exception to this is if you have told us about a change to the MEA using a LPIS Correction Form at step 2 above. Go to section 3 for information on amending your MEA. Make sure you exclude any small ineligible areas which may not have been removed from your map and may still be included in your MEA. Also, exclude any areas within the MEA which are not eligible crop groups for LFACA. 14 Agricultural land you need to include on your FDS You have to declare all the agricultural land that you use as (i) owned, (ii) taken in conacre, (iii) leased in, even if you are not claiming payment for that land or you consider that the land is not eligible for SFP. If you do not declare all your agricultural land, you may be subject to a nondeclaration penalty. If you still own the fields shown on the maps we have sent you, you must declare them all on your 2013 SAF otherwise we will consider applying non declaration penalties. If you are taking land in conacre but, for whatever reason, you are not claiming for that land, it must be included at Columns A - F of your FDS as it is still considered part of your holding. If you are no longer taking land in conacre you should remove it from your FDS. You do not need to complete a LPIS Correction Form for conacre fields. For further information for landowners and tenants see Section 8. Nitrates Action Programme You must also declare all land farmed, including owned, taken in conacre or leased, which is to be used, or likely to be used, for the purposes of compliance with the Nitrates Action Programme Regulations. The Category 1 farm business claiming SFP and/or LFACA, NICMS or OFS on the land is responsible, in the first instance, for ensuring that all Cross-Compliance requirements for that land are met. If you are the SFP and/or LFACA, NICMS or OFS claimant and the Cross-Compliance requirements are breached, your payment(s) may be reduced. If you have not caused the breach, it will be up to you, as the claimant, to provide satisfactory evidence that the breach has been caused by another party. If you are the other party and you are also a SFP and/or LFACA, NICMS or OFS claimant, then your payment(s) may be penalised in respect of the breach and, if appropriate, for failing to declare the land. If you have entered into a written agreement with another party, for example, a Nitrates Action Programme Controller Agreement, to take control of the land for nitrates purposes, you and the other party, if they are a Category 1 farm business, need to declare that land on your FDS at Columns A - E. This declaration does not give rise to a duplicate claim as this only occurs when both parties claim payment for the same scheme on the same land. 15 If you have any queries relating to the Nitrates Action Programme (NAP) Regulations, you should contact, either, the Northern Ireland Environment Agency (NIEA) (028 9262 3184) or your local Countryside Management Delivery Branch Advisor. You should also refer to the Nitrates Action Programme and Phosphorous Regulations Guidance Booklet. This can be found on the DARD website at www.ruralni.gov.uk/index/environment/countrysidemanagement/zones.htm Woodland and forest The following woodland and forest is regarded as agricultural land and must be declared at Columns A - E of your FDS if • it is being grazed; • there are fewer than 50 trees per hectare and it's capable of being grazed; • it is short rotation coppice; or • it is in a Woodland Grant Scheme, Farm Woodland Premium Scheme, Agri-environment Scheme or a Sustainable Forest Operation Grant Scheme. This type of land is counted as agricultural land even if it is not eligible for SFP. As a result, it is also subject to Cross-Compliance requirements. Leased land Make sure that any land taken as conacre (C) and in lease (L) on your FDS is listed correctly as this will affect eligibility for NICMS and OFS. Land taken in conacre (C) is not eligible for NICMS and OFS. If you are leasing land to another farm business we recommend that you seek legal advice when drawing up the terms of the lease. Common land Areas used in common come about because legally a certain group of people (that is graziers) have the right to graze an area of land and therefore they have to be allocated notional shares. We view common land as commons under the 1903 Irish Land Act, commons under the 1925 Church and Temperance Act, commons that are privately owned with grazing rights and areas used by agreement where there is no clear legal ownership. • You should record all the common grazing that is part of your holding at Columns A - E and column G. If you are using this land to claim SFP you should record the area at Column I and at Column J for LFACA. • If you do not know the area you will have, you should check with your local DARD Direct office for the notional area you have been allocated. 16 Section 5 Shared grazing, multiple claimant fields and field boundaries Under EU rules, an ‘agricultural parcel’ (that is, a field) is defined as a continuous area of land, declared by one farmer. To meet these rules, field boundaries must correspond to the actual physical features listed on page 18. Fields can no longer be shared unless there is a physical boundary in place. The field can only be claimed by the farm business that is undertaking the agricultural activity on it. Shared Grazing Previously shared grazing fields had been given a number between 930 and 952 within the Farm Survey Number. Most of these have been renumbered to 870. Where we have identified that shared grazing exists, we wrote to you to explain these changes and that all businesses with an interest in a shared field will have to reach agreement about its future use. It is important that you read the letter carefully if you had shared grazing on your 2012 Single Application. Multiple Claimant Fields DARD field boundaries are mapped to physical boundary features that can be seen on aerial photography. Details of the types of physical features that we will accept as a boundary are listed on page 18. This means that if the aerial photography does not show a physical boundary separating two or more fields, the fields will have been merged to create a single larger field. If the fields included in the merge were claimed in 2012 by different businesses for different schemes we have called the new field a ‘multiple claimant field’. A ‘multiple claimant field’ is identified in Column F of the field information table accompanying your scheme map as ’MERGED-MC’ and the MEA for the field has been recorded as zero. To avoid duplicate field claims the field cannot be claimed by anyone until one of the following requirements has been met: Action you need to take All businesses with an interest in a shared or multiple claimant field must reach agreement about its future use. You must • Fence off each share of the field. There must be a clear physical boundary to indicate the part of the field that the farm business is claiming. You should confirm you have erected a physical boundary (for example, a fence) and notify us by completing section 2.1 of the LPIS Correction Form; or 17 • All affected businesses agree which farm business will claim the field. If you are going to claim the entire field, you should calculate the MEA using the measurements stated in the field information table. If the field boundaries and/or ineligible features within the field are incorrect you should complete the appropriate section of the LPIS Correction Form; or • All affected businesses agree to legally establish the field as a common. You will need to send us the legal documentation establishing the field as a common. When you have agreed on the way forward, you should inform DARD who will apply any mapping changes that may be necessary (for example splitting fields) and will provide you with the MEA for each field. You are advised to take care to avoid a duplicate claim which may result in penalties being applied. Physical features accepted as a field boundary • Permanent fence (including post and wire fence) • Wall • Hedge • Bank • Metalled road (tarmac, concreted or compacted) • Edge of a body of fresh water • Edge of river or stream where the body of water is greater than 2 metres wide • Sheughs • High Water Mark Mean Tide (HWMMT) • International boundary as shown on Land and Property Services (LPS) (formerly Ordnance Survey NI) map • Top of cliff or rock face Features not accepted as a field boundary • Ownership boundaries which have no physical features • Temporary boundaries such as electric fences, plough lines or buffer strips • Marker posts and marker stones If you require further clarification on this issue please contact your local DARD Direct office on 0300 200 7848. 18 Section 6 How to complete your SAF 1 For Single Farm Payment (SFP) in order to activate (that is, claim) your payment entitlements and receive SFP you should complete Section 1. If you do not claim your SFP you may lose your payment entitlements. These must be activated for payment at least once every two years. It is your responsibility to activate your entitlements by submitting an application. We do not issue a reminder if we do not receive an application from you. You can also submit your SAF online. For further information about DARD online services, visit: www.dardni.gov.uk/onlineservices or telephone 0300 200 7843. SAF 1 Page 1 - Business Details If you are a NEW Farm Business, you need to be registered with us before your Single Application can be processed. You need to complete an application for a DARD Business Identifier (FB 1), if you have not already done so. You can download an FB 1 Form from the DARD website at www.dardni.gov.uk/fb1-application-fordard-business-identifier or contact your local DARD Direct office. If you are an existing farm business, your business details are pre-printed on the Single Application form from our existing records. If any of the business details shown are incorrect or you want to change the information we hold about your farm business you should complete a Business Change form (BC1). You should not amend the details shown on your SAF. If you need to change the information, you can download a form from the DARD website at: www.dardni.gov.uk/bc1 or get one from your local DARD Direct office or from the Business Change Section in Orchard House. Complete and return the BC1 with your 2013 SAF. As SAFs are now electronically read (scanned), please follow the guidance below when completing your application. Please ensure that all writing is legible and within the spaces provided. The example below shows the type of mistakes you should avoid. Applications completed as shown below may cause problems at the scanning stage. 19 The 2013 SAF includes information required for different schemes. Some of these schemes may not be relevant to you. If so, you should not cross through or write anything on these pages. They should be left blank. The example below shows how NOT to complete these sections. When filling out the (X) boxes please make sure that the (X) covers the full size of the box provided. Please also ensure that the (X) remains inside the box. The examples below show how NOT to complete these sections. The barcode is a very important part of the SAF. Please do not mark or attach anything to this part of the application. The example below shows the type of errors that may cause problems at the scanning stage 20 SAF 1 Section 1 - Claiming Single Farm Payment (SFP) Entitlements Activation of SFP Entitlements To claim Single Farm Payment complete Questions 1 and 2 Question 1 The total area entered at Question 1 should equal the total of Column I of your FDS. This should be the total area on which you are claiming SFP. You need to declare an equivalent area of eligible land for each SFP entitlement, or part of entitlement that you hold. Question 2 The information shown on the table at Question 2 is taken from our records and shows the number and type of entitlements you held at 31 January 2013. Put an ‘X’ in the ‘Yes’ box if you want to activate ALL of your SFP entitlements; or If you do not want to activate all of your entitlements you should put an ‘X’ in the ‘No’ box and enter the number of Standard and/or Special entitlements that you want to activate in Column D of the table. If the entitlements you want to activate as recorded in Column D are of different values, you will need to tell us exactly which ones you want us to activate. To do this, please download a Single Farm Payment Entitlement Declaration Form from the Department’s website or obtain one from a DARD Direct office. Complete and return the form along with your SAF on or before 15 May 2013. If you do not, we will activate your entitlements in the order shown in Section 9. The Department reserves the right to make adjustments to the number and type of entitlements you hold, or to confiscate entitlements, should this be required under scheme rules. If there is no information pre-printed, you should have recently received an entitlement statement from us. You should use this statement to complete this question if you are not activating all of your entitlements. If you have not received a statement, you should contact Entitlements Section, SFP Branch in Orchard House immediately. If you have recently applied to trade entitlements the information pre-printed on your form may not be up-to-date. If your trading application has been processed, you should have received a revised entitlement statement from us. You should use this statement to complete this question if you are not activating all of your entitlements. If you have not received a statement, you should contact Trading Section, SFP Branch in Orchard House immediately. If for any other reason you think the information that has been pre-printed is incorrect, you should contact SFP Branch in Orchard House immediately. 21 Note: • You can only activate the number of entitlements for which you have eligible hectares at your disposal on 15 May 2013. • For all agricultural land declared on your application, you are responsible for ensuring that Cross-Compliance rules are respected and the land on which SFP is claimed, remains in an eligible use for the entire calendar year. • We will activate your entitlements up to the limit you have given on your form. For example, if you hold 20 entitlements but only declare 19 ha of SFP eligible land on your FDS, we can only pay you on 19 entitlements. SAF 1 Section 2 - Other Aid Schemes Do not cross through or write anything on these pages if you are not claiming. The boxes should be left blank. Less Favoured Area Compensatory Allowances (LFACA) 2014 To claim LFACA 2014, complete Questions 3 & 3.1 You must enter the number of hectares that you want to claim for LFACA at Question 3. The total area entered at Question 3 should equal the total of Column J of your FDS. If you are using sheep to meet stocking density requirements, you also need to provide at 3.1 the number of eligible ewes on your holding at the date of application. If you are not claiming for LFACA 2014, go to Agri-environment Schemes (NICMS and OFS). Agri-environment Schemes (NICMS and OFS) For 2013, NICMS and OFS are not shown on your FDS but you still need to make a claim for these schemes by completing Questions 4 and 5 and Section 7 of the SAF 1. Only complete these questions and Section 7 if your NICMS or OFS agreement started on or after 1 January 2009. If your agreement started before 31 December 2007, you do not need to complete a Single Application to claim payment for an Agri-environment Scheme. To claim payment under NI Countryside Management Scheme, complete Question 4 and Section 7 If you want to make a claim for NICMS payment in 2013, you must enter the total number of hectares claimed at Question 4. You should enter the figure shown for ‘Total NICMS Eligible Area (Total area Classified minus Not Eligible Areas)’ in your most recent Commitments Schedule. This will be shown at the bottom of the NICMS Field Data Sheet in your most recent Commitments Scheme as shown in the following example 22 Not Eligible Total Area Classified Total NICMS Eligible Area (Total Area Classified minus Not Eligible areas) 1.50ha 100.00ha 98.50ha Also, within the NICMS agreement, if you wish to claim for: Organic Management Option (OMO) You must enter the number of hectares for which you want to claim at Question 4.1 (use the area of OMO in your most recent Commitments Schedule) Field Boundary Restoration (FBR) You must enter the length, in metres, you want to claim at Question 4.2. You must also complete Section 7, Table A1. The maximum length that you can claim is shown at ‘Total FBR Allowance’ in your most recent Commitments Schedule. Please refer to the notes at Section 7 Table A1 for further details regarding your FBR claim. Irish Moiled Cattle You must enter the number of eligible cattle you want to claim for at Question 4.3. You must also complete Section 7, Table A2. The maximum number you can claim is shown at ‘Traditional breeds’ in your most recent Commitments Schedule. Annual Scrub Control, Bracken Control and/or Heather Regeneration You must enter the number of hectares that you want to claim for at Question 4.4. You must also complete Section 7, Table A3. The maximum area you can claim is shown at ‘Scrub Control, Bracken Control, Heather Regeneration’ in your most recent Commitments Schedule. To claim Organic Farming Scheme, complete Question 5 You must enter the number of hectares you want to claim under OFS at Question 5. You should enter the total of the figures shown for ‘Class Total’ in your most recent Commitments Schedule. You must also complete Section 7, Question B1. 23 SAF 1 Section 3 - Land use in 2013 Question 6 - Common Grazing You should declare your common land on your FDS and tell us if this is different to your allocated area. You should make deductions for ineligible areas. Enter the notional area for the common grazing to which you have a grazing right at Question 6. This area should agree with the pre-printed allocation on your FDS. If we have not pre-printed your notional area allocation on the 2013 FDS, you should declare all common grazing which is part of your holding at Columns A to E of the FDS even if you are not using that land to activate entitlements. Also ensure the land is recorded in the relevant columns G, I and J of the FDS if you are using that land to claim payment. If you are not sure of your notional area allocation or you are entitled to an allocation for common grazing you should contact your local DARD Direct Office to clarify this before completing your FDS. You must ensure that the area of common land you declare on your 2013 FDS does not exceed the area you have been allocated or we may apply an over-declaration penalty to your claim. If you have not been allocated a notional area and are using, by agreement, an area allocated to another farmer you must provide evidence of that agreement with your FDS. We may adjust the declared areas once all the 2013 SAF’s containing land in the same common grazing area have been processed to make sure that the total area of the Common is not exceeded. In some instances this may lead to an over-declaration penalty being applied. Question 7 - Regional Information Only complete this question if you currently farm in another region of the UK and you manage that farm as part of the same farm business you are claiming for in Northern Ireland. You should mark an ‘X’ to indicate the region(s) that apply to you. If you claimed land in another region in 2012, you will also receive a 2013 application pack from that region of the UK. If you do not receive it you should contact SFP Branch in Orchard House. Do not cross through or write anything if you only farm in Northern Ireland. Go to Section 4. 24 SAF 1 Section 4 - Cross-Compliance Question 8 If some of your land is in a Special Area of Conservation, mark ‘X’ in the ‘YES’ box. If some of your land is in a Special Protection Area, mark ‘X’ in the ‘YES’ box. If neither of the above statements are true, mark ‘X’ in the “NO” boxes. Question 9 If you are carrying out, or intend to carry out, disposal of waste pesticides or their washings on some of your land, mark ‘X’ in the ‘YES’ box. Please note that disposal does NOT include spraying washings back onto the target crop or reusing during them during the next application. If you are disposing, or intend to dispose, of waste sheep dip on some of your land, mark ‘X’ in the ‘YES’ box. If neither of the above statements are true, mark ‘X’ in the ‘NO’ box. Question 10a If you are spreading, or intend to spread, sludge from a septic tank on some of your land, mark ‘X’ in the ‘YES’ box, otherwise mark ‘X’ in the ‘NO’ box. Question 10b If you have spread in the last 5 years, or it is your intention to spread sewage sludge on any land within your farm business, mark ‘X’ in the ‘YES’ box, otherwise mark ‘X’ in the ‘NO’ box. Before disposing of waste biocides (including pesticides such as waste sheep dip) or plant protection products or their washings, you must obtain a Ground Water Authorisation from the Northern Ireland Environment Agency and comply with the conditions of that authorisation. See contact details at Section 14 SAF 1 Section 5 - Payment of SFP in euro Question 11 Do not cross through or write anything in this Section if you want to be paid in sterling. Payments will automatically be paid in sterling and will be made electronically into your bank, building society or credit union account unless you tell us you want to be paid in euro. You must tell us by marking an ‘X’ in the box at Question 11 if you want to be paid in euro. You must have a separate UK euro bank account. Contact Systems 25 Management Section, Orchard House on (028) 7129 9074 for a UK euro BACS form. You must complete this question if you want to be paid in euro in 2013, even if you were paid in euro last year. • We will not accept requests for payment in euro if there is an outstanding debt or penalty to be recovered in respect of previous applications. • The same sterling or euro bank account cannot be used by more than one farm business. See Section 10 for further information on payment of SFP in euro. SAF 1 Section 6 - Agricultural Waste Authorisations Questions 12, 13 and 14 The Department of the Environment (DOE) is responsible for the Registration of Agricultural Waste Authorisations - not the Department of Agriculture and Rural Development (DARD). The information you provide at Questions 12, 13 and 14 will be passed to the DOE. The DOE will treat illegible or indeterminate entries as being invalid and you will not be registered to undertake these activities or to transport waste. You run the risk of enforcement action if you proceed without the relevant registration. For further information telephone NIEA direct on 028 9056 9358 or visit the NIEA website at www.doeni.gov.uk/niea SAF 1 Section 7 - NICMS/OFS Additional Information This Section is for additional information needed for NICMS or OFS agreements which started on or after 1 January 2009. If your agreement started before 31 December 2007, you do not need to complete a Single Application to claim payment for an Agri-environment Scheme. For NICMS, you should tell us if you have not been able to carry out all agreed works, such as planting wild bird cover, tree planting or not completing the requirement for Minimum Entry Environmental Benefit (MEEB). Part A - Northern Ireland Countryside Management Scheme (NICMS) Table A1 - Field Boundary Restoration (FBR) (Hedges and stone walls) You must enter details in the table of the FBR you have completed or will have completed between 1 January 2013 and 31 December 2013. Do not claim for FBR which you have claimed previously. Do not use this table to claim for Enhancement Measure Fencing. This claimed on a separate form which has been sent to you. The maximum length of FBR that you can claim for is noted on your most recent NICMS schedule and management map. You can find this in your agreement pack or as an agreement revision. 26 You may make a claim for any amount equal to or less than this maximum allowance and you may claim for different types of FBR in the spaces provided. You should also note the location of the work by entering the LPIS Farm Survey Number and LPIS Field Number relating to the boundary in Columns E and F using a separate line for each field listed. You should use your new LPIS Field Boundary Map to identify the LPIS Farm Survey Numbers and LPIS Field Numbers relating to the fields where Field Boundary Restoration is being claimed. If you do claim for FBR, you should review the amount of work you have actually completed on 31 December 2013 and, if necessary, reduce your claim accordingly by notifying DARD. Note that currently 100% of FBR claims are being inspected. For more details, see pages 59-60 of the Countryside Management Scheme 20072013 Information booklet. Table A2 - Irish Moiled cattle You must enter details in the table of the number of Irish Moiled cattle you are claiming for within your NICMS for the claim year 1 January 2013 - 31 December 2013. The herd number, the Irish Moiled Cattle Society breed registration number and number of eligible animals must be given in the table. Eligible animals must be female and at least 12 months of age at 1 January 2013. We may request further information to support this claim such as cattle ear tag numbers. For more details, see pages 91-92 of the Countryside Management Scheme 20072013 Information booklet. Table A3 - Annual scrub control, annual bracken control and/or annual heather regeneration You must enter details in the table of the scrub control, non-native (including rhododendron) species control, bracken control using a tractor, bracken control using a knapsack, heather burning and heather flailing completed and to be completed between 1 January 2013 and 31 December 2013. You should also note the location of the work by entering the LPIS Farm Survey Number and LPIS Field Number in Columns E and F using a separate line for each field listed. You should use your new LPIS Field Boundary Map to identify the LPIS Farm Survey Numbers and LPIS Field Numbers relating to the fields where annual scrub control, annual bracken control and/or annual heather regeneration is being claimed. Payment cannot be processed for a claim of less than 0.10ha for an individual code in any field. For more details, see pages 93-96 of the Countryside Management Scheme 20072013 Information booklet. Part B - Organic Farming Scheme (OFS) Table B1 - You need to enter the code of your approved Organic Certification Body and your organic registration number if your OFS started on or after 1 January 2009. Place an ‘X’ in the appropriate box to confirm that you have a valid Certificate of Registration and will maintain this certification for the period 1 January 2013 - 31 December 2013. 27 Codes for Organic Certification Bodies Name of approved Certification Body Code Organic Farmers & Growers Ltd OFGL Organic Food Federation OFF Soil Association Certification Ltd SACL Bio-Dynamic Agricultural Association BDAA Irish Organic Farmers & Growers Association IOFGA Organic Trust Limited OTL SAF 1 Section 8 - Declarations and Undertakings If your application is not signed it will not be accepted. Parents/Legal Guardians: We will only accept Single Applications from persons under the age of 18 if the SAF 1 is authorised by a parent or legal guardian. In doing so the parent or legal guardian accepts the risks, responsibilities and obligations associated with the business and the relevant schemes covered by the Single Application, including any breach of scheme rules. Make sure that you have your application signed by a parent or legal guardian at Section 8 if you are under 18. We cannot make the Single Application payment into a bank account in the name of the person who is under 18. Where a legal guardian or parent is taking responsibility for the business, the bank account should be in the name of that person or in the name of the business. Companies: If you are a company, an authorised signatory may apply on behalf of the company as long as the director has given written authorisation for this. Make sure that Section 8 of your application is signed by at least one of the company directors. Partnerships: If you are a partnership, one of the partners may apply on behalf of the partnership as long as the other partners have given written authorisation for this. Make sure that Section 8 has been signed by an authorised partner. If the joint business is in the name of Mr. and Mrs. either party can sign. Dual use claim applicants If you are a dual use claim applicant, you should read carefully the new declaration added to ‘Declarations and Undertakings’. By signing this you are confirming that a suitable written conacre agreement is in place and that you will provide a copy if requested. If no written agreement is provided, or if the agreement does not meet the Department’s requirements, we will have to hold both the SFP and LFACA claims until we are satisfied that the eligibility conditions of the respective schemes have been met. 28 SAF 1 Section 9 - Data Disclosure Section 9 advises you that we can use the information on your form for legitimate purposes in line with the Data Protection Act and Freedom of Information legislation. We are also required to publish the amount of subsidies paid to beneficiaries who are classed as a legal entity for all payments made from October 2009 and thereafter. This will include the business name, town and postcode prefix. SAF 1 Section 10 - DARD Publications We will use your contact details, as supplied on your application form, to keep you up to date about a range of Agriculture and Rural Development issues, which may be of interest to you. If you DO NOT want your contact details used for such purposes, you will need to put an ‘X’ in the box at Section 10, otherwise we will automatically include you on our mailing list. If you wish to receive information by e-mail, you should include your e-mail address on page 1 of your Single Application. SAF 1 Section 11 - Nomination of an Authorised Person If you want to authorise another person to act on your behalf in relation to the processing of your claim you MUST complete Section 11. You can only select one level of authority by putting an ‘X’ in the relevant box at Section 11 (b). The levels of authority are explained on the SAF 1 and at Section 10. 29 30 0.302 1.232 5.213 3.367 1.243 0.512 0.402 1.634 2.013 3/009/044/6 3/009/044/7 3/009/870/12 3/009/044/10/A 3/009/044/10/B 3/009/044/11/A 3/009/044/11/B 3/009/850/7 3/009/027/8 SCRUB HARD SCRUB Not in Agricultural use Not in Agricultural use *! 0.13 0.06 0.116 1.232 0.178 0.096 F 11.91 2.01 UNCHANGED 1.44 MERGED - MO 0.40 SPLIT 0.40 SPLIT 1.244 UNCHANGED 3.37 UNCHANGED 0.00 MERGED - MC 0.00 BOUNDARY CHANGE 0.00 DELETED 1.91 BOUNDARY CHANGE 0.84 UNCHANGED 0.14 BOUNDARY CHANGE 0.00 BOUNDARY CHANGE 0.15 BOUNDARY CHANGE Maximum Type of Change ApEligible plied Area (Ha) E -+,"-/3 "-1& ". 0*!"- !"("$ /"! 0/%+-&/3 #-+) /%" +*/-+(("- +# "- ,"- "*/ $" -"!0 /&+* +*(3 ) 3 % 1" ""* ,,(&"! #+- . -0 DA DA DA DA DA DA DA DA DA DA DA DA DA %&. &. -+2* +,3-&$%/ *! &. -",-+!0 "! 2&/% /%" ,"-)&..&+* +# +/" TOTAL AREA (HA) 19.24 1.906 3/009/044/5 1.021 0.141 3/009/044/3 3/009/044/4 0.096 3/009/044/2 TREES 0.153 3/009/044/1 DA Total Field Land Ineligible Feature Area (Ha) Type Breakdown (Ha) D Field Number C B A MR JOHN SMITH BIG HILL FARM BALLYBACK CO. DOWN BT40 0AA Business Ref: 61000 Applicant Ref: 100000 1999999 INFORMATION ON YOUR DECLARED OR OWNED LAND '"./35. / /&+*"-3 VERIFIED I BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW BALLYMISCAW Is Heather Townland Present? H $" +# ) ,. !+ *+/ +*1"3 ("$ ( +2*"-.%&, ##& " 4 -+2* +,3-&$%/ *! ! / ." -&$%/ UNVERIFIED VERIFIED VERIFIED VERIFIED VERIFIED VERIFIED VERIFIED VERIFIED VERIFIED UNCLEAR COASTAL UNVERIFIED UNCLEAR VERIFIED Field Status G Field Information Table 31 Go to Section 5 for advice on what your need to do in these circumstances. Only one person can claim on this new field. • 3/009/870/12 - This field has been merged with another field. Because the field that were merged were claimed in 2012 by different businesses, this field has not been pre-printed on the FDS. • 3/009/044/6 - as this field has been deleted from our mapping system, it has not been pre-printed on the 2013 FDS. In our example Some fields on the field information table may not appear on the field data sheet. Above is an example field information table. An example of the corresponding field data sheet is on page 34/35. Your field information table (FIT) was sent out with your new map. It shows the fields that, according to our records, you declared on your FDS in 2012 or your own. Field Data Sheet (FDS) 32 STEP 1 Review the fields that have been pre-printed • You no longer take 3/009/027/8 in conacre. Delete it from your claim by putting a line through it. • You are taking field 3/009/123/1 in conacre for 2013. Add it to your form. • Field 3/009/044/1 was duplicated in 2012. You need to agree who is claiming the field in 2013. If it is not you - delete the field from your FDS. STEP 2 Check the Maximum Eligible Area (MEA) • Check the MEA Column F for each field. • You think the MEA for 3/009/044/11A is too low because you have removed some scrub from that field. The MEA should be 0.45ha. You need to tell us of the change by completing a LPIS Correction Form. STEP 3 Record the eligible land use code • Complete column G for each field. • You only need to record the eligible land from the list at Section 12 of this Guide. • You do not need to complete column H if there is only one eligible land use code for the field. • If there is more than one eligible land use, you should record each eligible land use code on a separate line in column G and record the corresponding area in column H. • Record all fields in columns I and J to 2 decimal places for example 2.50 ha. STEP 4 and 5 Complete your claim for SFP and LFACA • Check your fields for any small ineligible areas that you need to deduct from the area you are claiming. • Make sure when you are completing columns I and J that you have deducted these ineligible areas. • Field 3/009/044/5 has a small area of scrub of 0.05ha. The area eligible to claim is 1.86 ha. Record this area in column I and J. • You have completed a LPIS Correction Form for 3/009/044/11A (step 2 above), so the area you are claiming at column I and J is 0.45 ha. • Field 3/009/123/1 that you are taking in conacre has an MEA of 1.50ha but there is 0.20ha of ungrazed heather. Reduce the area you are claiming to 1.30 ha. 33 IACS/2013 Single Application: Field Data Sheet (SAF2) WARNING: PENALTIES MAY APPLY FOR OVER or NON DECLARATIONS INCLUDING DUPL Before you complete this form, please read the advice in the guidance booklet included in your application pack Field Parcel Information Farm Survey No. Columns A to F have been pre-printed from the Field Information Table that was sent to you with your 2013 Scheme Map. Fields duplicated in 2012 with another farm business will be included in 2013 at column A-F, see step 1. Field No. A Total Field Area (ha) B 2 Land Status O = Owned C = Conacre L = Leased C Land Type 1 = SDA 2 = DA 3 = LL D Maximum Eligible Area E F 3/009/044 1 0.15 O DA 0.15 3/009/044 2 0.10 O DA 0 3/009/044 3 1.14 O DA 0.14 H 3/009/044 4 1.02 O DA 0.84 F 3/009/044 5 1.91 O DA 1.91 F 3/009/044 7 1.23 O DA 0 3/009/044 10A 3.37 O DA 3.37 F 3/009/044 10B 1.24 O DA 1.24 F 3/009/044 11A 0.51 O DA 0.40 F 3/009/044 11B 0.40 O DA 0.40 F 3/009/850 7 1.63 L DA 1.44 A 3/009/027 8 2.01 C DA 2.01 3/009/123 1 1.89 C DA 1.50 F 1 2 3 4 5 6 Do not claim more than the MEA unless you are sure the MEA is wrong. Use a LPIS Correction Form to tell us of changes to the MEA, see step 2. 7 8 9 10 11 12 13 • If you are uncertain about any aspect of this Field Data Sheet you should contact the Department at Orchard House, 40 Foyle St, Derry/Londonderry, BT48 6AT. Telephone 0300 200 7848 for assistance. 34 F Business Name: Business ID: ICATE FIELDS AND OTHER INACCURACIES 2013 Eligible Land Use Claim Details Eligible Use (use code list) Eligible Area of Field Used (ha) Eligible Area Activated for SFP Entitlements Eligible Area claimed for LFACA 2014 G H I J FRI 0.15 0.15 HT3 0.14 0.14 FRI 0.84 0.84 FRI 1.86 1.86 FRI 3.37 3.37 FRI 1.24 1.24 FRI 0.45 0.45 FRI 0.40 0.40 ARI 1.44 1.44 FRI 1.30 1.30 I J TOTAL Column G - Enter the eligible land use code of the field used. You do not need to tell us about ineligible land use. Columns G, H, I & J must be completed by you. Use blank ink and write clearly inside the boxes. Do not use correction fluid, see step 3 & 4. Column H - You only need to complete this column if there is more than one eligible use in the field, see step 3. Total Carried Forward Sheet No ............................... of .............................. Signature ................................................................................................ Form SAF2 35 Section 7 Important dates in the application process Tuesday 2 April 2013 This is the closing date for the receipt of all applications to transfer (trade) SFP entitlements to take effect in the 2013 Scheme year. This is the closing date for all Single Application Forms. Wednesday 15 May 2013 If you have completed a SFP Entitlement Declaration form (See Question 2 on SAF 1) you must return this with your application. From 16 May to 31 May Applications already received by us by 15 May 2013 may be amended to increase the area you have claimed, for example adding fields, and you will not be penalised. From 16 May to 10 June 2013 If we receive your application on or between these dates, you will be penalised. We will reduce your payment 1% for each working day the application is late (except in cases of force majeure or exceptional circumstances). From 1 June to 10 June 2013 Applications already received by us may also be amended between these dates to increase the area you have claimed, for example, adding fields, but you will be penalised on the amended fields. We will reduce your payment 1% for each working day the amendments to your application are late (except in cases of force majeure or exceptional circumstances). Monday 10 June 2013 From Tuesday 11 June 2013 36 This is the final date for receiving applications or amendments to your Single Application. This is also the final date for receipt of SFP Entitlement Declaration forms (See Question 2 on SAF 1). We will reject all applications received on or after this date (except in cases of force majeure or exceptional circumstances). This includes applications which arrive with us on Tuesday 11 June 2013. Section 8 Information for landowners and tenants on claiming for SFP and LFACA and other area-based aid schemes Who is eligible for SFP? To be eligible to claim payment under the SFP Scheme, you must meet all of the following conditions: 1. Be a farmer undertaking agricultural activity and have been issued with a Category 1 Business ID*. 2. Hold payment entitlements and have eligible agricultural land. 3. Ensure that any individual field, or area within a field, you declare to activate SFP entitlements is at least 0.1 hectares. If you have special entitlements you can activate these without any land but you must satisfy the required level of agricultural activity we have told you about. 4. Have the land on which you claim payment at your disposal on 15 May of the year of the claim. For further information on business categories you should read Section 7 of ‘A Guide to the Single Farm Payment (SFP) Scheme’ or contact the Business Change Section in Orchard House. See Section 14 for contact details. *There are three categories of Business ID but only Category 1 enables the farm business to hold payment entitlements and submit a SAF. Landowners Where a landowner has leased land to another business which the leasee (tenant) enters into an agri-environment scheme, we would strongly advise that only the leasee (tenant) should claim SFP or LFACA on that land. In such cases, it is very unlikely that the landlord would retain sufficient control of the land to enable the requirements of the SFP Scheme to be met. Tenants To claim SFP tenants must: • have the agreement of the landowner to claim that land; • have the land at their disposal on 15 May; and • be undertaking agricultural activity on that land. If there is any uncertainty about your claim, you may be asked for evidence to show what agricultural activity you are undertaking on the land. If you cannot satisfy DARD that you are responsible for undertaking agricultural activity on land you have claimed for SFP, that land will be removed from your claim and we will consider whether over declaration penalties should be applied. 37 If you are leasing land or taking land in conacre you should: 1. Check if the landowner is claiming SFP on this land. 2. Check if the landowner allows you to use the land to claim subsidy. 3. If you are claiming LFACA, have a suitable written conacre licence agreement (for example the RICS model conacre licence agreement). 4. Make sure you get the most up-to-date map from the landowner. 5. If possible, check that the previous tenant is not claiming SFP or LFACA on this land. Should I be claiming SFP on the land? It is in your interests to make sure that you only claim SFP on land that you have the right to claim, that is at your disposal on 15 May and on which you are undertaking agricultural activity. Agricultural activity is defined as the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes or maintaining land in good agricultural and environmental condition (GAEC). If you are not undertaking any agricultural activity on land you should not claim it for SFP. If you do, this may be considered as creating artificial conditions to claim subsidy and, if we think this is the case, we will carry out further investigations which will delay your payment. We could also apply penalties. Land use and SFP The Land Use codes at Section 12 sets out which land is eligible when completing your FDS. Detailed information on land can be found in the updated 2013 version of the ‘Guide to Land Eligibility’ booklet. This is available on the DARD website www.dardni.gov.uk/grants-and-funding The land on which you are claiming must be in an eligible land use for the entire calendar year (1 January - 31 December) except in cases of force majeure or exceptional circumstances. See Section 11 for further information. 38 Who is eligible for 2014 Less Favoured Area Compensatory Allowances (LFACA) Scheme? LFACA 2014 will be similar to the 2013 scheme. The LFACA 2014 eligibility requirements are largely unchanged since 2013 and these are set out below. However there are two changes: • It has been decided to introduce a 5% check on dual use claims. It is essential that conacre tenants claiming LFACA have a written conacre licence agreement which they can produce if requested. Further information is at Dual use claims in this Section. • LFACA will now use the same Review of Decisions process as SFP. The scheme has two parts: 1. An area based payment for eligible hectares of Severely Disadvantaged Land (SDA) and Disadvantaged Land (DA); and 2. A `cattle bonus` which increases the area based payment for those producers’ who have 25% or more of their eligible livestock units (LUs) as suckler cows or heifers. In short, to claim you must: • farm at least 3 hectares of eligible forage land in the SDA and/or DA; • keep enough eligible stock to meet the minimum 0.2 LUs per hectare (ha) stocking density requirement; • have the land available and accessible to you and meet the stocking density requirement throughout the period of 1 April 2013 to 31 October 2013. • if you are a tenant you should have a written conacre licence agreement; • meet the Cross-Compliance requirements; • agree to farm in the Less Favoured Area (LFA) for five years from the first payment of a compensatory allowance; and • complete the 2013 SAF 1 and FDS properly. More detail on the scheme is given in the LFACA Explanatory Notes booklet which you can read, download and print from our website at www.dardni.gov.uk/grants-and-funding 39 Land use and LFACA Eligible forage land is land that is in the Severely Disadvantaged Area (SDA) or Disadvantaged Area (DA) and is declared on your FDS under either FR1 (Grass) or OT3 (Non-commercial grazed orchards, grazed woodlands or areas in agroforestry). It must also be available and accessible to you for use for maintaining livestock or producing a forage crop for the entire 7 month period of 1 April 2013 to 31 October 2013. Codes FR1 and OT3 are eligible under the LFACA scheme as long as the land is situated within an LFA region. Dual use claims A dual use claim is where one individual (typically the landowner) claims SFP in respect of a field on which a second individual (typically the conacre tenant) simultaneously claims LFACA. We consider that, in conacre-like arrangements, a dual use claim is possible, provided the applicants involved are each able to meet the respective Scheme conditions. In order to demonstrate that they are meeting the scheme conditions, applicants should have a written conacre licence agreement. Where the land is let under a formal, multi-annual leasing arrangement, it is very unlikely that the landlord would retain sufficient control of the land to enable all the requirements of the SFP Scheme to be met. For claims made on the 2013 SAF, it is important that landowners and tenants agree who has the right to claim and that the applicant can meet all the conditions for a particular scheme. We will be carrying out a 5% check on dual use claims received in 2013. As part of the check the LFACA claimant will be asked to provide a copy of their written conacre agreement. The SFP claimant will also be informed that a check is being carried out. We will withhold payment on both claims until we are satisfied that all the scheme conditions are being met. If the LFACA applicant cannot supply a copy of a written conacre agreement showing that the eligibility conditions of the scheme are being met, over declaration penalties will be applied. Depending on the amount of land involved the entire claim could be treated as ineligible. There should be no delay in the processing of claims provided there is a suitable written agreement in place and a copy provided should the Department ask to see it. A model of a written conacre licence agreement has been developed by the Royal Institution of Chartered Surveyors (RICS) working with the Department and the Ulster Farmers’ Union (UFU). It incorporates the information we believe is needed to allow both farm businesses to demonstrate that they are meeting the conditions of each scheme and can be downloaded, free of charge, from the RICS website. www.rics.org/conacre 40 It can be also accessed through the UFU website www.ufuni.org/links.aspx or printed out for you at your local DARD Direct office. Duplicate field claims A duplicate field claim is where the same fields have been claimed under the same aid scheme by more than one farm business. This is not the same as a dual use claim. If a duplicate field situation arises, we will require substantive and clear proof of who has the right to claim the field. It is important that farmers agree who has the right to claim payment on individual fields before they submit an application form. Remember, for 2013 SFP Branch will not be issuing a 'fields not printed' letter to those producers where an unresolved duplicate field exists on their application. Unresolved duplicate fields will be pre-printed at Columns A-F on the FDS of all the businesses on which the field was duplicated in 2012. The farmer who does not have the right to claim should ensure that the field is removed from their FDS. If you require further clarification on the information given in this Section please contact your local DARD Direct office on 0300 200 7848. 41 Section 9 Specific issues of interest DARD online services The Department prefers to receive your Single Application online. Completing your application online is • fast and efficient; • secure • easy; • likely to reduce mistakes in your claim; • designed to highlight errors, which could potentially delay payments with a traditional paper claim; and • a service which is available at any time of the day or night during the application period. To submit your Single Application online you will need a Government Gateway ID and password. If you don’t already have these you should contact, in the first instance, the Department’s online services team on 0300 200 7843 or visit www.dardni.gov.uk/onlineservices It is important that you apply for your Government Gateway ID and password well in advance of the closing date for the receipt of Single Applications on 15 May 2013. You will not be able to access the Department’s online services, including the Single Application online facility, without them. Once you have been given your ID and password, you will then be able to access the full range of the Department’s online services. This includes the facility to track the progress of your 2013 Single Application even if you didn’t submit it online. If you have nominated an authorised person to act on your behalf, he/she may also track your claim to SFP. However, to use this particular service, your authorised person must be registered with the Government Gateway as an agent. If, after registering with the Government, you need help in completing your Single Application online, you should telephone DARD’s SFP Branch on either (028) 7129 0077 or (028) 7129 0068. You will receive an acknowledgement of your online application. Please keep this until you have received your payment. If there is a dispute about your application, you will be asked to provide it. 42 Order of activating your SFP entitlements If you did not activate all or some of your entitlements in 2012, you must activate them in 2013 or you will lose them at the end of the 2013 scheme year. If you do not activate your payment entitlements, they will be returned to the National Reserve (except in cases of force majeure or exceptional circumstances) and you will no longer be able to claim payment on these entitlements. If you answer Yes’ at Question 2 on your SAF, we will activate your entitlements to equal the number of eligible hectares you have declared at Question 1 on your SAF in the following order: 1. We will activate those entitlements not activated in the previous year and which you could lose if they are not activated in the current year. We will begin with those with the highest unit value. 2. Then we will activate all other entitlements to the limit supported by your eligible land, again beginning with those with the highest unit value. If you hold entitlements of different values and do not activate them all in 2013, we may need to rotate your entitlements and activate those of a lower value first. This will avoid them being confiscated, but could result in a lower SFP payment in 2013. However, if you answer ‘No’ at Question 2 because, for example, • you would rather receive a higher SFP but have the lower value entitlements confiscated, or • for whatever reason, you do not want to activate all your entitlements but want to decide for yourself which ones you want to activate (for example, you hold entitlements of different values). you will need to tell us exactly which entitlements you want us to activate for you. To do this, please download a Single Farm Payment Entitlement Declaration Form from the Department’s website or obtain one from a DARD Direct office. Complete and return it along with your 2013 SAF, on or before 15 May 2013. If you answer ‘No’ to Section 1 and do not return this form along with your application form, we will activate your entitlements on your behalf in the order set out above. In November 2012, the Minister for Agriculture and Rural Development issued a Press Release reminding farmers of the rules governing the activation of SFP entitlements. A copy of the Press Release is included at Annex 3 of this Guide. 43 €100 minimum payment for SFP The EU requires us to set a minimum payment level. In Northern Ireland the minimum payment level prior to deductions is €100. This means that if the total value of entitlements you claim (activate) is less than €100, the entitlements will not be considered activated and no payment can be made. For example, a farmer holds 1 entitlement worth €120. • If the farmer only activates two thirds of that entitlement (€80), no payment will be made. • If the farmer activates the entire entitlement worth €120, but after deductions the amount payable is reduced to €80, then a payment of €80 will be made. Entitlements regarded as not activated in 2012 will be lost if they are not activated in 2013. We will return these to the National Reserve and you will no longer be able to claim payment on them. You may choose to buy/lease additional entitlements to increase the total value of entitlements you activate above €100. You will need to ensure you have sufficient land to activate these additional entitlements. Alternatively, you may choose to sell or lease your entitlements to another farmer. Land claimed for SFP under a NIEA designated site SFP may continue to be paid on land that no longer meets the usual SFP eligibility requirements because of the implementation of EU legislation on the conservation of wild birds, natural habitats and of wild fauna and flora, for example, tall heather. The land may be used to claim your entitlements provided it met the SFP eligibility requirements and formed part of the area determined as eligible for payment in 2008. Much of this land will be within a Special Protection Area (SPA), Special Area of Conservation (SAC) or Area of Special Scientific Interest (ASSI). You will have been formally notified by the NIEA if your land is in one is these areas and you will already be aware of the environmental obligations which exist on your land. There may also be land outside of the above designated sites which contains priority species and habitats and maybe used to claim entitlements. If you think that your land contains priority species and habitats, but you have not received any formal notification from the NIEA, you should contact Richard Weyl on 02890 569 684. 44 On-the-spot (OTS) land eligibility checks (inspections) How OTS land eligibility checks are selected In accordance with EU legislation, 5% of the applications submitted must be selected for an on-the-spot land eligibility check. Between 1% and 1.25% of these are selected randomly, with the remaining 3.75% - 4% being selected using a riskbased methodology. For example, in the 2012 SFP scheme year, 1 in every 80 applications received was selected randomly (approximately 475 farm businesses) and approximately 1,425 farm businesses were selected using a risk-based methodology. We do not control the random selection so there is always the potential that a farm business could be randomly selected year after year. Similarly, it can happen that a farm business selected under the risk-based methodology can also have had a land eligibility check completed in previous years. The risk-based methodology is based on information provided on the single application and on claim history. A risk weighting is attributed to each of the risk criteria and claims that accrue the highest total score are subject to an OTS check. The same risk criteria and risk weightings are applied to all claims. Most of the risk factors applied are based on those suggested by the Commission and may include • amount of aid involved • number of agricultural parcels • changes from the previous year (for example fields that have been mapped for the first time in 2013) • findings of checks made in past years. On-the-spot land eligibility checks are considered by the EU as a key control in our implementation of the Single Application and once a farm has been selected for inspection, it cannot be removed from that selection. Who undertakes the OTS land eligibility checks for SFP? The land eligibility check can be undertaken by DARD staff who will complete a physical OTS check, which involves inspecting all fields owned or claimed by the applicant. An OTS land eligibility check can also be completed using remote sensing techniques, which involves interpreting ortho images produced from satellite and /or aerial photographs of fields in relation to a claim. Such checks identify ineligible features such as buildings, laneways and other land that is not eligible to be claimed for SFP. This also includes dense and scattered patches of scrub, whin, bogs and so on. 45 What if I am selected for an OTS land eligibility check? By submitting a Single Application, you agree to permit the Department to carry out an OTS land eligibility check (with or without prior notice at any reasonable time). If a physical check is being completed an inspector will endeavour to contact you prior to the check usually by phone advising you of the date and time. The check may go ahead if contact cannot be made. In extenuating circumstances the date of the check can be re-arranged at the discretion of the DARD inspector, however it must be within the time period as outlined in the EU Regulations. If you are selected for a land eligibility check, it is not necessary for you to walk the fields with the inspector. However, you should arrange to be present at the end of the inspection to discuss the findings and sign off the inspection report. If you are unavailable, please nominate a representative in your place to sign the inspection report in your absence. No payment will be made if you, or others acting on your behalf, prevent an on-farm inspection from being carried out. It the check is being undertaken using Control with Remote Sensing (CwRS) you will receive no notification. However in the event of a field visit being required to confirm details, you will be contacted by DARD staff. Once the check has been completed and the results processed you will be sent a report detailing the findings. Further information on how and when checks are carried out and how OTS checks relates to SFP and other area based schemes can be found on our website www.dardni.gov.uk/grants-and-funding Cross-Compliance responsibilities Cross-Compliance obligations apply to all the schemes on your SAF. All agricultural land within a business (irrespective of whether it is used to activate SFP entitlements or claim payment under another aid scheme) must be maintained in accordance with the Cross-Compliance Statutory Management Requirements (SMRs) and must be kept in good agricultural and environmental condition (GAEC). Although land used to activate entitlements needs only to be at your disposal on 15 May of the year of the claim, you must meet the Cross-Compliance rules for the whole calendar year. This applies even if you do not occupy the land for the whole year. There is one exception to this rule which is when land is transferred from or to someone who has also submitted an application in that calendar year. 46 Example 1 You take on some agricultural land on 10 April 2013. You declare this transferred land as part of your holding on your 2013 SAF. If the transferor (the person you took the land from) does not submit a 2013 SAF for the rest of their agricultural land, you will be liable for Cross- Compliance on the transferred land for the whole of the calendar year, including the period between 1 January 2013 and 9 April 2013 when you did not occupy the land. If the transferor submits a 2013 SAF for the rest of their agricultural land, they will be liable for Cross- Compliance on the transferred land from 1 January 2013 until 9 April 2013. You will be liable for Cross-Compliance on the transferred land from 10 April 2013 for the remainder of the calendar year. Example 2 You transfer some agricultural land on 14 July 2013 to another farm business This land was declared on your 2013 SAF. The transferee (the person you transferred the land to) has not submitted a 2013 SAF. You will be liable for Cross-Compliance on the transferred land for the whole of the calendar year, including the period between 14 July 2013 and 31 December 2013 when you are not occupying the land. If the transferee has submitted a 2013 SAF for the rest of their agricultural land, they will be liable for Cross-Compliance on the transferred land from 14 July 2013 until 31 December 2013. You will be liable for Cross-Compliance on the land up to the date of transfer that is, from 1 January 2013 until 13 July 2013. You should carefully consider the terms of any contractual arrangements between you and the transferor or transferee if you are transferring land (either in or out) during the year. This is so you can make sure that your interests are protected and you can produce documentary evidence regarding responsibility for the land if either a Cross-Compliance breach occurs or access to inspectors is prevented before or after the land transfer. Similarly, you should bear in mind the risks of not having contractual arrangements agreed and in place. In the case of livestock, the keeper of the animals is responsible for ensuring compliance with the animal related Cross-Compliance requirements. Further information on Cross-Compliance (including GAEC) can be found in the booklets: 1. Cross-Compliance Verifiable Standards Summary (revised 1 January 2013) 2. Cross-Compliance Verifiable Standards (Full Version) Both of these booklets are available on the DARD website at: www.dardni.gov.uk/Cross-Compliance 47 Section 10 General points to remember Nomination of authorised person You can nominate another person to fill in the SAF and act on your behalf in relation to the processing of your claim so long as they have been properly authorised. There are four levels of authority and you should only select one of these options at Section 11 (b) on your SAF. The levels of authority are: 1. Complete and submit the SAF on your behalf only; or 2. Complete, submit the SAF and allow the authorised person to discuss your claims with the Department; or 3. Complete, submit the SAF, discuss your claims with the Department and allow the authorised person to make changes where scheme rules permit, for example, change or withdraw information on your behalf; or 4. Complete, submit the SAF, discuss your claims with the Department, and allow the authorised person to make changes where scheme rules permit and view your payment details online. When you nominate someone to act on your behalf, his or her authorisation to do so will remain in place until you tell us otherwise. Therefore, you will only need to complete this section this year if you want to nominate a different person or change the level of authority you gave the person you nominated previously. In signing this section you are doing so on behalf of all the members of your business and indicating that all members agree. We will consider any information provided by the person you authorise to have been provided by you and we may reduce your claim if we find the information is incorrect or scheme rules have not been met. The Department will not be liable for any direct or indirect loss or liability to you as a result of the authorised person acting on your behalf. Amendments, corrections or withdrawals of application forms Payment in euro SFP is the only scheme which can be paid in euro. All other schemes will be paid in sterling. EU legislation states that the deadline for deciding if you want to be paid in Euro is the closing date of the Single Application. For 2013, this is Wednesday 15 May. The only exception to this is a late claim received on or before 10 June 2013 which would incur late claim penalties (except in cases of force majeure or exceptional circumstances). 48 Once the request to be paid in euro is made you cannot revert to payment in sterling during the 2013 scheme year. Amendments to areas you have claimed You can correct your application form at any time by removing or reducing areas you have claimed as long as you let SFP Branch in Orchard House know. This must be done: • in writing (using a SAF 3, which is included in your application pack), • before we tell you about an OTS check and • provided we have not already told you about an error in your application. If we have already told you about a problem with your application or if we have given notice that an OTS check will be carried out and this OTS check then reveals an irregularity, you cannot amend, withdraw or change the part of the application affected by the irregularity. You can amend your application to increase the area you have claimed or the value of your claim up to and including 31 May 2013 without penalty, providing you have not been notified of an inspection or told of an error in your application. For example, you might add fields if you are using them to support a claim for SFP. You can also make changes regarding use and aid scheme for fields already included in the application. For 2013, between 1 June and 10 June inclusive, if we receive your amendment to increase the area you have claimed or the value of your claim, we will reduce your payment relating to the fields in question by 1% for each working day the amendments are late, except in cases of force majeure or exceptional circumstances. Applications cannot be amended after 10 June to increase areas claimed, or the value of the claim, except in cases of force majeure or exceptional circumstances. If you notify us of an error after that date, we will correct your application and you will not be penalised but you will not receive payment on the adjusted area. If a different area to the one you notified in your amendment is found at an OTS check, you may be penalised. Withdrawal of land from your claim You can choose to withdraw all or part of your application for payment from any aid scheme at any time, as long as we have not told you about any mistakes in your application or told you of an OTS check which subsequently reveals errors in respect of the withdrawn information. You must make your application to withdraw in writing (using Form SAF 3) to SFP Branch in Orchard House. If any amendments, corrections or withdrawals of application forms affects the MEA, you must also complete a LPIS Correction Form and send it to your local DARD Direct office. 49 Obvious error In accordance with EU rules, we can sometimes adjust your application in cases of obvious error. Decisions on whether to do this depend on the overall facts and circumstances of each individual case. We must be satisfied of the obvious nature of the error involved. As a general rule an obvious error has to be detected from information given on the SAF. Not all mistakes can be described as obvious errors and some errors may result in penalties being applied to your claim. Cross-border applications (i) Holdings within other United Kingdom regions If you have land in more than one region of the United Kingdom which is managed as the same farm business, you will have to apply to only one Paying Agency to receive payment for your entire holding. You should apply to the Paying Agency responsible for the region where most of your holding is located. See Section 14 for contact details. If most of the land relating to your business is located in Northern Ireland, the Single Application pack supplied by us will include a Single Application Form, Field Data Sheet and Applicant Guide from other regions in which you farm. You should fill in the forms from the other regions along with the Northern Ireland Single Application Form and return them all to SFP Branch in Orchard House. If most of the land relating to your business is in another region of the United Kingdom with some land in Northern Ireland, you should receive an application pack from the Paying Agency in the other region. This pack will include the Northern Ireland forms and guidance. Note: If you have land in another region of the United Kingdom and this land is managed as a separate farm business from the business in Northern Ireland, and you established entitlements separately, in both regions, in 2005, then these rules will not apply. You will have to complete separate forms in both regions. (ii) Land in the Republic of Ireland It is not possible to use land that is situated in the Republic of Ireland (ROI) to activate entitlements in Northern Ireland. 50 Penalties We will check all application forms to ensure they have been completed correctly and that the eligibility rules of the schemes are being met. If you do not meet the scheme rules, or we find an inaccuracy we will apply penalties. A false declaration made deliberately or recklessly may also lead to criminal prosecution. Examples of circumstances when you may be penalised include: • Late applications (received after 15 May 2013). • Amendments to your applications between 1 June and 11 June 2013 inclusive. • Reductions relating to breach of Cross-Compliance requirements. • Under or over-declaration of land (including duplicate fields and declaring ineligible land). • Intentional over-declaration. In limited circumstances, we may accept that you did not meet the requirements of the Single Application because of events outside of your control. This is known as force majeure or exceptional circumstances. Where this is the case, we will not normally apply penalties. Full details of penalties, with examples, can be found in ‘A Guide to the Single Farm Payment Scheme’ and is available on our website at www.dardni.gov.uk/grants-andfunding It is in your interest to make sure your claim is accurate and that you do not claim on any land that is not eligible. Check all the information on your FDS is correct and remove ALL ineligible areas. You should tell us about any changes to the MEA by completing a LPIS Correction Form (and a SAF 3 if you are reporting a change after you have sent in your SAF1). If we find you deliberately claim on land that is clearly not eligible for the scheme you have applied for, we may apply an intentional over-declaration penalty. This could result in loss of all payment for one year or, in more severe cases, in the following three years as well. Modulation Modulation is a mechanism that deducts money from farmers’ Single Farm Payment and makes it available for rural development schemes. In October 2012, the Minister for Agriculture and Rural Development, affirmed her support for farmers who are being affected by rising production costs and feed prices and announced that there would be no voluntary modulation deducted from 2013 SFP payments. 51 The compulsory modulation deductions that will apply in 2013 are shown in the table below. Value of Claim (€) Compulsory Modulation Voluntary Modulation Total Up to €5,000 0% 0% 0% €5,000+ - €300,000 10% 0% 10% €300,000+ 14% 0% 14% Modulation deductions will be made from your SFP payment after the application of any penalty deductions (other than Cross-Compliance) that may be necessary. If you have entitlements in Northern Ireland and also in another region (Scotland, England or Wales) then we will calculate the percentage of SFP you are due for each region. This will be based on your total payment due. We will apply this percentage at every stage (tier) of the modulation calculation. The rate applicable for each region will be applied to their own apportioned payments. 52 Section 11 Force majeure and exceptional circumstances The EU Regulations allow for us to consider cases of force majeure or exceptional circumstances as a reason for not submitting or amending your application on time. Force majeure or exceptional circumstances is defined as ‘unusual circumstances, outside the control of the trader, the consequences of which, in spite of the exercise of all due care, could not have been avoided except at the cost of excessive sacrifice’. You must tell the Department in writing of the force majeure or exceptional circumstances within ten working days of the date of being in a position to do so before a case of force majeure or exceptional circumstances can be considered. You will have to prove that, despite taking all reasonable measures to counteract their effects, the force majeure or exceptional circumstances prevented you from meeting your obligations. You must be able to provide information, supported by documentary evidence, of the steps you have taken to prevent or lessen the effect of these circumstances. It is important that you do not wait until the ‘Review of Decisions’ stage to notify the Department of force majeure or exceptional circumstances, as this will normally be considered to be outside the 10 working day notification period. Land taken out of production due to force majeure or exceptional circumstances Force majeure is not new and applies to all land based subsidy schemes (SFP, LFACA and agri-environment). Cases are determined against their particular circumstances and on an individual basis. The most recent ‘large scale’ example of force majeure was its use, for SFP and LFACA purposes, after the gorse/heath fires in 2011. You should always notify the Department at the earliest possible opportunity of any force majeure situation that renders a portion of land out of agricultural use, even if only for a short time. So, if for reasons of force majeure or exceptional circumstances some, or all, of your land is not available to you on 15 May, or is ineligible for SFP at any time during the year, you should tell us when you submit your claim or within ten working days of the date of being in a position to do so. If you do not, and we later discover that the land was taken out of production at any time during the year, we may consider that there is an over-declaration of land and apply a penalty to your claim. 53 When you tell us of a ‘force majeure’ you will be asked to complete a FML1 application form giving details and providing evidence of the circumstances. We will look at each request individually and where we agree that force majeure or exceptional circumstances have been demonstrated, we will not normally apply penalties. For us to consider force majeure or exceptional circumstances, the land must be unavailable to you on 15 May in the scheme year or ineligible for SFP for at least some part of the calendar year. The land must be able to be returned to agricultural use or become eligible for SFP. You must provide clear documentation indicating when the land is likely to come back into agricultural use. If your land is ineligible for SFP for the whole year, and is removed permanently from agricultural use, we will not consider force majeure or exceptional circumstances. Should this happen, you will have to obtain other eligible land to claim payment of SFP in such circumstances. Land temporarily removed from agriculture Examples of eligible force majeure or exceptional circumstances events will be those that temporarily remove the land from the farmer’s agricultural business. These include: • Land vested by a utility for work where the land is returned to agricultural use after the work is complete, for example, pipe laying. • Eligible land which has been damaged as the result of an event, for example, gorse wildfire or floods. Force majeure or exceptional circumstances will be considered if you have signed an agreement, or are similarly committed to permitting work to take place but the consequences of not doing so would be that a vesting order would be applied. You will be required to provide evidence of when you were made aware of the work or the intention to apply for a vesting order. If your land has been purchased as part of a vesting order we may accept force majeure or exceptional circumstances in relation to your claim for SFP for that year only. If your land has been burned maliciously then you would need to provide evidence that you reported this to the Police Service of NI or the NI Fire and Rescue Service. Land permanently removed from agriculture The payment of SFP in relation to land becoming ineligible is dependent on whether the land is permanently removed from agriculture or whether it will be returned to agricultural use at some point. 54 If you have land that is permanently removed from agricultural use, for example, land that is actually taken up by new road, it is possible to pay SFP on this area in the year in which the land is taken out of agricultural use. After this you need to make other arrangements to have eligible land to support activation of your entitlements. If the land is to be returned to agricultural use it is possible to claim payment using the land during the period it is not in agricultural use. Such areas would normally be areas set aside for storage of materials and equipment used in the construction of road works and then returned to you for agricultural use. However, the period of removal from agricultural use would have to be reasonable, for example, 2 years. Road Service Guidelines The Roads Service is an Executive Agency within the Department for Regional Development. It has produced guidelines, with the assistance and input from the Ulster Farmers’ Union, to inform and advise farmers and landowners of the development processes that Roads Service normally adopts when bringing forward proposals for a major road improvement scheme. These guidelines can be found at: www.roadsni.gov.uk/roadimprovements Ash Dieback and force majeure If trees are being removed by the Department, and we have evidence to support this, any eligible land used to support a SFP or LFACA claim that was subsequently found to be affected by the removal of trees could continue to be treated as eligible in the year of their removal or destruction. All the above rules apply and, again, you should notify the Department if your land has been affected by ash dieback when you submit your claim or within ten working days of being in a position to do so. Should you consider force majeure applies to your land because of ash dieback, gorse fires or any other unforeseen event you are advised to contact SFP Branch immediately for advice. 55 Section 12 Eligible land use codes for Column G Code Description Forage FR1 Grass (grass for grazing, hay and silage, rough grazing, grazed heather, sainfoin, clover, lucerne and forage vetches). FR2 Dehydrated fodder eligible for dried fodder aid. Arable AR1 Cereals, oilseeds or linseed, Spring barley, Winter barley, Spring wheat, Winter wheat, oats, mixed corn, rye, grain maize, oilseed rape, linseeds, triticale, sunflowers, sweetcorn. AR2 Whole crop cereals/silage maize (cereal or maize for animal consumption). AR3 Other fodder crops (fodder beet, fodder rape, fodder kale, stubble turnips, swedes and any other crop used for fodder not stated elsewhere. If you have wild bird cover and are claiming under an Agri-environment scheme, use this code). AR4 Flax (flax which is eligible for the Fibre Aid Processing Scheme). AR5 Hemp - not grown as an energy crop. If you are growing hemp you must obtain a licence and include it with your Single Application. Horticulture HT1 Fruit (strawberries, rhubarb, raspberries, mulberries, blackberries, loganberries, currants (black, red and white), cranberries, bilberries and other fruits of the genus Vaccinium and tomatoes). HT2 Vegetables (cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas; carrots, turnips, salad beetroot, salsify, celeriac, radishes, Jerusalem artichokes and similar edible roots; cucumbers and gherkins; leguminous vegetables such as peas and beans; lettuce (Lactuca sativa) and chicory (Cichorium spp.), cress and other salad vegetables; alliaceous vegetables such as onions, shallots, garlic, leeks and chives; aubergines, edible mushrooms, marrows, pumpkins, spinach, cress, fruits of the genus Capsicum or the genus Pimenta; herbs such as fennel, parsley, chervil, tarragon and sweet marjoram (Majorama hortensis or Origanum majorama), basil, coriander and dill; globe artichokes and asparagus). HT3 Potatoes (seed and table potatoes). HT4 Horticultural food crops grown under cover (crops listed at HT1 - HT3 grown under cover on land which is eligible for the Single Farm Payment that is, land kept in GAEC). Land under concrete floors is NOT eligible. 56 Set-Aside SA1 Land Voluntarily Set-aside. Protein Crops PC1 Peas, Field beans, Sweet lupins or other protein crop. Energy Crops EC1 Short rotation coppice covered by CN code 0602 90 41, Alder, Birch, Hazel, Ash, Lime, Sweet chestnut, Sycamore, Willow, Poplar. EC2 Hemp grown as an Energy Crop. EC3 Any other agricultural crop grown for the purpose of producing energy. Other OT1 Flowers. OT2 Lawn Turf. OT3 Non-commercial grazed orchards, grazed woodlands or areas in agroforestry. Grazed woodland or grazed orchards with more than 50 trees per hectare may be considered eligible if: • there has been a history of acceptable grazing practice and there is sufficient forage and evidence of acceptable grazing; • grazing is not damaging the ecological value of the site, for example by significantly reducing the number of existing tree seedlings and saplings or by reducing the occurrence of grazing sensitive plants. If there are single trees, a line of trees or a small clump of trees with grazing available right up to the trees, you do not need to make a deduction for the tree trunks. Agro-forestry is having agriculture and tree growing on the same land unit. OT4 Ornamentals and Nurseries. (Areas of young woody plants grown in the open air for subsequent transplantation). Note: concrete areas, or hardcore, on which potted nursery plants, ornamentals, polytunnels etc. are placed are not eligible for SFP. Use OT7 for such areas. 57 OT5 Commercial Orchards (commercial orchards used to grow top fruit for example, apples and pears). OT9 Land that was eligible, claimed and on which SFP was paid in respect of 2008 scheme year and is subsequently (after 31 December 2008) converted to forestry under an EU scheme remains eligible for the duration of the forestry scheme. OT10 Land that was eligible, claimed and on which SFP was paid in respect of 2008 scheme year and is subsequently (after 31 December 2008) planted with trees under an EU agri-environment scheme, remains eligible for the duration of the EU agri-environment scheme. OT11 Land in an EU Forestry Scheme on which SFP was paid in 2008 in respect of set-aside entitlements remains eligible for the duration of the forestry scheme. OT12 Land in an EU agri-environment Scheme on which SFP was paid in 2008 in respect of set-aside entitlements remains eligible for the duration of the EU agri-environment scheme. 58 Section 13 Standards of service We are committed to maintaining and improving the quality of service that we provide in the management of all the schemes under the Single Application process. Completion of your application form To help you complete your 2013 SAF we have issued you with a scheme map and field information table. As set out in Section 2 of this Guide, because the majority of fields have been changed we have not pre-populated Columns G to J of the FDS. This would usually have been pre-populated with last year’s (2012) claim information, which is no longer appropriate in the majority of cases. Columns G to J of the FDS need to be completed by you for your 2013 claim. On receipt of your application form We will do our best to: • write and tell you we have received your posted application form within 10 working days of us receiving it. However, at busy times this may be longer. • give you a receipt where applications are hand delivered to Orchard House, a local DARD Direct Office or Sub-Office* and follow this up with a full acknowledgement letter within 10 working days. If you do not receive an acknowledgement letter within 3 weeks of posting your form you must check with SFP Branch in Orchard House. *Our Sub-Offices have limited opening times. Always check with your local DARD Direct Office to make sure the sub-office will be open if you want to hand deliver your application form there. Checking your application form Complete your application form accurately and send it to us as early as possible. We will check it to make sure it has been completed correctly. If there is a problem with your form, we will return it to you at the earliest possible date we can. Make sure you re-submit it before the application period closes to avoid penalties being applied or your claim being rejected if it is late. If your application form is received on time we will write and tell you what area of your land is eligible for payment. These letters will be issued around October/November of the scheme year other than where claims involve an unresolved query or where an on-farm inspection has still to be completed, A percentage of applications will get an on-farm inspection. 59 Phone calls We will try to answer phone calls within 6 rings. At busy times, for example, when payments are being processed, it may take longer. We will try to answer phone queries immediately or, if a more detailed investigation is required, within two working days, unless we tell you otherwise. You should contact us in writing if you are having difficulty getting an answer to your query. Penalties Under EU legislation, we must apply penalties to applications that breach the rules of the Single Application Scheme. If your application is penalised we will write and explain why. If you do not understand how or why the penalties have been applied, you should phone the person whose name is at the bottom of your letter. If you are not happy with the explanation, you can have our decision reviewed at a formal appeal. You must do this within 42 days of the date on our letter or we cannot consider your appeal. In limited circumstances, we may accept that you did not meet the requirements of the Single Application Scheme because of events outside of your control. This is known as force majeure or exceptional circumstances. Where this is the case, we will not normally apply penalties. Formal review of decisions If you are not happy with the explanation, or consider that our decision regarding your SFP is incorrect, you have the right to have our decision reviewed at a formal appeal. You must do this within 42 days of the date on our letter or we cannot consider your appeal. Examples of the types of decisions that may be reviewed include: • Financial penalties which result in a reduction or non-payment of SFP. • Reductions in eligible land areas after an inspection. • Recoveries, in whole or part, of any payments already made. Details of the review procedure are contained in the booklet ‘Review of Decisions Procedure’ which is available on request from SFP Branch. See Section 14 for contact details. Payments Under EU legislation we can only make payments on applications that have been fully checked and verified as correct. The EU rules permit us to commence full rate payments for the 2013 scheme year for SFP from 1 December. In November 2013, we will publish a payments profile setting out our most up-to-date payment processing targets. 60 Data Protection and Freedom of Information The Department takes data protection and freedom of information issues seriously. It takes care to ensure that any personal information supplied is dealt with in a way which complies with the requirements of the Data Protection Act 1998. This means that any personal information you supply will be processed principally for the purpose for which it has been provided. However, the Department may also use it for other legitimate purposes in line with the Data Protection Act 1998 and Freedom of Information legislation. These include: • administration of the Common Agricultural Policy and other aid schemes; • the production and safety of food; • management of land and other environmental controls; • animal health and welfare; • compilation of statistics; • disclosure to other organisations when required to do so; and • disclosure under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 where such disclosure is in the public interest. In accordance with EU legislation, the Department must also publish the amount of subsidies paid to beneficiaries who are classed as a legal entity, for all payments made from October 2009 and thereafter. This will include the business name, town and postcode prefix. Complaints about the quality of service The Department has introduced a standard procedure for handling complaints about the quality of our service. Tell us if you do not receive the quality of service you expect and we will fully and fairly investigate your complaint. You can do this in person, by letter, fax or phone. First of all, speak or write to the person who has been dealing with your application or with your local Office Manager. Give them as much information as possible and they will try and settle your complaint quickly. If you do not get a satisfactory answer, you will be given the name of a senior manager who has not been involved in the matter. You can contact them if you want your complaint to be taken further. A complaint form is available from your local DARD Direct Office or on the DARD website at: http://www.dardni.gov.uk/index/contact-us 61 Section 14 Contact details Useful addresses and phone numbers If you need any help or advice in relation to your application please contact SFP Branch in Orchard House or your local DARD office. The addresses and phone numbers are shown below. Single Farm Payment Branch Orchard House 40 Foyle Street Derry/Londonderry BT48 6AT LFACA Section Orchard House 40 Foyle Street Derry/Londonderry BT48 6AT Fax: (028) 7131 9800 DARD Grants and Funding: Tel: 0300 200 7848 Single Farm Payment (SFP), land eligibility, LFACA, farm, fisheries, forestry and rural development payments and grants, pre 2005 schemes. Website Address: www.dardni.gov.uk/index/grants-and-funding E-mail Address: gspd.sfps@dardni.gov.uk DARD Helpline: Tel: 0300 200 7852 or e-mail dardhelpline@dardni.gov.uk 62 Local DARD Direct offices Armagh A:tek Building Edenaveys Industrial Est. Newry Road Edenaveys Armagh BT60 1NF Magherafelt Units 36-38 Meadowlane Shopping Centre Moneymore Road Town Parks of Magherafelt Magherafelt BT45 6PR Ballymena Kilpatrick House 38-54 High Street Townparks Ballymena BT43 6DP Mallusk Castleton House 15 Trench Road Grange of Mallusk Mallusk Newtownabbey BT36 4TY Coleraine Crown Buildings Artillery Road Millburn Coleraine BT52 2AJ Newry Glenree House Unit 2, Springhill Road Carnbane Industrial Estate Carnbane Newry BT35 6EF Downpatrick Rathkeltair House Market Street Demesne of Down Acre Downpatrick BT30 6LZ Newtownards 2B Portaferry Road Commons Newtownards BT23 8NN Dungannon Crown Buildings Thomas Street Drumcoo Dungannon BT70 1HR Omagh Enniskillen DARD Direct Inishkeen House Killyhevlin Enniskillen BT74 4EJ Sperrin House Sedan Avenue Lisnamallard Omagh BT79 7AQ The telephone number for all Grants and Funding enquiries at DARD Direct Offices is 0300 200 7848 63 Other contact points: Countryside Management Development Branch Lindesay Hall Loughry Campus Dungannon Road COOKSTOWN BT80 9AA College of Agriculture, Food and Rural Enterprise (CAFRE) Organic Development Advisor Greenmount Campus 45 Tirgracy Road Muckamore ANTRIM BT41 4PS The phone number for Loughry Campus and CAFRE is 0300 200 7841 Email: cmbenquiries@dardni.gov.uk Forest Service Afforestation & Plant Health Branch Room 26 Dundonald House Upper Newtownards Road Ballymiscaw BELFAST BT4 3SB The phone number for the Forest Service is 0300 200 7847 Email: customer.forestservice@dardni.gov.uk Other sources of advice: Northern Ireland Environment Agency (NIEA) Land and Resource Management Unit Klondyke Building Cromac Avenue Gasworks Business Park Lower Ormeau Road Belfast, BT7 2JA Telephone Numbers General Enquires: 028 9056 9360 Waste Management Exemptions: 028 9056 9359 Registration of Carrier’s Queries: 028 9056 9360 Hazardous Waste Section: 028 9056 9710 64 Ulster Farmers’ Union (UFU) 475 Antrim Road BELFAST BT15 3DA Tel: 028 9037 0222 Fax: 028 9037 1231 Email: info@ufuhq.com NI Agricultural Producers’ Association (NIAPA) 15 Molesworth Street COOKSTOWN BT80 8NX Tel: 028 8676 5700 Northern Ireland Agricultural Consultants Association (NIACA) 35 Main Street DROMORE Co. Tyrone BT78 3AE Tel: (028) 8289 8179 GB Paying Agencies Rural Payments Agency for England Reading HQ Kings House 33 Kings Road Reading RG1 3BU Tel: 0118 958 3626 Fax: 0118 959 7736 Scottish Government, Rural Payments and Inspection Directorate SFP & Support Schemes Section Room 220 Pentland House 47 Robb's Loan EDINBURGH EH14 1TY Tel: 0131 244 4488 Email: SFPMailbox@scotland.gsi.gov.uk Welsh Assembly Government, Department for Rural Affairs Rural Payments Division Ffynnon Las Ty Glas Avenue Llanishen Cardiff CF14 5EZ Tel: 029 2075 2222 Fax: 029 2068 1381 65 Annex 1 Types of ineligible features Category of ineligible feature shown in Column D of your field information table Types of ineligible features within each category (see Guide to Land Eligibility for further information). % area of the feature that is ineligible HARD All buildings, glasshouses, polytunnels, yards, areas of hardstanding, roads, laneways, railways, airports, recreational areas, quarries and beaches. 100 ROCK Rock where the area is greater than 0.1ha (1000m²). 100 Watercourses greater than 2 metres wide and occupying an area greater than 0.1ha (1000m²). 100 Bogs, swamps, reed beds, ponds, lakes, bodies of water occupying an area greater than 0.1ha (1000m²). 100 Other ineligible land where the area is greater than 0.1ha (1000m²). This is land that is capable of being used for agricultural activity but according to the aerial photography has been abandoned. For example - fields adjacent to development sites. 100 Areas of scrub greater than 0.1ha (1000m²) with a density of 5% or less. 2.5 Areas of scrub greater than 0.1ha (1000m²) with a density between 6% and 20%. 13 Areas of scrub greater than 0.1ha (1000m²) with a density between 21% and 50%. 36 Areas of scrub greater than 0.1ha (1000m²) with a density greater than 50%. 100 WATER NOT IN AGRICULTURAL USE (NAU) This is land which, from the aerial photograph, does not appear to be used for agricultural purposes INELIGIBLE VEGETATION INELIGIBLE BOUNDARY Whin hedges greater than 2 metres wide 100 INELIGIBLE HEATHER Areas of ineligible heather greater than 0.1ha (1000m²). 100 TREES Area of trees greater than 0.1ha (1000m²). 100 66 Annex 2 Press release on dual claims Press Release of 12 December 2012 O’Neill announces conacre agreement plans for dual use claims Agriculture and Rural Development Minister Michelle O’Neill today announced plans to introduce an enhanced control framework to manage dual use claims. Dual use is the terminology applied where one individual - typically a landowner claims Single Farm Payment (SFP) in respect of a parcel of land on which a second individual - typically a conacre tenant - simultaneously claims the Less Favoured Area Compensatory Allowances (LFACA). Minister O’Neill said the decision to introduce the control framework, requiring a written conacre agreement, was supported in the recent public consultation and is in response to EU Commission auditors’ criticism. She said: “I have decided that a suitable written conacre agreement will now be required between all Single Farm Payment and Less Favoured Areas Compensatory Allowance Scheme claimants where a dual use claim exists. This new requirement will be in place for the 2013 Single Application process" The Minister continued: “In order to minimise the potential administrative burden on dual use claimants arising from this new requirement, my officials have been working with the Royal Institute of Chartered Surveyors and the Ulster Farmers’ Union to adapt the Institute’s Model Conacre Licence Agreement. A copy of this agreement will be made freely available and I would strongly recommend all those who will be in a dual use situation in 2013 to make use of it. “It is extremely important that all those in a dual use claim situation put a suitable written conacre agreement in place as soon as possible. In future, failure to produce a written agreement, when requested to do so, could result in the LFACA payment being refused and a penalty for over-declaration being considered. In addition, the absence of such an agreement could raise doubts about the legitimacy of the corresponding SFP claim. Using the RICS model agreement is the best way of meeting these new requirements and protecting your payments in 2013." RICS Northern Ireland Director, Ben Collins, said: “RICS first created the RICS Model Conacre Agreement in 2005 to deal with some of the issues raised by the introduction of the Single Farm Payment, which was perhaps the biggest change in agriculture for some 30 years. It has proved to be a valuable tool in ensuring all parties involved in a conacre agreement understand their rights and obligations. Working with DARD and the UFU, we have updated the agreement and it has undergone a public consultation to ensure it is as robust and as user friendly as possible. We are very pleased that DARD has agreed to accept the RICS Model Agreement as a means of demonstrating that the required controls are in place in the case of dual use claims. 67 Annex 3 Press release on SFP Entitlements 1 November 2012 O’Neill: protect your Single Farm Payment entitlements Agriculture and Rural Development Minister, Michelle O’Neill today reminded farmers of the rule governing the activation of Single Farm Payment (SFP) entitlements. Every farmer has to have an entitlement for each hectare of eligible land on which they wish to claim SFP. The EU regulations require farmers to activate each of their SFP entitlements at least once every two years. If the entitlements are not activated as required, the unused entitlements may be taken from the farm business. Urging farmers to make sure they complied with the EU requirement, the Minister commented: “In these challenging economic times, it is especially important that farmers maximise their payment of SFP and take any appropriate steps to preserve their full entitlement in the future. My Department will be writing to farmers over the coming days to remind them to check that they are activating each of their SFP entitlements at least once every two years.” The Minister added that the vast majority of recipients of the reminder letter will not lose any entitlements as the Department automatically activates those entitlements which farm businesses could lose if they are not activated in 2013. She said: “When farmers receive these letters they should check their own individual circumstances and satisfy themselves that they are complying with the rule about activating their entitlements. As long as they declare enough eligible hectares to support their SFP claim, my Department will, where possible, automatically activate for them entitlements that might be at risk in 2013.” Farmers who do not expect to have enough eligible land to activate the entitlements not activated in 2012 may wish to consider transferring these entitlements to another farm business which could activate them in 2013. 68 Annex 4 Terms of Reference DARD Department of Agriculture and Rural Development SFP Single Farm Payment LFACA Less Favoured Area Compensatory Allowances Scheme SAF 1 Single application form FDS (also known as SAF 2) Field Data Sheet SAF 3 Single application amendment form (for use after application has been submitted) MEA Maximum Eligible Area LPIS Land Parcel Identification System LPIS Correction Form You must complete a LPIS Correction Form to amend the MEA on your FDS GAEC Good Agricultural and Environmental Condition NIEA Northern Ireland Environment Agency RICS Royal Institution of Chartered Surveyors NICMS Northern Ireland Countryside Management Scheme OFS Organic Farming Scheme FB1 New farm business form BC1 Change of business details form OTS On-the-spot controls (inspections) UFU Ulster Farmers’ Union NIAPA Northern Ireland Agricultural Producers’ Association NIACA Northern Ireland Agricultural Consultants’ Association DOE Department of the Environment 69 Annex 5 List of other information guides available List of other information guides available Further information can be found in the following Guides. These are available on the DARD website at www.dardni.gov.uk/grants-and-funding 1. Guide to Land Eligibility (including 2013 Update) 2. Guide to the Single Farm Payment Scheme. 3. Less Favoured Area Compensatory Allowances (LFACA) Scheme 2013 Explanatory Notes. 4. Countryside Management Scheme 2007 – 2013 Information Booklet. (this booklet does not relate to agreements that started before 31 December 2007). 5. Organic Farming Scheme Information Booklet 2007 – 2013. 6. Cross-Compliance Verifiable Standards Summary (revised 1 January 2013) 7. Cross-Compliance Verifiable Standards (Full Version). These are available on the DARD website at: www.dardni.gov.uk/Cross-Compliance 8. Transfer of Single Farm Payment Entitlements Guidance Booklet 70 ISBN 978 1 84807 372 2 DMS 12.13..187
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