Area-Based Schemes Application Process Questions & Answers

Transcription

1 Area-Based Schemes Application Process Questions & Answers Version February 2015

2 Area-Based Schemes Application Process 2015 Questions & Answers Version February 2015 Contents Section 1:How to apply to Area-based Schemes in What schemes can I claim on the 2015 Single Application Form? When will I receive my Single Application pack including my Single Application Form (SAF)? Who will receive the SAF packs? If I am not issued a SAF from DARD, can I still apply to area-based schemes in 2015? What will be included in the SAF Pack? Do I have to complete my SAF on paper? What help can I get to complete my SAF? Why should I complete my application online? How do I access the online application service? What will be important to check on my land information? Why should I use emaps to help me make an accurate claim? What are the time limits for submitting the SAF or online application? What are the time limits for submitting supporting evidence required for my Area-Based Scheme claim? Can I change my Single Application Form once I have submitted it to DARD? I will be setting up a new farm business, what do I need to do? What events are available to support claimants in 2015? Page 1 of 39

3 Section 2: The Basic Payment Scheme What are the eligibility criteria for Basic Payment Scheme? What is an Active Farmer? What is an entitlement? What happened to my SFP Entitlements? How do I apply for Basic Payment Scheme entitlements? Do I have to establish entitlements on all the land I farm? What criteria do I need to meet to establish new Basic Payment Scheme entitlements? I lease or let my land out in conacre; can I still claim entitlements on the land? I was farming in 2013 and have never previously held SFP entitlements; can I apply for Basic Payment Scheme entitlements? What criteria would I have to meet to be allocated entitlements from the Regional Reserve? Who can apply for entitlements under Force Majeure/Exceptional Circumstances? How do I apply for the Regional Reserve? What is the Private Contract Clause (PCC)? What is eligible land? I have land which crosses a border, what do I need to do? Section 3: Greening What does greening mean? What action do I need to take to check if I have greening requirements? What is meant by a greening exemption? How can I find out the provisional classification for the fields I am claiming in 2015? Can I change what a field s eligible use history is? What tools are available to help me determine my greening requirements? What is the definition of arable land? What is the definition of permanent grassland? What are the greening requirements for permanent grassland? What is Crop Diversification? What is the definition of a crop? What is an Ecological Focus Area (EFA)? Page 2 of 39

4 44. What does at the disposal of the farmer mean? What farms will have an ecological focus area (EFA) requirement? What features can be used to meet ecological focus areas (EFAs)? How do I notify DARD of my EFA features? Section 4: The Young Farmers Payment What are the eligibility criteria for the Young Farmers Payment? How do I apply for the Young Farmers Payment? What agricultural qualification do I need to have to qualify? What is the definition of a young farmer? What evidence do I need to support my application for Young Farmers Payment? Section 5:Pillar 2 Schemes (Rural Development Programme) What will happen to the Less Favoured Area Compensatory Allowances (LFACA) payment? Who will be eligible for the Transitional Payment to Disadvantaged Area Scheme? What will the eligibility conditions for Areas of Natural Constraint (ANC) be? Will dual use claims be permitted? Can I still apply for Forestry Grant Scheme? Can I still apply for NI Countryside Management Scheme (NICMS)? Is the Countryside Management Scheme the same as greening? Section 6: Cross-Compliance What is the purpose of Cross-Compliance? Have the Cross-Compliance Standards changed in 2015? Will I still have to adhere to Cross-Compliance in 2015? Which schemes does Cross-Compliance apply to? What do I do if I am not certain of the Cross-Compliance requirements? Who will be held responsible for a Cross-Compliance breach? Section 7: Further Information Where can I access further information on Area-Based Schemes for 2015?.. 39 Page 3 of 39

5 Section 1: How to apply to Area-based Schemes in What schemes can I claim on the 2015 Single Application Form? You can apply for the following area-based schemes on the Single Application Form: Basic Payment Scheme and Greening payment Young Farmers Payment Areas of Natural Constraint Scheme NI Countryside Management Scheme Organic Farming Scheme Farm Woodland Premium Scheme and; Farm Woodland Scheme. 2. When will I receive my Single Application pack including my Single Application Form (SAF)? Your Single Application pack and SAF will be issued late March You will be able to access your online application from 18 March Who will receive the SAF packs? Pre-populated SAF packs will be sent to those who submitted Single Applications in 2014 and who are considered, by us, to be active farmers or who have replied to the active farmer letter issued in September Applicants who previously claimed for Northern Ireland Countryside Management Scheme, Organic Farming Scheme, Less Favoured Area Compensatory Allowances Scheme and Forestry Schemes may also receive a SAF. 4. If I am not issued a SAF from DARD, can I still apply to area-based schemes in 2015? Yes, if you believe you are eligible for any of the area-based schemes on the 2015 SAF you can submit an application. There are two methods of applying, you can Page 4 of 39

6 submit your application via our online application service or you can request a paper SAF. For both methods of applying you will have to fill in a blank application. You may find it easier to complete your application online as it offers a number of advantages. For example, as you enter field numbers it will pre-populate information about those fields automatically. You will only have to enter the crop usage code and area claimed per field. It will also indicate if you have a greening requirement and it will calculate and display that requirement. See Question 8 for more information on the advantages of using the online application. To find out how to go online, call us on , text EASY to or go to You can request a blank SAF by calling the Grants and Funding Helpline on: What will be included in the SAF Pack? Your SAF Pack will include: Covering letter SAF 1 SAF 2 (Field Data Sheet) SAF 3 (Field Data Amendment Form) Booklet Notes on how to complete your Single Application Form Booklet Guide to Area-Based Schemes 2015 Other DARD promotional material 6. Do I have to complete my SAF on paper? No, although you may be issued with a paper SAF you may prefer to apply online. See Question 8 for more information on the advantages of applying online. Page 5 of 39

7 7. What help can I get to complete my SAF? You should use the Notes to help you fill in your Single Application Form, which accompanies your SAF. This will help you complete your application accurately and tell you where to get more detailed information if required. You are also being provided with the Guide to Area-based Schemes which will provide you with information about the rules and eligibility criteria of the various areabased schemes. As you are claiming for some of these schemes for the first time in 2015, it is important that you read this information and understand the eligibility requirements of the schemes. Further information is also available on the DARD website: This year, 2015, is a particularly important year as entitlements are being allocated under the Basic Payment Scheme. Mistakes made in 2015 could affect the payment you receive under the Basic Payment Scheme, Greening Payment and Young Farmers Payment in 2015 and future years as well. You are therefore strongly advised to gather your information and supporting evidence early to ensure you meet the deadline for submission of your application. 8. Why should I complete my application online? Completing your application form online is safe and secure. As well as this, the online service offers a number of advantages over the paper form: It s fast and easy to use It provides the most up to date field information It will automatically determine if you have a Greening requirement to meet as part of your application to the Basic Payment Scheme. It features on-screen alerts if you don t answer a question or claim more than we think you should. These simple mistakes can delay payment and result in financial penalties. You avoid having to queue at any DARD office to submit your claim Page 6 of 39

8 It issues you with an instant receipt of your application and a summary of your claim(s). It allows you to track the progress of your application and so avoid having to phone us or call at one of our offices for updates. 9. How do I access the online application service? If you are new to DARD online services you can call us on or text EASY to or go to At the first screen presented, click LOGIN. Next click on I need a Government Gateway account. Follow the directions to register for a Government Gateway account. Once registered, you will be given instructions on how to access our online services, including the Single Application online service. If you are already registered with DARD online services go to At the first screen presented, click LOGIN. At the next screen, enter your Government Gateway User ID and password and then click Log in. From the list of Services, select SAF online to start your application. If you need help, at any stage of the process, please phone us on What will be important to check on my land information? You must make sure that: You declare all the land you are farming on your SAF2 Field Data Sheet. Land which you own but are not farming because it is leased out or let in conacre to another farmer should not normally be declared on your application. Rather it should be declared on the application of the person who is actually farming it. The main exception relates to Agri-Environment schemes where dual claims are still possible under certain circumstances. Page 7 of 39

9 You only claim for eligible land at columns G and H. You latest farm map that we sent you will help do this as it will tell you the maximum eligible area for each of your fields. Do not assume that the maximum eligible area is correct as things may have changed on the ground since DARD s assessment. Based on the eligibility rules, you must make further deductions to your maximum eligible area or areas pre-printed on your 2015 Single Application if you consider other areas in your fields do not meet the eligibility criteria. You should check any areas that have been pre-printed on your SAF 2 Field Data Sheet. You can claim less than the maximum eligible area for a field if there are ineligible areas or you are unsure if the entire field is eligible. You should not claim for more than the maximum eligible area unless you provide an explanation on the LPIS Correction Form and tell us about the change by 15 May If you do not tell us about the change by 15 May 2015, there could be delays validating your 2015 Single Application and making any payments due. If we find more eligible area than you have actually claimed on, reductions or penalties may apply if entire fields containing eligible area have not been declared, or the greening requirements have not been met when the entire eligible area is taken into account. Further information on eligible land can be found in the Guide to Land Eligibility 2015 booklet which will be available from mid February 2015 at: You are advised to read this Guide carefully to make sure that the land you are claiming on is eligible. 11. Why should I use emaps to help me make an accurate claim? emap allows you to view the most up-to-date mapping information held by DARD. You can view field details such as the Maximum Eligible Area (MEA) for any field and can measure lengths and areas, which should assist in ensuring that your claim Page 8 of 39

10 is as accurate as possible. In addition if you wish to amend details of fields such as a boundary position or wish to amend existing or create ineligible features in fields this can also be requested through emap. You can access emap on the DARD Online Services website at: What are the time limits for submitting the SAF or online application? We must receive your completed Single Application Form and any supporting documentation by 15 May Applications received after 15 May 2015 but on or before 9 June 2015 will be accepted but subject to a late claim penalty. Applications received after 9 June 2015 will not be accepted. Be aware that, for 2015, there will be an extra 3% late claim penalty for Basic Payment Scheme on top of the 1% penalty usually applied for late claims. So, we will reduce your payment by 4% for each working day the application is late (except in cases of force majeure or exceptional circumstances). 13. What are the time limits for submitting supporting evidence required for my Area-Based Scheme claim? If you need to submit evidence to support your claim for the Basic Payment Scheme, the Young Farmers Payment or the Regional Reserve, you must also do this by 15 May Evidence received after 15 May 2015 but on or before 9 June will be accepted but may be subject to a late claim penalty. Evidence received after 9 June 2015 will not be accepted. Page 9 of 39

11 14. Can I change my Single Application Form once I have submitted it to DARD? Yes. If, after you have sent us your completed Single Application, you need to make changes, you should complete and return Form SAF3 to tell us about these. You can use the SAF3 Form to increase or reduce the area you have claimed or to withdraw your application. You can amend your application to increase the area you have claimed up until 31 May without penalty. As 31 May is a Sunday, we will accept amendments to increase the area you have claimed on Monday 1 June. If we receive an application to increase the area you have claimed or the value of your claim after 1 June but on or before 9 June, we will reduce your payment, except in cases of force majeure or exceptional circumstances. We will not accept any amendments to your application after 9 June 2015, except in cases of force majeure/exceptional circumstances. You can also correct your application form at any time by removing or reducing areas you have claimed. You should use a SAF 3 to do this. However, if we have already told you about a problem (irregularity) with your application or we have given notice that an on-the-spot-check will be carried out and this check then reveals an irregularity, you will not be able to correct that part of the application affected by the irregularity. 15. I will be setting up a new farm business, what do I need to do? If you are setting up a new farm business, you need to be registered with DARD before your Single Application Form can be processed. To register, you must complete and submit form FB1 in the first instance to allow us to establish whether your business meets the necessary conditions. You can download this form from our website: or get one from your local DARD Direct office. As this registration process can take time, you are strongly advised to apply as early as possible. Page 10 of 39

12 16. What events are available to support claimants in 2015? DARD will be hosting a series of public roadshows during March This will provide you with an opportunity to learn more about the 2015 area-based scheme rules and application process and highlight important information that you need to know to ensure that you make an accurate claim. Dates of the roadshows are listed below and further information on venues will follow shortly: Area DATE Co. Derry/ Londonderry 10 March 2015 Co. Down 12 March 2015 Co. Tyrone 19 March 2015 Co. Fermanagh 24 March 2015 Co. Antrim 26 March 2015 Co. Armagh 31 March 2015 Co. Tyrone 2 April 2015 Further information on CAP reform and the area-based schemes for 2015 is available on the DARD website on: Page 11 of 39

13 Section 2: The Basic Payment Scheme 17. What are the eligibility criteria for Basic Payment Scheme? Many aspects of the Basic Payment Scheme will be similar to that of the Single Farm Payment Scheme. To be eligible for the Basic Payment Scheme you must: be an active farmer have at least 3 hectares of eligible land at your disposal on 15 May 2015 be eligible to establish at least 3 entitlements. 18. What is an Active Farmer? To be allocated payment entitlements under the Basic Payment Scheme, you must be able to demonstrate that you enjoy the decision making power, benefits and financial risks in relation to the agricultural activity on each parcel of land for which such allocation of entitlements is requested. This assessment is based on all agricultural activity carried out on the land throughout You must fulfill all three elements decision making power, benefits and financial risks must be fulfilled by the applicant. This means that in 2015, unless there are exceptional circumstances, landowners renting out land in conacre will not be able to establish entitlements on that land. The principle being that the farmer who is actively farming the land will be the one claiming direct payments on the land. The Department will carefully assess each application received to consider whether the active farmer requirements have been met. The assessment of whether an applicant meets the active farmer requirements will be based on individual circumstances. No decisions will be taken in advance of applications being submitted and no blanket exclusions will apply. Where there is any doubt as to whether the active farmer requirements have been met, further evidence will be requested. The outcome in each case will depend on Page 12 of 39

14 the evidence submitted which demonstrates what is happening in practice and the onus will be on you as the applicant to prove you are eligible to be allocated BPS entitlements. Click on the link below to view more frequently asked questions about the active farmer requirement: What is an entitlement? As with SFP, entitlements form the basis of the Basic Payment Scheme and access to the Basic Payment Scheme will depend on the number of payment entitlements that a farm business holds. Each entitlement will have a value and you will be able to receive a payment equal to that value when you claim one hectare of eligible land. You must submit a SAF to establish new payment entitlements in 2015 under the Basic Payment Scheme. Once you have been allocated entitlements in 2015, you will have to use these to activate payment for Basic Payment Scheme and greening and if appropriate, Young Farmers payment in future years. It is therefore very important that you apply to be allocated entitlements in See Question 12 for information on how you can apply for Basic Payment Scheme entitlements. 20. What happened to my SFP Entitlements? If you held SFP entitlements in 2014 they were cancelled at the end of December Therefore, if you want to claim Basic Payment Scheme, you must apply to establish entitlements for the Basic Payment Scheme in Page 13 of 39

15 21. How do I apply for Basic Payment Scheme entitlements? If you wish to establish Basic Payment Scheme entitlements, you must apply to establish them on the 2015 Single Application Form. The number of entitlements that you will be allocated will be equal to the number of eligible hectares you declare in In some circumstances you may also need to submit additional application forms. Please see Question 23 below. 22. Do I have to establish entitlements on all the land I farm? Yes. For the Basic Payment Scheme, you should establish entitlements and claim all the eligible land you are farming in 2015 and which you are sure is eligible. You should not establish entitlements or claim on land where there is doubt about its eligibility. For the purposes of the Basic Payment Scheme and related payments, eligible land is defined as any agricultural area of the holding that is used for an agricultural activity. Land which you own but are not farming because it is leased out or let in conacre to another farmer should not normally be declared on your application. Rather it should be declared on the application of the person who is actually farming it. It is important to know that entitlements are attached to the person/business and not the piece of land. This means that the land you have used to establish Basic Payment Scheme entitlements in 2015 may be different to the land that you activate your entitlements against in future years. Page 14 of 39

16 23. What criteria do I need to meet to establish new Basic Payment Scheme entitlements? To establish new entitlements in 2015 you must meet the following criteria: you were in receipt of SFP in 2013 scheme year (prior to the application of penalties) enabling you to activate at least 100 of payment entitlements you are an active farmer you have at least 3 hectares of eligible land at your disposal on 15 May 2015 (this land must also be eligible throughout the calendar year) If you do not meet thefirst of these criteria there are alternative ways to establish entitlements. This may be: through the regional reserve (as a new entrant or young farmer or under force majeure/exceptional circumstance) you will need to submit an additional application form; or through the private contract clause you will need to submit an additional application form; or if you never held SFP entitlements and can provide verifiable evidence of production activity that you were undertaking on 15 May 2013 you should complete Question 2 on the Single Application Form 24. I lease or let my land out in conacre; can I still claim entitlements on the land? The person who is leasing the land or taking the land in conacre is farming the land and will be the one eligible to establish and claim payments on this land in unless there are exceptional circumstances that enable you to demonstrate that you enjoy the decision making power, benefits and fininancial risks in relation to the agricultural activity carried out on this land. This will be difficult to demonstrate as normally when land is let out in conacre, the landowner receives a rent in return for the farmer obtaining the benefits of the agricultural activity which they (the farmer) carry out. Page 15 of 39

17 25. I was farming in 2013 and have never previously held SFP entitlements; can I apply for Basic Payment Scheme entitlements? Yes. If you have never held SFP entitlements in England, Scotland, Wales or Northern Ireland and are not eligible for the Regional Reserve, but were farming on 15 May 2013, you may be able to establish Basic Payment Scheme entitlements if you can provide verifiable evidence of the production activity that you were undertaking on 15 May To apply to establish entitlements in this way you should answer yes at question 2 on the 2015 SAF. You should indicate whether you had a beef, dairy or sheep enterprise on 15 May DARD will cross check this information against its records to ensure that you had animals in your herd or flock on 15 May If you did not have a herd or flock you will need to provide documentary evidence which could include: seed receipts, sales receipts, evidence of belonging to a quality assurance scheme, agronomist reports or other relevant documentation. 26. What criteria would I have to meet to be allocated entitlements from the Regional Reserve? Entitlements can be allocated to the following groups under the Regional Reserve. Young Farmers - must have a level II qualification in agriculture - be no more than 40 years of age in the year in which they first apply to the Basic Payment Scheme - be setting up for the first time, an agricultural holding as head of the business or have already done so in the preceding five years, i.e. on or after 1 January New entrants - must have a level II qualification in agriculture - have commenced their agricultural activity in the 2013 calendar year, or any later year Page 16 of 39

18 - have submitted an application to BSP and Regional Reserve not later than two years after the calendar year in which they commenced their agricultural activity - not have had agricultural activity in their own name and at their own risk or did not have control of the business exercising an agricultural activity in the five calendar years preceding the start of their agricultural activity. Force Majeure - See Question 27 for more information regarding Force Majeure/exceptional circumstances. 27. Who can apply for entitlements under Force Majeure/Exceptional Circumstances? If you were prevented from being allocated payment entitlements as a result of force majeure or exceptional circumstances you may be given an allocation of payment entitlements, or have the value of existing payment entitlements increased to the regional average, from the Regional Reserve. 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. 28. How do I apply for the Regional Reserve? You must complete and sign the Regional Reserve application form (RR 2) and take it to your local DARD Direct office along with your identity evidence and any other supporting evidence that s required to support your application. You must provide the appropriate supporting evidence, required under the category you are applying for. Also, it is important that you complete all relevant sections of the form (RR 2), as an incomplete form will delay processing or may invalidate your Page 17 of 39

19 application. The RR 2 form is supplementary to your Single Application Form (SAF) and therefore those applying to the Regional Reserve as young farmers or new entrants must also complete and return a SAF as well. Completed application forms and supporting evidence should be received by DARD by 15 May What is the Private Contract Clause (PCC)? You could acquire the right to an initial allocation of entitlements via a PCC. A PCC of this type would allocate the right to establish Basic Payment Scheme entitlements to you from another farmer who has leased or sold his land to you. An additional application form will need to be completed if you wish to establish entitlements this way. There is also a second type of PCC which can be used by those who have bought land and wish to take the value of the SFP entitlements/pot as well. Again, a separate application form will need to be completed. More detailed guidance and application forms are available on the DARD website or from your local DARD Direct office. 30. What is eligible land? Eligible land under the Basic Payment Scheme is similar to that of Single Farm Payment (SFP) Scheme and includes any land that is used for permanent grassland, arable crops or permanentland. This land must be at your disposal on 15 May 2015 and must also be eligible throughout the calendar year. Detailed information on land issues can be found in the booklet Guide to Land Eligibility 2015 which will be available on the DARD website from late February Page 18 of 39

20 31. I have land which crosses a border, what do I need to do? A cross-border holding is where you have land in more than one region of the United Kingdom, which is managed as a single farm business. This will affect the way you claim Basic Payment Scheme, because the schemes in Scotland, Wales and England are managed differently from Northern Ireland. To make a cross border claim, you need to complete a Basic Payment Scheme application for each country where you have land, then send it to the paying agency for that land. If our records show that you are an existing cross-border holding, you will receive specific guidance which will explain how Basic Payment Scheme will be managed. If you have not received this booklet, you should refer to the guidance booklet for cross border holdings which will be published on the DARD website. Page 19 of 39

21 Section 3: Greening 32. What does greening mean? It is mandatory for applicants to the Basic Payment Scheme to comply with greening arrangements. In return for this, you will receive a Greening Payment calculated as a percentage of the value of the Basic Payment Scheme payment entitlements activated by you each year. The greening requirements cover: Permanent Grassland; Crop Diversification; and Ecological Focus Areas (EFAs). Further information on each of these is available on the DARD website at: What action do I need to take to check if I have greening requirements? To check if you do have greening requirements you should take the following steps: Identify your Field Classifications (arable, permanent grassland, permanent grassland sensitive, permanent crops) on all eligible land that you are farming in 2015; Check if any of the greening exemptions apply to you; and Identify the greening measures you need to comply with. 34. What is meant by a greening exemption? There are a number of exemptions which will mean that certain applicants, depending upon their land use, will not have to undertake greening requirements but Page 20 of 39

22 will still receive the Greening Payment. Further details on the exemptions and requirements associated with the three greening elements are available on the DARD website at The main exemption that applies to the majority of farmers in Northern Ireland is as follows: You have no environmentally sensitive permanent grassland and You have no arable land or the arable land you have is less than 10 hectares Please note that the definition of arable land includes more land than that used to grow arable crops in You need to check this very carefully according to the definition at question 38 below. If you do not fall into the above category you may still be exempt if you meet the following criteria: Crop Diversification exemptions Farms will be exempt from the crop diversification requirements if they meet the following requirements: They have less than 10 hectares of arable land; or More than 75% of the total arable area is used for the production of grasses or other herbaceous forage, is land lying fallow, or a combination of these uses, providing the remaining arable area not covered by these uses does not exceed 30 hectares; or More than 75% of the total eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage, or a combination of these uses, providing the remaining arable area not covered by these uses does not exceed 30 hectares; or Where more than 50% of the areas of arable land declared in the Single Application Form were not declared by the farmer in his/her Single Application Form for the previous year and where all arable land is being cultivated with a different crop compared to that of the previous calendar year. Note: This Page 21 of 39

23 exemption is mainly of interest to specialist potato, and in some cases, vegetable growers. EFA exemptions Farms will be exempt from the ecological focus area requirements if they meet the following requirements: They have no more than 15 hectares of arable land; or More than 75% of the total arable area is used for the production of grasses or other herbaceous forage, is land lying fallow, is used for the cultivation of leguminous, or a combination of these uses, providing that the remaining arable area not covered by these uses does not exceed 30 hectares; or More than 75% of the total eligible agricultural area is permanent grassland, used for the production of grasses or other herbaceous forage, or a combination of these uses, providing the remaining arable area not covered by these uses does not exceed 30 hectares. 35. How can I find out the provisional classification for the fields I am claiming in 2015? Individual fields have been provisionally classified by DARD as: permanent grassland (PG), environmentally sensitive permanent grassland (PGS), arable (AR) Permanent crops (PC). The provisional classifications for each of the fields that you declared in 2014 will be pre-populated in the column entitled Field Classification in the Field Data Sheet (SAF2) of your 2015 SAF. A field may have a provisional classification of unclassified (UC). This may be because the field has not been declared on a SAF in the previous five years, the field has had ineligible usages recorded against it or was most recently declared under a forestry usage. Page 22 of 39

24 The pre-populated provisional classification of fields in the 2015 Single Application Form are based on the land use codes declared in the Eligible Use column of the SAF Field Data Sheet (SAF 2) in the years inclusive. The final 2015 classification of fields will depend on the land use codes you declare in your 2015 Single Application Form Field Data Sheet (SAF2).. For example, if a field was declared as FR1 (Grass) in , the provisional classification will be Permanent Grassland. However, if in 2015, the field use was declared as an arable use, the classification of the field in 2015 would be amended to arable. Fields classified as arable now will not change in 2015 unless they are declared in 2015 as a permanent crop (e.g. apples) i.e. a field classified as arable and used as grass in 2015 will remain classified as arable in DARD has provided an online tool: Field Classification Identifier which you can use to check the provisional classification on your fields in It can be accessed through the On-Line Services link on the DARD website: Alternatively, your local DARD Direct Office can advise you of the provisional field classification. 36. Can I change what a field s eligible use history is? This is information that has been provided by applicants on their SAFs who have declared that the information is true, accurate and complete. It can only be looked at if you can demonstrate what you declared on your SAF in previous years is different to what DARD holds on its system. 37. What tools are available to help me determine my greening requirements? DARD has introduced a suite of on-line tools to assist farmers preparing for the introduction of the new area-based schemes in The tools, which are available on DARD Online Services, include a Field Classification Identifier; a Greening Calculator and a Basic Payment Scheme and Greening Payment Calculator. Page 23 of 39

25 The Field Classification Identifier provides a provisional classification of each field in Northern Ireland, based on the field usages declared on the Single Application Form for the years inclusive. Provisional classification of fields as arable, permanent grassland, environmentally sensitive permanent grassland or permanent crops will help farmers to determine whether or not they have to undertake specific actions on their holding to meet greening requirements. Where a farmer identifies a need to undertake specific actions, the Greening Calculator tool will be of assistance in helping him/her to plan for how their requirements might best be met. The Basic Payment Scheme and Greening Payment Calculator will enable farmers to enter the value of their 2014 entitlements in order to determine the estimated value of their 2015 Basic Payment Scheme and Greening Payment. Each of the tools should be used for estimation purposes only and are not a guarantee of future payments. 38. What is the definition of arable land? An arable crop use will be the use of land to grow crops other than grass, and permanent crops such as orchards, short rotational coppice, ornamentals and nurseries, and multi-annual crops. Forage crops such as maize, fodder beet, fodder rape, stubble turnips or any cereal crop used for forage are also regarded as an arable crop use. Sainfoin, clover, lucerne and forage vetches are regarded in the same way as grass and therefore are not deemed to be an arable use. If your land will be used to grow an arable crop in 2015 or has been used to grow an arable crop in any of the years , then it will be classified as arable in Land used to grow grass in 2015 but which has been used to grow an arable crop in any of the years , i.e. temporary grassland, will also be classified as arable in Page 24 of 39

26 Areas available for crop production but lying fallow, including areas set aside under EU schemes, in any of the years will also be classified as arable land. Fallow land in grass for six consecutive years will be classified as permanent grassland if it is not used as an ecological focus area. 39. What is the definition of permanent grassland? Permanent grassland is land used to grow grasses or other herbaceous forage (this can be self-seeded or sown) and that has not been used for an arable crop in the previous five years or more. In effect, this relates to six years and the previous 5 years ( ). Therefore, if for example, you declared the land use of your fields on your Single Application Form (SAF) as FR1 in six consecutive years, it will be classified as permanent grassland in the year of the sixth application. If permanent grassland is ploughed and re-seeded immediately with grass or other herbaceous forage, it will still be classified as permanent grassland. However, it is not permissible to plough and/or convert permanent grassland situated in areas designated as environmental sensitive. Other herbaceous forage consists of the following crops and no others; clover, lucerne, sainfoin and forage vetches. Grazed heather which meets the eligibility rules will also be classified as permanent grassland. As around 90% of Northern Ireland is in permanent grassland most farmers will meet their greening requirements without having to take additional actions. 40. What are the greening requirements for permanent grassland? There are two components to the permanent grassland element of the greening payment. The first relates to the retention of permanent grassland and the second to environmentally sensitive permanent grassland. Page 25 of 39

27 Retention of permanent grassland Permanent grassland is land which has not been part of an arable rotation at any point in the previous five years. A reference ratio of the amount of permanent grassland relative to the total agricultural area will be established in 2015 at regional level. If this ratio decreases by more than 5% then DARD will have to introduce measures requiring individual farmers to re-convert land back to permanent grassland. Therefore, you will have no action to take in relation to land classified as permanent grassland with the exception of that classified as environmentally sensitive (see below) unless you are notified otherwise by DARD. Environmentally sensitive permanent grassland Member States will also be required to designate permanent grassland in areas, including peat and wetlands, covered by the Birds Directive and/or Habitats Directive which is environmentally sensitive and which needs protection to meet the requirements of these Directives. From 1 January it will not be permissible to plough or convert permanent grassland in areas designated as environmentally sensitive. 41. What is Crop Diversification? Crop diversification aims to promote a greater diversity of crops on holdings with 10 or more hectares of arable land. Crop diversification requirements are applicable to arable land; they are not applicable to permanent grassland or permanent crops. If you have between 10 ha and 30 ha (inclusive) of arable land, you must grow at least two different crops on that arable land. The main crop shall not cover more than 75% of that arable land. If you have more than 30 hectares of arable land, you must grow at least three different crops on that arable land. The main crop shall not cover more than 75% of that arable land and the two main crops together shall not cover more than 95% of that arable land. Further details on the exemptions and requirements associated with crop diversification are available on the DARD website at: Page 26 of 39

28 42. What is the definition of a crop? For the purposes of crop diversification, a crop is defined in the EU Regulations as any of the following:- (a) a culture of any of the different genera defined in the botanical classification of crops; (b) a culture of any of the species in the case of Brassicaceae, Solanaceae and Cucurbitaceae; (c) land lying fallow; (d) grass or other herbaceous forage (clovers, lucerne, sainfoin and forage vetches) on arable land (temporary grass). A list of eligible crops can be found on the DARD website: What is an Ecological Focus Area (EFA)? The aim of ecological focus areas is to safeguard and improve biodiversity on farms and to provide habitats for species in decline or at risk of extinction. This can be achieved by having certain landscape features at the disposal of the farmer. 44. What does at the disposal of the farmer mean? To be counted as an ecological focus area, the area or feature must be at the farmer s disposal. The area of the feature at the disposal of the farmer depends on whether it is in the field or on the field boundary. If the area or feature is in the field declared by the farmer, then the entire feature would be at that farmer s disposal. However, if the area or feature is on the field boundary of a field the position is less clear. Further details are available on pages 9 Page 27 of 39

29 11 of the CAP Reform Policy Clarification document on the DARD website and will also be included in the Greening Guidance document. It is expected that a landscape feature will be considered to be at a farmer s disposal if it is: Not on land declared by another farmer Not on non-declared (agricultural) land Not on public land (except where the farmer is responsible for maintaining the public land) 45. What farms will have an ecological focus area (EFA) requirement? EFA applies to farms with more than 15ha of arable land. Farms where more than 75% of their agricultural land is permanent grassland OR where more than 75% of their arable land is grassland are exempt providing the remaining arable land does not exceed 30ha. On farms which are not exempt 5% of arable land must be used as an EFA from 2015 (this may rise to 7% in 2017). 46. What features can be used to meet ecological focus areas (EFAs)? The following features and areas can be used to meet EFA requirements: land lying fallow; landscape features required to be retained under cross compliance (hedges, ditches, stone walls, earth banks, and archaeological features); areas of agroforestry; areas of short rotation coppice with no use of mineral fertilizer and no use of plant protection products beyond the end of the second growing season post planting; afforested areas which were used to claim SFP in 2008; and areas with nitrogen fixing crops. All of these features must be on or adjacent to arable land with the exception of short rotational coppice and afforested areas. Page 28 of 39

30 47. How do I notify DARD of my EFA features? You will need to notify the features you are using to fulfil your EFA requirement to DARD on a SAF4 form. DARD must receive your completed SAF4 form within the same time limit as your Single Application whether electronically or in hard copy. If you complete your Single Application online, the online application process will identify if you have an EFA requirement and will prompt you to complete the electronic version of the SAF4 and this to the Department. If you complete your Single Application Form on paper, you can download an electronic SAF4 from the DARD website. This electronic version has a built-in calculation facility which will work out the area counting towards your EFA requirement, based on the feature type and measurements that you key in. You can then either your completed SAF4 to DARD or print it out and send us the hard copy with your Single Application Form. This SAF4 form will also be available on the DARD website to print or you can request a copy from your local DARD Direct Office. If you complete your SAF4 by hand you can either hand deliver or post to DARD. You will also have to mark your EFA features on a map and submit this to DARD. Further details of how to do this will by contained in the Greening guidance. Page 29 of 39

31 Section 4: The Young Farmers Payment 48. What are the eligibility criteria for the Young Farmers Payment? The Young Farmers Payment is an annual top-up payment to the Basic Payment (for a maximum of 5 years) for those who meet the eligibility criteria listed below: You must hold at least a Level II qualification in agriculture (or a related subject containing a farm business management module) You must be no more than 40 years of age in the year in which you first apply to the Basic Payment Scheme, and You are setting up, for the first time, an agricultural holding as head of the holding, or have already done so during the five years preceding the first application to the Basic Payment Scheme. You must have established and activated payment entitlements under the Basic Payment Scheme. 49. How do I apply for the Young Farmers Payment? You must apply for the Young Farmers Payment on the Single Application Form. You will also have to complete a registration form which will be available to download from the DARD website. You should submit your Young Farmers Payment Registration form and the required supporting evidence in person at your local DARD Direct office between mid March and 15 May The closing date for applications is 15 May Applications received after 15 May 2015 but on or before 9 June 2015 will be accepted but may be subject to a late claim penalty. Applications received after 9 June 2015 will be rejected. As the supporting evidence is an integral part of the application, the application will not be considered as being received until all the documentation has been received. The Department may subsequently seek further clarification on the evidence which has been provided within the deadline. However, if you provide no evidence on the Head of Holding requirement and/or no evidence of your age and/or no evidence of Page 30 of 39

32 your educational qualification, then your application will be rejected except in cases of force majeure or exceptional circumstances. You are therefore strongly advised to gather the necessary supporting evidence as soon as possible. 50. What agricultural qualification do I need to have to qualify? You must hold at least a Level II qualification in agriculture (or a related subject containing a farm business management module). A list of approved Level II qualifications can be found at: What is the definition of a young farmer? Young farmers are defined as those who are setting up for the first time an agricultural holding as head of the holding or who have already done so during the five years preceding the first submission of an application under the Basic Payment Scheme and who are no more than 40 years of age in the year of submission of their first application for the Basic Payment Scheme. If you make your application for the Basic Payment Scheme in May 2015 and you turn 41 at any time during 2015 then you will not be eligible to be considered as a young farmer. If you are applying in 2015, you will need to be born on or after 1 January Page 31 of 39

33 52. What evidence do I need to support my application for Young Farmers Payment? A Young Farmers Payment Guidance booklet is available on the DARD website. It will provide detailed information on the eligibility criteria and the evidence that applicants will need to submit to support their application. Key items of evidence include photographic identification, birth certificate, a statement from your accountant, most recent business accounts and corresponding tax return and a certificate showing your qualification. For a complete list, you should refer to the Guidance booklet at: Page 32 of 39

34 Section 5: Pillar 2 Schemes (Rural Development Programme) 53. What will happen to the Less Favoured Area Compensatory Allowances (LFACA) payment? In January 2014 the Minister announced that the LFACA Scheme would continue for a further year with final payment due to be made in early Thereafter LFACA will be replaced by Areas of Natural Constraint (ANC) which is subject to European Commission approval. Severely Disadvantaged Areas (SDAs) will be eligible for support in the new ANC Scheme. Disadvantaged Areas (DAs) will not be eligible to claim support from You can apply for ANC using the Single Application Form or online application process. 54. Who will be eligible for the Transitional Payment to Disadvantaged Area Scheme? A Business which claimed eligible DA land (i.e. entitled to receive payment for DA land prior to the application of over declaration penalties) under the LFACA scheme in 2014 (paid in 2015). You may have claimed solely DA land or your claim might have been a mixture of SDA and DA land, either way you will be eligible for the transition payment on the DA land you declare. This is a one year transition payment. Application forms will issue from 1 February 2015 to all those who have claimed a payment for Disadvantaged Area land under the 2014/15 LFACA Scheme. Signed application forms must be returned to the Department by no later than 13 March The payment rate will be at a fixed rate of per hectare of eligible land. It is anticipated that payments will begin to issue in June Page 33 of 39

35 55. What will the eligibility conditions for Areas of Natural Constraint (ANC) be? The eligibility conditions for the ANC Scheme will be similar to the LFACA scheme requirements. It is open to active farmers with eligible land in the Severely Disadvantaged Area (SDA) including Common Land situated in SDAs. Eligible stock, subject to EU Commission approval, will be: A herd of suckler cows that form part of a breeding herd for the rearing of calves for meat; A flock of sheep comprising eligible ewes; A breeding herd of female farmed deer; or A herd of female goats (any species) for milk or fibre production. The stocking density requirements will remain at 0.2 LU/Hectare of eligible animals. The 40% heifer rule will continue to apply for the purposes of meeting stocking density. Stocking density requirements may be modified where an agri- environment stocking density agreement exists. In terms of eligible forage land, it must be identified as SDA land, have been available for a seven month period from 1 April to 31 October and be eligible forage area as per the Basic Payment Scheme. Revised cross compliance arrangements will also apply. 56. Will dual use claims be permitted? In line with new rules regarding active farmer only person(s) actively farming land will be eligible for support. Therefore, if you are applying for the ANC Scheme you will also be the person activating entitlements for that land. Dual use claims involving the Basic Payment Scheme, Greening, Young Farmers Scheme and Areas of Natural Constraint Scheme will not be permitted. Page 34 of 39

36 Existing agri environment agreements may continue to be claimed by the existing agreement holder in 2015 and until the end of the agreement even if this creates a dual use claim with the Basic Payment Scheme and other Schemes. In such cases, the field parcel will, for the purposes of the calculation of greening requirements, be regarded as on the holding of the farmer claiming the Basic Payment Scheme. Existing agri-environment agreements may be transferred to the farmer claiming the Basic Payment Scheme on the land in question subject to existing scheme rules if the agreement holder wishes to do so. It is not possible to use landscape features to meet an EFA requirement if another person has entered these features into a current agri- environment agreement. This does not apply to features which were in a previous agri-environment agreement which ended on or before 31 December 2014 and which have not been entered into a new agreement. With regard to future agri-environment schemes, dual-use claims may be possible, but could only be permitted in specific, limited circumstances. Both beneficiaries would have to be able to demonstrate that they each meet the requirements of their respective schemes. 57. Can I still apply for Forestry Grant Scheme? All Forestry Grant Schemes are currently closed to new applications and new schemes for the Rural Development Programme are being developed to continue support in line with the forest policy objectives. If you already have afarm Woodland Premium agreement or Farm Woodland Scheme agreement, DARD has pre populated your claim form with the information held about your woodland and you can claim for your annual payment which we expect to pay to you in November/December The Forestry Grant Scheme Information Booklet is available from the DARD website and if you have any questions about Page 35 of 39

37 eligibility criteria you should read the relevant sections or contact Forest Service on for further guidance. 58. Can I still apply for NI Countryside Management Scheme (NICMS)? The Northern Ireland Countryside Management Scheme (NICMS) is now closed for future applications. However, if your business has an existing agreement you must comply with the terms of that agreement until its natural end. You must apply for your annual payment on the SAF and you will also be issued with a second stage claim form. Existing participants of the NICMS must manage their land as defined in the scheme booklet and commitment schedule. NICMS is subject to cross compliance. A new scheme, the Environmental Farming Scheme, is now being developed under the Rural Development Programme. Further detail including the scheme opening date will be provided in due course. 59. Is the Countryside Management Scheme the same as greening? Member States may decide that farmers can satisfy the three greening criteria by adopting equivalent practices. These equivalent practices could include those set out in agri environment programmes or regional environmental certification schemes. If this approach was adopted, double funding would be strictly prohibited, i.e. farmers would not receive both the greening payment and an agri environment scheme payment for adopting these equivalent practices. The equivalence option is not being used in Northern Ireland and therefore the Countryside Management Scheme cannot be used to meet greening requirements. Page 36 of 39

38 Section 6: Cross-Compliance 60. What is the purpose of Cross-Compliance? Cross-Compliance conditions are designed to promote sustainable agricultural practices and reflect a number of environmental and other objectives. They are good farm management practices, and encourage responsible stewardship of the land. All European Union member states have to implement Cross-Compliance. 61. Have the Cross-Compliance Standards changed in 2015? Yes. Further information on the changes in 2015 can be found in the "What's new in 2015?" section of the Cross Compliance Verifiable Standards Summary (2015 version) and Cross Compliance Verifiable Standards (2015 version) documents which can be viewed on the DARD Internet at Will I still have to adhere to Cross-Compliance in 2015? Yes. A range of statutory management requirements and standards on good agricultural and environmental condition of land will apply to claimants. 63. Which schemes does Cross-Compliance apply to? All farmers claiming under the following schemes must meet the Northern Ireland Cross-Compliance conditions: Schemes effective from 2015 Basic Payment Scheme; Greening Payment; Young Farmers Payment; Areas of Natural Constraint; Page 37 of 39

39 Environmental Farming Scheme; Pre 2015 schemes Organic Farming Scheme: NI Countryside Management Scheme; Woodland Grant Scheme (agreements signed after 1/1/2007) Farm Woodland Premium Scheme (agreements signed after 1/1/2007) 64. What do I do if I am not certain of the Cross-Compliance requirements? The guidance notes on Cross-Compliance will be provided on DARD website and will give details of all the requirements of Cross-Compliance. It will also provide contact numbers if you require any further advice. The link below will forward you to the Cross-Compliance requirements: Who will be held responsible for a Cross-Compliance breach? As far as the land related Cross-Compliance requirements are concerned, you, as claimant, are responsible for Cross-Compliance obligations relating to all agricultural land you declare on your SAF application for the entire calendar year. This applies even if you are not in occupation of the land for the entire year. Page 38 of 39

40 Section 7: Further Information 66. Where can I access further information on Area-Based Schemes for 2015? Further information on area-based schemes for 2015 is available on the DARD website on: If you have a specific query you can call the DARD Grants and Funding Helpline number: Or, send an to the following addresses: [email protected] [email protected] Click on the link below to access the full list of regional DARD Direct Offices. Page 39 of 39