Commonage Meetings 2014 Land Eligibility Update 1 Farm Advisory Training 2016 Carrick-on-Shannon, Charleville and Kilkenny

Land Eligibility Booklet Issued in 2015

Land Eligibility - Heather

Land Eligibility - Rush

Estimated Deducted Area EDA % CategoryRangePercentage EDA 10-2%1% 2>2-105% 3> % 4> % 5>50-<7060% % Redline the partially/fully ineligible areas and indicate the % reduction using the table above

Example X01- 60% Reduction – Scrub 0.14 Ha X02- 20% Reduction – Scrub 0.01 Ha X % Reduction- Fenced off & not accessed 0.41 Ha

Redlining Procedure Example Area A - X01 Area = 0.23 Ha Percentage reduction= 60% Eligible Area of A = (0.23 X 60%) = 0.09 Ha Ineligible Area = 0.14 Ha Area B - X02 Area = 0.07 Ha Percentage reduction = 20% Eligible Area of B = 0.07 ha - (0.07 X 20%) = 0.06 Ha Ineligible Area = 0.01 Ha Area C - X03 Area = 0.41 Ha Percentage reduction = 100% Eligible Area of C = ha minus (0.406 X 100%) = 0.0 Ha Ineligible Area = 0.41 Ha Digitised Area = 2.70 Ha A - X01 -60% reduction for scrub B - X02 -20% reduction for scrub C - X % reduction for scrub

Maximum Eligible Area Maximum Eligible Area (MEA) is the payable area replacing the reference area It results from the exclusion of ineligible areas. In grassland it may include the use of pro-rata in the case of scattered rock and scrub

Application of Pro-rata Pro-rata allows for a possible 10% Bonus  Where up to 10% dispersed scrub or rock present then no deduction will apply Applies in respect of parcel area with the 100% exclusion areas deducted Where average deduction on the balance of the parcel is >70% the entire parcel is ineligible If lower the pro-rata table applies

Pro-rata system applied Reduction Coefficients applied under the Pro-Rata System Category% Ineligible within the parcel and/or Redlined Area Reduction Coefficient to be applied 10 up to 100 2>10 up to 3020% 3>30 up to 5040% 4>50 and <7060% 570 up to %

How Pro-rata Works 1.If average % falls into the band, 0 up to 10 then no deduction is applied 2.If it falls into the band >10 up to 30 then the coefficient is 20% (Cat. 2) 3.If it falls into the 70 up to 100 band then it is 100% ineligible (Cat. 5)

How Pro-rata Works 1.Areas 100% ineligible will be removed first. 2.Clusters of scrub/rock will be redlined in remaining area and an appropriate % reduction applied i.e. 5%,… 60% etc. Where resultant figure is 70% or higher then MEA is set to Zero in line with the pro-rata table.

Applying Reduction Coefficient Example Existing Reference area of parcel 2.70ha 1. Deduct X03 (100% ineligible, no eligible land) 0.41ha Adjusted area = 2.29ha 2.Total of X01 & X02 ineligible areas ( )= 0.15ha 3. Reduction percentage of step /2.29 x 100 = 6.55% % is in reduction Coefficient category 1 Reduction = 0% Therefore Maximum Eligible Area (MEA) 2.29 ha

Applying Reduction Coefficient Example (Implications) Existing Reference area of parcel 2.70ha WAS NOW 1. Deduct X03 (60% ineligible now 40% eligible) 0.41ha ha Adjusted area = 2.29ha 2.7 ha 2.Total of X01, X02,X03 ineligible areas ( ) = 0.15ha ( ) = ha 3. Reduction percentage of step /2.29 x 100 = 6.55% 0.396/2.7 x 100 = 14.6% % is in reduction Coefficient category % is in reduction Coefficient category 2 Reduction = 0% 20% Therefore Maximum Eligible Area (MEA) 2.29 ha 2.16 ha

PRO-RATA System Summarising EU guidance provides for this standardised system

Article 32 Predominance Where an agricultural area of a holding is also used for non-agricultural activities, that area shall be considered to be used predominantly for agricultural activities provided that those agricultural activities can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non- agricultural activities;

Predominance Article 32 of 1307/2013 Two activities on an area of land, e.g. Soccer pitch in Winter and grazing in Summer. Passes the predominance test

Predominance Examples  Horse racecourse and sheep grazing  Showgrounds and grazing  Military firing range and sheep grazing Areas eligible for BPS if agricultural activity is carried out on all areas. Areas with no agricultural activity not eligible

Predominance Golf Course on Commonage  Tees, greens and fairways not eligible  Rough managed as part of golf course not eligible

Predominance Solar Panels on land which is also grazed with sheep. Which is predominant test? Irelands Position  Deduct area equivalent to total area of solar panels  If area of parcel under panels is 70% or greater than parcel is deemed totally ineligible

FAS Nov Dec 2012 Eligibility and GAEC Areas Designated

Natura 2000 SPA/SAC/WFD Article 32 of 1377/2013 Areas which no longer comply with the definition of eligible hectare as a result of the implementation of Dir. 92/43, Dir. 2000/60 and Dir 2009/147, will remain eligible provided that;  The area was declared on a 2008 SPS application form  The area was eligible to draw down payment in 2008  The applicant who declared that land was paid under the 2008 SPS The designation relates to grazing land

Natura 2000 SPA/SAC/WFD Implementation of Article 32  Applicant must continue to farm the land in compliance with the designation  If not farmed then total area ineligible  Scrub present in 2008 will continue to be ineligible

Natura 2000 SPA/SAC/WFD Implementation of Article 32  Rock continues to be ineligible  Areas under new scrub since 2008 while ineligible can be payable where it meets the conditions

DAFM will check Maps from 2008 to check for existence of ineligible feature e.g. scrub Example A Parcel in 2008

Example A Current position If the new scrub on the parcel can be deemed to have developed since 2008 as a consequence of the SPA/SAC/WFD designation then it may be payable Extra Scrub as a consequence of the designation limitations

DAFM will check Maps from 2008 to check for existence of ineligible feature e.g. scrub Example B Parcel in 2008

Example B Current position If the new scrub on the parcel can be deemed to have developed since 2008 as a consequence of the SPA/SAC/WFD designation then it may be payable

Example C Parcel in 2008 Image showing presence of scrub in 2008

No increase in scrub since 2008 therefore no benefit from Article 32 Example C Current position

Commonage Meetings 2014 New Yellow Card Proposal 31 Farm Advisory Training 2016 Carrick-on-Shannon, Charleville and Kilkenny

Yellow Card Commissioner Hogan's commitment to Simplify and Ease Burden Many simplifications introduced across a range of CAP areas In the case of Land, for Over Declarations related to:  the basic payment scheme,  the single area payment scheme,  the re-distributive payment,  the young farmers scheme,  the payment for areas with natural constraints,  Natura 2000  Water Framework Directive payments A new Yellow Card is proposed

Yellow Card Notwithstanding the objective to Simplify and Ease the Burden, account must be taken of the principles of:  Dissuasiveness and  Proportionality in order to respect sound financial management of the Common Agriculture Policy. Commission plans therefore to introduce a system (Yellow Card) of reduced penalties for a first offender in respect of small over-declarations

Easing the Burden  Where the area declared exceeds the area determined aid shall be calculated on the basis of the area determined reduced by 1,5 times the difference found where that difference is more than either 3% of the area determined or 2 hectares.  The penalty shall not exceed 100% of the amounts based on the area declared. Yellow card  Where the beneficiary as and from claim year 2016 did not yet receive an administrative penalty for over- declaration of areas for a given aid scheme the administrative penalty will be reduced by 50% if the difference between the area declared and the area determined does not exceed 10 % of the area determined. Yellow Card

Yellow card conditions:  Where the beneficiary in respect of an on the spot inspection benefits from the YC he must be again inspected the following year  If in breach in the following year the normal reduction applies and the 50% YC benefit from the previous year must be recovered Yellow Card

Applicant over declares for BPS in 2015, and again over declares for BPS in Does he gets a yellow card in 2016? Outcome  If over declaration is between 3% (or 2 hectare) and 10% of the determined area applicant gets the yellow card in The yellow card provision starts as and from 2016, so applicant is considered as a first offender.  Any future over declaration for BPS then the normal penalty applies. Yellow Card … some examples

Applicant over declares for BPS in 2015, compliant in 2016 and in In 2018 again over declares again for BPS Outcome  Where the over declaration is between 3% (or 2 hectare) and 10% of the determined area applicant gets the yellow card in As the yellow card provision starts as from 2016, therefore he is considered as a first offender. Afterwards the normal penalty for the BPS applies. Yellow Card … some examples

BPS Compliant in In 2017 BPS over declaration by more than 10% of the area determined Outcome  No yellow card in 2017 as over 10%. For future years he can never get a yellow card (as he will have already received an administrative penalty from the 2016) and normal penalty applies. Yellow Card … some examples

Applicant gets BPS Yellow card in 2016 and BPS compliant in 2017 Outcome  Will never have to pay back the 50% benefit but any future penalty will be at normal rates. Yellow Card … some examples

Applicant gets BPS Yellow Card in 2016 and again over declares in 2017 Outcome  In 2016 the penalty is reduced by 50% under the yellow card but in 2017 this is recovered in retrospect and also gets normal penalty. Normal penalty from 2018 if over declares Yellow Card … some examples

Applicant gets BPS Yellow Card in 2016 and but compliant for YFS Outcome  In 2016 yellow card applies to BPS only and cannot again avail of it for BPS. The option remains for the applicant to avail of the yellow card in future on another scheme such as YFS Yellow Card … some examples

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