Organic Farming Scheme

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Organic Farming Scheme 2007 3 2013 Information Booklet Rural Development Programme 1 Organic Farming Scheme (OFS) The Organic Farming Scheme is an integral part of the Northern Ireland Rural Development Programme 2007 3 2013 (NIRDP). This programme is part- financed by the European Agricultural Fund for Rural Development (EAFRD) with co-funding provided by the Department of Agriculture and Rural Development (DARD). The OFS will play an important role in delivery of Axis 2 of the NIRDP: " improving the environment and the countryside through land management.

In the DARD Strategic Plan, one of the five Goals 3 Goal 4 3 is 8to develop a more sustainable environment 9. Key targets include: " reversing the decline in farmland biodiversity; " enhancing the landscape; and " managing our natural resources to improve the quality of our water, air and soil. OFS will contribute to the priority target in the Northern Ireland (NI) Programme for Government 2008 3 2011 to: " increase to 50% the area of agricultural land in NI covered by environmental enhancement agreements by 2013.

This booklet explains how the OFS works and provides guidance on the requirements of this Scheme. Please read this booklet carefully before you sign your OFS agreement. ... more. less.

When you join the OFS, this Information Booklet will form part of your legal agreement with DARD. Please retain this Information Booklet for the duration of your agreement. Further information and advice can be obtained from the points of contact provided in Appendix 3. Background and Introduction 2 Introduction Protecting and enhancing species diversity and habitats, tackling climate change and improving water quality are key components of sustainability. Organic farming is an environmentally sensitive food production method, working with natural processes to achieve sustainable food production. Organic farming reduces the potential for pollution and other environmental damage. It does not use artificial fertilisers or synthetic pesticides. It emphasises the role of crop rotation in maintaining soil fertility and reducing pest and disease problems. Fertility building crops such as clover, and natural fertilisers such as animal manures, are used. The OFS has been set up to encourage farmers to convert to organic farming to meet the demand for organic food and benefit the environment. Background and Introduction 3 Abbreviations ASSI Area of Special Scientific Interest BACS Bank Automated Clearing System CAFRE College of Agriculture, Food and Rural Enterprise CMB Countryside Management Branch CMS Countryside Management Scheme DARD Department of Agriculture and Rural Development Defra Department of the Environment Food and Rural Affairs DOE Department of Environment EAFRD European Agricultural Fund for Rural Development EC European Community ESA Environmentally Sensitive Area ESAS Environmentally Sensitive Areas Scheme EU European Union FWPS Farm Woodlands Premium Scheme FWS Farm Woodlands Scheme GAEC Good Agricultural and Environmental Condition IACS Integrated Administration and Control System LFACA Less Favoured Area Compensatory Allowance NI Northern Ireland NICMS Northern Ireland Countryside Management Scheme NIEA Northern Ireland Environment Agency NIRDP Northern Ireland Rural Development Programme OFS Organic Farming Scheme SAC Special Area of Conservation SAF Single Application Form SFP Single Farm Payment SMR Statutory Management Requirement SPA Special Protection Area SR Statutory Rules of Northern Ireland UK United Kingdom WGS Woodland Grant Scheme Abbreviations and Definitions 4 Definitions Agriculture includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and agricultural shall be construed accordingly. Agricultural business means a business engaged in agriculture, separately managed from all other businesses. Agricultural land is land where any agricultural activity is carried out. Agri-Environment Schemes are schemes under EC Council Regulation 1257/1999 or 1698/2005 (and some earlier EU regulations) which offer grants for measures to conserve and enhance the countryside. Area of Special Scientific Interest means an area of land declared to be an area of special scientific interest under Part IV of the Nature Conservation and Amenity Lands (NI) Order 1985 or Article 28 of the Environment (NI) Order 2002. Biodiversity is the variety of life on earth. Breach of agreement is a failure to adhere to the conditions of the agreement and/or failure to carry out something on which grant is/was paid. Common land is land where certain management rights are vested in a number of individuals. Compendium of UK Organic Standards is the standard for organic food production that must be complied with in the UK. Conacre is a system of short-term land lettings, nominally for 11 months or 364 days. Conversion plan is a written schedule of agricultural activity designed to achieve the conversion of the land to organic production. Defra Department for Environment, Food and Rural Affairs is the competent authority responsible for organic standards and certification in the UK. It publishes the 8Compendium of UK Organic Standards 9 on behalf of all Rural Affairs Departments in the UK. Defra also approves organic certification bodies to operate in the UK. Force majeure is defined as unusual circumstances outside the farmer 9s control, the consequences of which, in spite of all due care, could not be avoided. Fully organic is an organic parcel of land which has completed the conversion period and is farmed exclusively by organic farming methods. Grant agreement is the form of contract used in the Scheme between a successful applicant and DARD. In Conversion is the status during conversion to fully organic production. Abbreviations and Definitions 5 Natura 2000 site means an area designated as a Special Area of Conservation (SAC) under Council Directive 92/43/EEC or as a Special Protection Area (SPA) under Council Directive 79/409/EEC. Land parcel is an area of land consisting of one or more fields entered into conversion in the same calendar year at the same time which comprises the whole or part of an organic unit and which is identified in a conversion plan approved by an organic certification body. Organic Certification Body or Approved Certification Body is the inspection authority that approves an organic conversion plan; monitors that on-going farming practice is appropriate and provides certification. Organic unit is an area of land which is to be converted to organic farming or that has become fully converted to organic farming and which has been determined by an organic certification body to be an organic unit. Overgrazing is grazing land with livestock in such numbers as to damage the growth, quality or species composition of the vegetation to a significant degree. Owned land is land declared as owned by the farm business on the IACS Single Application Form and shown on the DARD farm business map. Pesticides and herbicides include all herbicides, pesticides, insecticides (including spent sheep dip), fungicides, molluscicides and nematicides. Ramsar site is a wetland designated by the contracting parties of the Ramsar Convention for inclusion in the list of wetlands of international importance because it meets one or more of the Ramsar criteria, particularly related to protection of bird populations. Scheme means the Organic Farming Scheme OFS. Tenant is a person who occupies a holding or part of a holding under a contract of tenancy for a fixed term of years of which at least five years remain unexpired at the date of receipt of an application. Abbreviations and Definitions Contents 6 Section 1 General Introduction on the Scheme 1.1 Aims of this booklet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 1.2 What is the Organic Farming Scheme (OFS)? . . . . . . . . . . . . . . . . . . . .11 1.3 What are the organic farming standards? . . . . . . . . . . . . . . . . . . . . . . .11 1.4 Outline of the Scheme requirements . . . . . . . . . . . . . . . . . . . . . . . . . . .11 1.5 Advice and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Section 2 Information for Applicants 2.1 Can I apply for OFS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.2 What if I do not have a DARD Business Identification Number? . . . . . .13 2.3 Do I have to join the OFS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.4 What land is eligible for OFS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.5 When can I apply? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.6 What if my land is or has previously been fully organic? . . . . . . . . . . . .13 2.7 Am I disqualified from joining OFS? . . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.8 Do I need to have registered land as 8in conversion 9 with an approved organic certification body? . . . . . . . . . . . . . . . . . . . . . . . . . .13 2.9 Could the intake into the Scheme be restricted? . . . . . . . . . . . . . . . . .14 2.10 Will participation in the OFS affect my Single Farm Payment (SFP)? . . .14 2.11 Can I participate in the OFS and agri-environment schemes such as the ESAS, CMS, CMS and the new NI Countryside Management Scheme (NICMS)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 2.12 Can I participate in the OFS and the Woodland Grant Scheme (WGS) and Farm Woodland Premium Scheme (FWPS)? . . . . . . . . . . . . . . . . .14 2.13 Can I claim Organic Management option within the NICMS while I am in the OFS? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 2.14 Can I enter only part of my farm into the OFS? . . . . . . . . . . . . . . . . . .15 2.15 If I let my land in conacre, can I still apply? . . . . . . . . . . . . . . . . . . . . .15 2.16 Can I enter land that I take in conacre? . . . . . . . . . . . . . . . . . . . . . . . .15 2.17 If I lease out my owned land can I apply? . . . . . . . . . . . . . . . . . . . . . . .15 2.18 As a tenant, can I enter leased in land into the OFS? . . . . . . . . . . . . . .15 2.19 Can I enter OFS if I do not complete an IACS/SFP form? . . . . . . . . . . .15 2.20 Can I enter common or shared grazing land? . . . . . . . . . . . . . . . . . . . .16 2.21 Can I apply for the OFS if the previous owner/occupier has already begun the conversion process? . . . . . . . . . . . . . . . . . . . . . . . .16 2.22 Can I enter ASSI/Natura 2000 land into OFS? . . . . . . . . . . . . . . . . . . .16 2.23 Do I need to consult anyone about my OFS application? . . . . . . . . . . .16 Click on red button to go straight to page To return to the index click on the page number 7 Section 3 The Application Process 3.1 Ensure that your farm map is up to date . . . . . . . . . . . . . . . . . . . . . . . .17 3.2 Making an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 3.3 What happens during the farm audit? . . . . . . . . . . . . . . . . . . . . . . . . . .17 3.4 Scheme agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3.5 How long does an agreement last? . . . . . . . . . . . . . . . . . . . . . . . . . . .18 3.6 Under what circumstances can an agreement end before five years are completed? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Section 4 What do I have to do once I am in the OFS? 4.1 Follow Cross-Compliance? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 4.2 Provision of certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 4.3 What is my commitment to farm organically? . . . . . . . . . . . . . . . . . . . .19 4.4 What records should I keep? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 4.5 What happens if I do not fulfil my agreement with DARD? . . . . . . . . . .20 4.6 Can I lease out, sell or transfer land entered into the Scheme? . . . . . .20 4.7 Continuing liability following sale or transfer of land . . . . . . . . . . . . . . .21 4.8 Scheme compliance inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 4.9 What happens if you have a dispute about organic registration/certification? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Section 5 Payments 5.1 What are the categories of land on which payment will be made? . . . .22 5.2 When and how will I claim payment? . . . . . . . . . . . . . . . . . . . . . . . . . .23 Section 6 Non-Compliance 6.1 What if I am unable to comply with the Scheme rules after joining? . . .24 6.2 What are the penalties for non-compliance? . . . . . . . . . . . . . . . . . . . . .24 6.3 Will I be able to appeal against a penalty? . . . . . . . . . . . . . . . . . . . . . .25 6.4 False statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Contents Click on red button to go straight to page To return to the index click on the page number Contents 8 Section 7 Administration and Service 7.1 Monitoring and evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 7.2 What if you have a complaint about DARD 9s administration? . . . . . . . .26 Appendices Appendix 1 Approved Certification Bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Appendix 2 Cross-Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 Appendix 3 DARD contact details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Click on red button to go straight to page To return to the index click on the page number 9 10 11 1.1 Aims of this booklet This booklet provides information to those who may wish to enter the Organic Farming Scheme, OFS. It explains Scheme requirements and the application process. For those entering the Scheme, it will form part of their legal agreement with DARD. 1.2 What is the Organic Farming Scheme (OFS)? The OFS provides payments to help farmers with the additional costs and loss of income that occurs during the conversion period to organic production. It will protect and enhance the rural environment, and help producers meet consumer demand for organic produce. Land that has already been certified as fully organic at the time of application is not eligible for the Scheme. It will not provide support for land which was registered as 8in conversion 9 prior to 1 January 2007. Participants in OFS must adhere to the organic standards specified by their chosen certification body. These standards must be maintained for the duration of a five year agreement. Entry to the OFS is voluntary. The legal basis for the Scheme can be found in Council Regulation (EC) No.1698/2005. Detailed rules for the application of this Regulation were established by Commission Regulation (EC) No.1975/2006. The Scheme was established in Northern Ireland by the Organic Farming Regulations (Northern Ireland) 2008 (S.R. 2008 No.172). 1.3 What are the organic farming standards? Food sold as 8organic 9 must meet specified minimum standards. In the UK, the standards for organic production are published by the Department for Environment, Food and Rural Affairs (Defra) as the 8Compendium of UK Organic Standards 9. These standards may change and farmers and growers entering this Scheme must adopt any changes in standards. Defra holds a register of recognised private organic sector certification bodies (Appendix 1). These can certify that organic farming or production standards have been met. If you register with a certification body whose standards go beyond those of Defra, you will have to comply with the higher standards. 1.4 Outline of the Scheme requirements All eligible horticultural, arable, improved and semi-improved land on a farm can be entered into the Scheme. It is possible to convert only part of a farm, a land parcel, as long as conventional and organic production is kept sufficiently separate. The acceptability of this separation will be determined by the organic certification body when agreeing a conversion plan. In addition, certain minimum area thresholds must be met (see Section 2.1). Section 1 General Introduction to the Scheme 12 Scheme participants enter into a five year agreement with us for each land parcel 8in conversion 9. A land parcel is that area which begins conversion in a particular year. In order to claim an OFS payment for a land parcel, it must have begun conversion in the calendar year before the claim is made, or earlier, but not before 1 January 2007. Land that has already been certified as fully organic at application is not eligible for the Scheme. Land cannot be added to an agreement in subsequent years. If additional eligible land becomes available, an application can be made during specified periods through the normal application process to establish a new agreement. Participants must follow the Cross- Compliance conditions (see Appendix 2) for all land in conversion to organic status and on fully converted organic land. As with other schemes, DARD may withhold or recover grant payments if OFS requirements are not met. Breaches of an agreement may incur penalties. Payments, plus interest accrued on those payments, may be recovered. It is not possible to 8transfer 9 land that is under agreement in the previous Organic Farming Scheme (which closed on 31 December 2006) to the new OFS. This new OFS only applies to land that has been registered as 8in conversion 9 on or after the 1 January 2007. 1.5 Advice and information If you have a query regarding the administration of the OFS, you should contact Countryside Management Branch (CMB), telephone 028 8676 8192. Advice and information on organic farming methods, organic production and marketing can be obtained by contacting the Organic Development Advisers at Greenmount Campus, College of Agriculture, Food and Rural Enterprise (CAFRE), telephone 028 9442 6765. They will provide impartial advice relevant to your business. Advice is also available from the organic sector certification bodies and from independent consultants. You should consider carefully the financial implications for your business of going organic and you may benefit from training. Courses on organic agriculture and horticulture can be arranged through Greenmount Campus, CAFRE, telephone 028 9442 6765. General Introduction to the Scheme Section 1 13 2.1 Can I apply for OFS? OFS is open to all farmers and land managers with a trading DARD Farm Business Identification Number and with at least one hectare of horticultural land (where it consists of only horticultural land) or at least three hectares of arable, improved and semi- improved land (where it consists wholly or partly of arable or other improved or semi-improved land). 2.2 What if I do not have a DARD Business Identification Number? You can get advice on how to obtain a DARD Business Identification Number from your local DARD office. 2.3 Do I have to join the OFS? No. Participation is voluntary, offering an annual payment in return for converting and maintaining land in organic production. 2.4 What land is eligible for OFS? Only land included on a DARD Farm Business map is eligible for OFS. Land that has already been certified at the time of application as fully organic is not eligible. Any horticultural land, arable land, improved and semi-improved land that has been registered as 8in conversion 9 to organic production after 1 January 2007, and meets the other eligibility criteria, may enter an agreement. 2.5 When can I apply? We will invite applications during specific periods. 2.6 What if my land is or has previously been fully organic? Land that is already registered with a certification body as fully organic at the time of application is not eligible. 2.7 Am I disqualified from joining OFS? Commission Regulation No.1975/2006 does not allow an OFS agreement to be entered into for the calendar year in question by an applicant found guilty of making a false declaration as a result of negligence in relation to any of the agri- environment schemes. In the case of a false declaration made intentionally, the period of non-allowance extends to the following year as well. 2.8 Do I need to have registered land as 8in conversion 9 with an approved organic sector certification body? Yes. Before you enter a land parcel into the OFS, you must have registered it with a certification body as 8in conversion 9 to organic farming. This means that there must be a written schedule of agricultural or horticultural activity designed to achieve the conversion. The area that makes up a parcel of land must enter into conversion in the same calendar year. We may also accept a letter from the certification body indicating that an application for certification has been made and is being progressed. Information for Applicants Section 2 14 You will not be able to enter land which you plan to convert in the future, as it is not currently registered as 8in conversion 9. You will not be able to add land onto an existing agreement but you may be able to establish a new agreement(s) for other eligible land. Scenario 1 - you have 11 fields that you want to convert to organic farming. You are only registered as 8in conversion 9 with a certification body for six of them. You can apply to the OFS for this land parcel. You cannot enter the remaining five fields until they are registered as 9in conversion 9. You should be aware that each land parcel must meet the eligibility criteria. For example, if the land parcel you wish to bring in is smaller than the area threshold for entry into the Scheme, it will not be eligible. In this case if the remaining five fields are arable or improved or semi-improved land, they would not be eligible if their total area is less than three hectares. 2.9 Could the intake into the Scheme be restricted? If demand is higher than expected, it may be necessary to cancel applications and invite applicants to apply at the next available opportunity. 2.10 Will participation in the OFS affect my Single Farm Payment (SFP)? No. Unless you make other changes due to organic production which are not allowed under the SFP, participation is compatible with the SFP. The OFS payment will be claimed using the IACS Single Application Form (SAF). You should consult DARD regarding the latest advice on SFP and organic management. 2.11 Can I participate in the OFS and agri- environment schemes such as ESAS, CMS and the new NICMS? Yes. As the payments for the OFS and the agri-environment schemes listed above are for different activities, farmers and land managers can participate in both schemes on the same area of land. Some specific agri- environment scheme habitats or management options may not be eligible for the OFS. The relevant issues for you will be discussed during your farm audit. 2.12 Can I participate in the OFS and the Woodland Grant Scheme (WGS) and the Farm Woodland Premium Scheme (FWPS)? No. Land in the WGS/FWPS cannot be entered into the OFS. Information for Applicants Section 2 15 2.13 Can I claim Organic Management option within the NICMS while I am in the OFS? Only land which is fully converted to, and remains certified as organic, and that is not in receipt of OFS payments is eligible for the organic management option within NICMS. 2.14 Can I enter only part of my farm into the OFS? Yes. A minimum area of one hectare per application of horticultural land, or three hectares in total of arable, improved and semi-improved land can be entered into the OFS. It may be possible to enter additional parcels of land into the Scheme under a separate agreement(s) in later years through the normal application process. 2.15 If I let my land in conacre, can I still apply? Yes. You may let your eligible land in conacre and apply for the OFS. You, as landowner, are responsible for complying with the Scheme requirements. You must inform the person taking the land that you are entering it into the OFS and it must be farmed organically by the tenant. Whilst you must make the tenant aware of the Scheme obligations and management requirements, compliance with the requirements of the Scheme and with Cross-Compliance remains your responsibility as the landowner and agreement holder. 2.16 Can I enter land that I take in conacre? No. Land taken in conacre by you is not eligible for the OFS. 2.17 If I lease out my owned land can I apply? No. Land leased out by the owner cannot be entered into the OFS by the owner. 2.18 As a tenant, can I enter leased in land into the OFS? Yes. If you have declared the land on your IACS Single Application Form (SAF) as leased, you may enter it into the NICMS. At inspection, you will be required to present a legally drawn up lease agreement to cover the period of claim. 2.19 Can I enter the OFS if I do not complete an IACS SAF form? No. You must have submitted a valid and verified IACS SAF to be eligible for the OFS. In all cases your annual claim for payment must be made through the IACS SAF. Information for Applicants Section 2 16 2.20 Can I enter common or shared grazing land? Yes. You can enter improved or semi- improved common grazing land into the OFS provided all the common graziers (those having shares in the common) are 8in conversion 9 or are certified organic producers. The common land will enter agreement on the date when all graziers have commenced their agreements. The agreement for the common land will end on the date that any grazier 9s agreement ends or is terminated. 2.21 Can I apply for the OFS if the previous owner/occupier has already begun the conversion process? Yes. Note however we will normally only pay the remainder of grant available for a land parcel. For example, if the previous owner received the first year OFS payment for a land parcel, your OFS payments would be for the year 2 to year 5 payments. Land that has already been certified at the time of application as fully organic is not eligible. 2.22 Can I enter ASSI or Natura 2000 land into the OFS? Yes. If you have eligible land which is within an Area of Special Scientific Interest (ASSI) or Natura 2000 site, it may be entered into the OFS. We will refer your application to the Northern Ireland Environment Agency (NIEA) Department of the Environment (DOE) to check if entry to the OFS is compatible with site management. If your land has a statutory designation, such as an ASSI or a Scheduled Historic Monument, you may need consent from the relevant body before you enter an OFS agreement. You must notify CMB of any such designations when you apply for the OFS. 2.23 Do I need to consult anyone about my OFS application? If you are a tenant leasing in land, you must make sure that you do not contravene the terms of your tenancy. You should discuss your plans with your landlord. Information for Applicants Section 2 17 3.1 Ensure that your farm map is up to date It is important that your farm map is up to date, as errors can lead to delays in processing your application. If you do not correct errors in your farm map, we will cancel your Scheme application. Check your farm map and if it is not correct, you should obtain an updated map by completing a map update form (GIS2) available from your local DARD office. This also applies to leased land that you intend to bring into the Scheme. You must confirm the accuracy of maps for leased land with the landowner. 3.2 Making an application You should contact DARD by: " telephone; " in person at a DARD office; " e-mail (cmbenquiries@dar dni.gov .uk ); " fax; or " in writing. You should provide the following information: 1. Farm Business Identification number; 2. Details of land you wish to enter into the Scheme 3 which land parcel(s), owned or leased, and date of commencement of 8in conversion 9 for each land parcel; 3. A declaration that you have an agreed conversion plan (or plans) and that you have registered this land as 8in conversion 9 with an approved certification body; and 4. The name of the approved certification body and your certification number. For points 3 and 4 above, we will accept a letter from the certification body confirming that a request for certification has been made and is being progressed. We will acknowledge your application and send you a Scheme information pack, including this OFS Booklet. Part of your eligibility to enter an agreement will be checked on receipt of the information you provide at application. If you are not considered eligible at this stage, you will be provided with a reason why. Otherwise, you will be considered as 8provisionally eligible 9 until we carry out a farm audit (see Section 3.3 below). 3.3 What happens during the farm audit? You or a representative must be present while the audit is being carried out. The audit consists of four parts: 1. an overview of the Scheme rules; 2. classify land as horticultural, arable, improved or semi-improved; 3. inspection of original certification body registration certificates; and 4. completion of the eligibility check. During this audit visit, you will be asked to sign for receipt of this booklet. You must retain this booklet for the duration of the agreement as it forms part of your legal agreement with us. The Application Process Section 3 18 3.4 Scheme agreement After the farm audit, we will send eligible applicants two copies of an agreement. You should sign both and return one to us if you wish to enter the OFS. We will then send confirmation that you have entered an agreement and will provide you with a Start Date. The agreement will indicate the fields that will receive payment, and provide a breakdown of the payment for those fields spread over a maximum of five payments. You should inform us if you do not wish to proceed with your application, in which case, we would find it useful if you explained why. The Start Date of the agreement will be the 1 January of a particular year. The claim year will be from the 1 January to 31 December. 3.5 How long does an agreement last? A Scheme agreement is for five years commencing from the Start Date. Each land parcel entered will receive a maximum of 5 payments provided Scheme obligations are maintained. 3.6 Under what circumstances can an agreement end before five years are completed? The OFS agreement will end in the follow circumstances: 1. death of the agreement holder where that person is the only named person associated with the farm business; 2. by request of the agreement holder; or 3. because of non-compliance with Scheme requirements. Where an agreement ends on the death of the agreement holder (who is the only named person in the farm business), the new individual responsible for the registered farm business or the new farm business associated with the existing land may apply for a new agreement. Such an application can be made at the next available opportunity following the completion of probate provided the land remains eligible. In these circumstances, grant aid previously paid will not be recovered. The new agreement holder may only claim the balance of payment due for a specific parcel of land under agreement. Where the agreement is held by a registered farm business made up of a number of individuals, the agreement may continue within that farm business in the event of the death of one of the members. If the other member (s) does (do) not wish to continue with the agreement, it can be terminated. Grant aid previously paid will not be recovered. Where an agreement ends at the request of the agreement holder, due to retirement from farming, or due to force majeure circumstances, grant aid will not be recovered. Grant aid may be recovered where the agreement holder, who is not ceasing farming, terminates the agreement or we, through compliance monitoring, end the agreement. Grant aid may also be recovered where certification by the organic certification body lapses. The Application Process Section 3 19 4.1 Follow Cross- Compliance? Follow the Statutory Management Requirements (SMRs) and maintain land in Good Agricultural and Environmental Condition (GAEC) (Appendix 2). 4.2 Provision of certification You must provide relevant valid organic registration certificates updating us within 28 days of receipt of them. Please send copies and retain originals. We will use this information to build up a picture of continuity of certification. This will help us assess risk of non- compliance, target inspections, and initiate timely payments. Failure to maintain certification and to provide certificates will lead to termination of the agreement and possibly recovery of grant aid and application of penalties. Valid certificates are those that give the area 8in conversion 9 to organic, the area converted to organic, and list each land parcel or fields. Valid certificates must be signed and dated by the certification body. Normally, there must be no lapses in certification for the duration of the OFS. In exceptional circumstances short lapses in certification may be accepted, but only when written evidence from the relevant certification body is provided indicating that the conversion to organic status has not been compromised. You must inform us within 28 days if you lose your Certificate of Registration with a certification body, or have it suspended. You must inform us of any change in circumstances which prevents you from meeting the requirements of the agreement. During inspection for payment, you should have all valid organic registration certificate(s) available for inspection. If not, you must present these to us within 28 days. 4.3 What is my commitment to farm organically? You must farm all the land in your organic unit in accordance with the Compendium of Organic Standards published by Defra, from its entry 8into conversion 9 for the entire period of the agreement. You will have to become, and remain, registered with an approved certification body with respect to that land, either as a producer 8in conversion 9 or as an organic producer. If you wish to re-register your land with a different organic certification body, it is important that you do so before de-registering with your existing one. Additionally, all other organic land 8in conversion 9 or converted on your holding at the time you apply to enter the Scheme must remain in organic production for as long as the agreement lasts. 4.4 What records should I keep? You must retain any records relating to the agreement. You must keep certificates from your certification body. You will be required by your organic certification body to keep comprehensive records as evidence of your organic farming practices. What do I have to do once I am in the OFS? Section 4 20 4.5 What happens if I do not fulfil my agreement with DARD? You must meet the Scheme requirements for the full term of the agreement. Failure to do so may be considered a breach of the agreement and may incur repayment with interest and penalties. We may terminate the agreement if you do not fulfil your obligations. You must inform us immediately if you have difficulties at any stage in complying with the agreement. (See also Section 6.2, p24) Any breach identified may result in a penalty being imposed on other DARD schemes in which you are participating. In the same way, breaches of other Schemes may result in penalties being imposed on your OFS payment. Where the organic conversion of your land is affected, you will need to obtain written approval to any variation from your organic certification body. 4.6 Can I lease out, sell or transfer land entered into the Scheme? Yes. If you sell or lease out land under agreement, you should notify us in writing and arrange to have your farm map updated, if necessary. If you sell or transfer land and the new owner continues with the conditions of the agreement, we will not seek to recover any monies already paid. If, however, the new owner does not accept the obligations of the agreement, we may reclaim some or all of the payments already made plus interest. The same conditions apply if you lease out land that is under your Scheme agreement. We may reclaim some or all of the payments plus interest for eligible land sold for non-agricultural use, for example building sites, during the period of the agreement. Such land changes may also affect other payments that you receive from us such as SFP, agri-environment payments and Less Favoured Area Compensatory Allowance (LFACA). The new owner or person who leases the ground must apply for a new OFS agreement for the land in question at the next available opportunity. The new OFS beneficiary will only be able to receive the remaining payment(s) left over from the original agreement. If you let, sell or transfer land under agreement, force majeure may apply in certain circumstances. If you fail to secure continuity of organic conversion for a land parcel, or if you no longer retain a viable organic unit following a change of occupancy, and you believe that force majeure circumstances are involved, then your case will be considered in accordance with Section 5, p22. What do I have to do once I am in the OFS? Section 4 21 4.7 Continuing liability following sale or transfer of land It is important to note that under the Scheme rules you may still be liable to repay any aid you have received, together with interest and penalties, if there is a breach of Scheme rules following the sale or transfer of land. Should you intend to transfer land you should seek legal advice on this issue. 4.8 Scheme compliance inspections You must allow access at any reasonable time to authorised DARD staff or their agents. You must give reasonable assistance to them during any farm audits or inspections. You will be required to accompany the inspector and produce any relevant records. 4.9 What happens if you have a dispute about organic registration/certification? The organic status of your land and the suitability of your farming practices on eligible land is a matter between you and the approved organic certification body with which you have registered. Disputes should normally be resolved with them. If this is not possible, the matter should be referred to Defra who may arbitrate. DARD is unable to intervene in such disputes. What do I have to do once I am in the OFS? Section 4 22 5.1 What are the categories of land on which payment will be made? Categories of land will be identified by us at the farm audit. Payment will be made for land which falls into the following categories. Horticultural land can be defined as land used for the production of fruit, vegetables, herbs, protected crops, bulbs, outdoor flowers and hardy nursery stock. Green manures grown as part of a horticultural rotation will also count as a horticultural crop. Payment will only be made for protected cropping where the polytunnel or glasshouse covers the original soil in the protected area and horticultural crops are grown in that soil. Arable land is land used to grow crops. As a general rule, all annual or biennial crops (or mixtures of these) will count as arable crops. This will include cereals, undersown cereals, grain legumes or pulses, oilseeds, forage maize and wholecrop silage. Table 1 - Payment rates for land categories. OFS Horticulture Arable Improved and year (£ per ha) (£ per ha) semi-improved (£ per ha) 1 470 400 330 2 100 70 40 3 35 35 35 4 35 35 35 5 30 30 30 Total 670 570 470 For improved grassland, the sward contains more than 25% ryegrass, timothy, white clover or other sown species indicative of cultivation and will generally have no native grasses, sedges or wild flowers present. Semi-improved grassland contains less than 25% ryegrass and/or clover or other sown species indicative of cultivation. In addition to ryegrass, typical grasses include timothy, annual meadow grass, rough stalked meadow grass, smooth meadow grass, creeping bent, crested dog 9s tail and Yorkshire fog. The sward is species poor with one or less wild flower, native grass or sedge species present in an area of one square metre at six out of ten random points in the area. The rates of payment are shown in Table 1. The highest rate of payment is made in the first year of the agreement when the costs of conversion are greatest. The payments set out in Table 1 are staged for each of the five years that aid is paid on a parcel of land. Payments Section 5 23 5.2 When and how will I claim payment? Claims for payment for OFS will be made using the annual IACS SAF, normally due by mid-May each year. Instructions on how to claim for OFS will be issued with the IACS SAF. Agreement holders should use this form to confirm that the requirements of the OFS have been met. Non-compliance of agreement requirements must be noted on the IACS SAF. Payments will be made through the BACS (Bank Automated Clearing System). Payments Section 5 24 6.1 What if I am unable to comply with the Scheme rules after joining? You should contact us as soon as possible. We recognise that there may be abnormal or unforeseeable circumstances outside your control which may prevent compliance with the agreement, for example a natural disaster or a long term incapacitating illness. These are known as 8force majeure 9 and, where this applies, no penalties will be imposed. In such circumstances, you or your personal representative must notify us within 10 days of being in a position to do so, otherwise we may not accept force majeure. Force majeure circumstances may include the following: (i) Death of the agreement holder; (ii) Long-term professional incapacity of the agreement holder; (iii) Compulsory purchase of all or part of the land, if this could not be anticipated on the day the agreement was signed; (iv) A severe natural disaster affecting the agricultural land in the business; (v) Accidental destruction of livestock buildings in the business; or (vi) An outbreak of disease affecting part or all of the livestock in the business. 6.2 What are the penalties for non-compliance? A system of penalties is applied for breaches of your Scheme agreement. The system is based on Commission Regulation No 1975/2006. Powers to withhold any payments, recover part or all of payments already made, and to terminate the agreement are included in the Organic Farming Regulations (Northern Ireland) 2008 (S.R. 2008 No.172). Non-compliance with OFS requirements may also result in penalties being made against other grant scheme payments such as Single Farm Payment Scheme, Less Favoured Areas LFACA, and Woodland Grant Schemes. The additional penalties are designed to discourage serious breaches of agreements. Criteria used in applying the system include whether the breach is intentional or negligent; whether it is temporary or permanent; the extent to which it undermines the environmental benefits and objectives of the agreement; whether it can be linked to a specific element in the payment; and, if not, the use of a sliding scale based on the nature of the damage. The nature of penalties to be applied in the event of breaches of agreements will be assessed taking into account all relevant factors, and will be proportionate to the breach. This reinforces the need for you to consult with us if you have difficulties at any stage in complying with your agreement. Non-compliance Section 6 25 6.3 Will I be able to appeal against a penalty? Yes. Before applying any penalty, the Department will give you a written explanation of the proposed action. You will be given an opportunity to appeal this action. 6.4 False statements If you make a false statement in your claim for payment or application for the Scheme, either intentionally or as a result of negligence, you will be required to reimburse any payments made plus interest. The Scheme agreement will be terminated. You may also be excluded from entering and/or receiving aid under other DARD schemes for a period of time. Non-compliance Section 6 26 7.1 Monitoring and evaluation From time to time we may conduct economic, environmental or other monitoring and evaluation of the Scheme which, for example, may involve your participation in postal surveys or personal interviews. DARD staff, or consultants working for DARD, may also need to contact you and visit your farm. By signing the agreement you agree to co-operate with or take part in such studies. These are important for reviewing the effectiveness of the Scheme and improving any future scheme. 7.2 What if you have a complaint about DARD 9s administration? If you are not happy with the way we handle your application or subsequently administer the agreement or claims for payment, contact the person who you dealt with. If you are still not satisfied, write to the Head of CMB, DARD (see Appendix 3) who will make sure your complaint is investigated further and that you receive a full response. For more information please read 8Our Customer Service Standards 9 and 8Our Complaints Procedure 9 leaflets. Administration and Service Section 7 27 Name Organic Farmers & Growers Ltd Scottish Organic Producers Association Organic Food Federation Soil Association Certification Ltd Bio-Dynamic Agricultural Association Part A Approved UK Certification Bodies Address The Old Estate Yard Shrewsbury Road Albrighton Shrewsbury Shropshire SY4 3AG Scottish Food Quality Certification 10th Avenue Royal Highland Centre Ingliston Edinburgh EH28 8NF 31 Turbine Way Eco Tech Business Park Swaffham Norfolk PE37 7XD South Plaza Marlborough Street Bristol BS1 3NX BDAA Demeter Administrator 25 Boswall Rd Edinburgh EH5 3RR Phone/Fax Tel: 01939 291800 Fax: 01939 291250 Certification, support & development: Tel: 0131 335 6606 Fax: 0131 335 6601 Tel: 01760 720444 Fax: 01760 720790 Farmers, growers and processors: Tel: 0117 914 2412 Fax: 0117 314 5001 Tel: 0131 552 6565 Fax: 0131 777 2581 Email email: info@or ganicfarmers.or g.uk Website: www .or ganicfarmers.or g.u k email: info@sopa.or g.uk Website: www .sopa.or g.uk email: info@or gfoodfed.com Website: www .or gfoodfed.com email: Farmers and growers: pr od.cert@soilassociation.or g Processors: pr oc.cert@soilassociation.or g Website: www .soilassociation.or g/certific ation email: demeter@biodynamic.or g.uk Website www .biodynamic.or g.uk Certification Bodies Appendix 1 28 Certification Bodies Appendix 1 Name Irish Organic Farmers and Growers Association Organic Trust Limited Quality Welsh Food Certification Ltd Ascisco Ltd Part A Approved UK Certification Bodies (continued) Part B UK Competent Authority Defra Organics Team Area 8C, 9 Millbank C/o Nobel House 17 Smith Square London SW1P 3JR Tel: 020 7238 5605. Address Main Street Newtownforbes Co. Longford Republic of Ireland Vernon House 2 Vernon Avenue Clontarf Dublin 3 Republic of Ireland Gorseland, North Road Aberystwyth Ceredigion SY23 2WB South Plaza Marlborough Street Bristol BS1 3NX Phone/Fax Tel: 00 353 43 42495 Fax: 00 353 506 32063 Tel: 00 353 185 30271 Fax: 00 353 185 30271 Tel: 01970 636688 Fax: 01970 624049 Farmers, growers and processors: Tel: 0117 914 2406 Fax: 0117 314 5046 Email email: iofga@eir com.net email: or ganic@iol.ie Website: www .or ganic-trust.or g email: mossj@wfsagri.net email: DPeace@soilassociation.or g Cross-Compliance is to follow the Statutory Management Requirements (SMRs) and maintain land in Good Agricultural and Environmental Condition (GAEC). Statutory Management Requirements SMR 1 Conservation of wild birds Applicable from 1 Jan 05 SMR 2 Conservation of natural habitats and of wild Applicable from 1 Jan 05 flora and fauna SMR 3 Protection of groundwater against pollution Applicable from 1 Jan 05 SMR 4 Protection of the environment when sewage Applicable from 1 Jan 05 sludge is used in agriculture SMR 5 Protection of water against nitrate pollution Applicable from 1 Jan 05 SMR 6 Identification and registration of animals Applicable from 1 Jan 05 SMR 7 Identification and registration of bovine animals Applicable from 1 Jan 05 SMR 8 Identification and registration of bovine animals Applicable from 1 Jan 05 (labelling of beef and beef products) SMR 9 Sheep and/or goat identification and registration Applicable from 1 Jan 06 SMR 10 Placing of plant protection products in the market Applicable from 1 Jan 06 SMR 11 Food and feed law Applicable from 1 Jan 06 SMR 12 Prohibition on the illegal use of stock farming of Applicable from 1 Jan 06 certain substances having a hormonal or thyrostatic action and of beta-agonists SMR 13 Prevention, control and eradication of Applicable from 1 Jan 06 transmissible spongiform encephalopathies SMR 14 Control of Foot and Mouth Disease Applicable from 1 Jan 06 SMR 15 Control of certain animal diseases Applicable from 1 Jan 06 SMR 16 Specific provisions for the control and Applicable from 1 Jan 06 eradication of bluetongue SMR 17 Minimum standards for the protection of calves Applicable from 1 Jan 07 SMR 18 Minimum standards for the protection of pigs Applicable from 1 Jan 07 SMR 19 Protection of animals kept for farming purposes Applicable from 1 Jan 07 29 Cross-Compliance Appendix 2 30 GAEC is made up of the following six elements: 1. Soil Management There is a requirement to protect soils from erosion and maintain soil structure by preventing land from being severely trampled or poached. All cultivated land must have either crop cover, stubble cover, grass cover or be ploughed or disced over the following winter. Finely tilled bare seedbeds are not permitted over the winter period. Do not carry out any cultivations if water is standing on the surface or the soil is waterlogged. 2. Supplementary Feeding Supplementary feeding sites are prohibited on semi-natural habitats, archaeological and historic monument sites or within 10 m from waterways or 50 m from a borehole or well (irrespective of its current use) or 250 m from any borehole used for public water supply. Supplementary feeding sites should be rotated and managed to prevent excessive trampling, poaching or vehicle rutting to minimize soil erosion and runoff to waterways. Sacrifice areas/paddocks are not permitted. 3. Overgrazing Avoid overgrazing grassland, semi- natural habitat or archaeological and historic monument sites with livestock in such numbers which would damage the growth, quality or species composition of vegetation cover on that land to any significant degree or destroy the archaeological and historic monument features. 4. Undergrazing Undergrazing must be avoided by using appropriate grazing or cutting management, except where it is deemed necessary for environmental management, for example, as part of an agri-environment agreement. Avoid infestation by species such as rhododendron, gorse/whin, giant hogweed, Japanese knotweed and noxious weeds, which degrade the agricultural and environmental value of the land to such an extent where the land is not capable of returning to agricultural production by the start of the next growing season. 5. Field Boundaries Removal of field boundaries (dry stone walls, ditches, hedges, earth banks, rows of trees) is not permitted except by prior approval from us. This includes infilling or laying drainage pipes in open drains (sheughs). Hedge cutting/coppicing or laying is not permitted between 1 March and 31 August. Cross-Compliance Appendix 2 31 6. Protection of Habitats, Archaeological Sites and Permanent Pasture " Comply with the Environmental Impact Assessment (Agriculture) Regulations (NI) 2007. Farmers/landowners must not undertake new drainage works, ploughing, clearing, levelling, reseeding or cultivations on uncultivated land or semi-natural habitats without prior approval from us. Semi-natural habitats include woodland, scrub, moorland, wetlands and species rich grassland. " Retain all archaeological features, ponds, shelterbelts, trees protected under the Tree Preservation Order and earth science sites. " Do not burn heather, gorse, whin or fern between 15 April and 31 August (Game Law Amendment Act (NI) 1951). " Infilling any land with soil, spoil, hardcore or any waste material requires written consent from DOE Special Studies Unit, Planning Service before commencing any works. The telephone number is 028 9041 6880. Further details of the above can be found on our website www.dardni.gov.uk or www.ruralni.gov.uk or refer to DARD booklets Cross-Compliance Verifiable Standards 2005 and 2006, Cross- Compliance Verifiable Standards 2005 and 2006 Supplement SMR 11 Food and Feed Law and Cross-Compliance Verifiable Standards 2007. Cross-Compliance Appendix 2 32 For further information please contact: DARD Countryside Management Branch E-mail: cmbenquir es@dar dni.gov .uk Lindesay Hall Loughry Campus Cookstown County Tyrone BT80 9AA Tel: 028 8676 8192 Fax: 028 8675 7511 CMB Regional Offices 2 Newry Road Armagh BT60 1EN Tel: 028 3751 5659 Fax: 028 3751 5611 Kilpatrick House 38-54 High Street Ballymena BT43 6DP Tel: 028 2566 2800 Fax: 028 2566 2838 Inishkeen House Killyhevlin Enniskillen BT74 4EJ Tel: 028 6632 5004 Fax: 028 6634 3000 31 Station Road Magherafelt BT45 5DN Tel: 028 7930 2112 Fax: 028 7930 2067 Rathkeltair House Market Street Downpatrick BT30 6LZ Tel: 028 4461 8000 Fax: 028 4461 8226 Sperrin House Sedan Avenue Omagh BT79 7AQ Tel: 028 8225 1020 Fax: 028 8225 3500 DARD contact details Appendix 3 Copies of this document can be made available upon request in alternative formats for example, in large print, Braille, computer disc, audio cassette and other languages. Please call 028 8676 8192 for further details. ISBN: 978 1 84807 081 3 DMS 08.09.076

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