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Key/Topical Issues 1. Priorities for 2017
- Progress Report 2. Key Scheme Milestone and Dates 3. Brexit 4. Marine Issues 5. International Trade 6. CAP Reform 7. Meat and Dairy Markets 8. Food Safety/Animal Health Strategy 9. Climate Change 10. Nitrates Action Plan Review and Water Quality 11. Scheme Inspections and Payments 12. ANC Redesignation 13. Knowledge Transfer (KT) On-line systems 14. Compensation for Cereal Growers 15. ICBF – Proposal for funding through tag levy 16. Illegal Burning of Agricultural Land 17. Glyphosate Approval under PPPR
DAFM High Level Priorities 2017
A. Brexit: Monitor short-term impacts and work with industry and agencies to devise
appropriate responses. Work closely within whole–of-Government structures. Continue
engagement with stakeholders and with UK and Northern Ireland. Intensify engagement
with other Member States and EU institutions on all aspects of EU/UK negotiations.
B. CAP and Environment Policy: Develop policy position on the CAP after 2020 through
detailed analysis and engagement with stakeholders; engage with other MS and EU
institutions. Maintain strong input to negotiation of EU climate change policy to 2030.
Finalise national ag/forest sector mitigation and adaptation plans. Consider mechanisms for
meeting 2030 target. Ensure strong coordination and communication of DAFM and agency
work on climate change, water quality and biodiversity.
C. Rural Development Programme: Make payments on all RDP schemes and ensure high
customer service and accreditation standards. Rollout further schemes: AHW advice, KT,
Glas 3, TAMs including tillage, EIPs (ie Hen Harrier, Freshwater Pearl Mussel and Locally Led
Open Call projects). Finalise 2016 amendment and submit 2017, including ANCs. Follow-up
on ex-ante evaluation of Financial Instruments.
D. Direct Payments: Make payments on all DP schemes and ensure high customer service
and accreditation standards. Maximise use of the on-line system and preliminary checks.
Progress the LPIS re-build including a two county pilot project. Complete ANC technical
review, consultation with stakeholders and policy proposals with a view to introduction in
2018. Roll out Sheep Welfare and Beef Producer Organisation Schemes;
E. Animal Health & Welfare/Food Safety: Publish National Farmed Animal Health Strategy
and initiate action plan for delivery, including formal consultative process. Launch Animal
Health Surveillance strategy. Renew TB eradication programme with target date for
eradication of 2030. Develop a long-term strategy for the laboratories through consultation
on review and CBA on regional laboratory options. Engage with FSAI on the implementation
of the Official Controls Review of the FSAI Scientific Committee. Develop and publish a
DAFM food safety and authenticity strategy. Explore options for inter-agency data-sharing
on “one health” issues. Complete National Antimicrobial Resistance Action Plan and initiate
appropriate actions
F. FW2025/PFG and other Sectoral Policies: Pursue implementation of food industry
development and other aspects of FW2025 and PFG through HLIC and engagement with
industry and other stakeholders, and publish second annual report. Finalise Greyhound
Industry Bill and progress through Oireachtas. Develop strategy for mushroom industry, and
review oversight and management of organic sector. Review national strategy for fruit and
veg POs. Lead inter-agency process for ‘2017- year of sustainable grassland’. Support the
delivery of a new Nitrates Action Programme, particularly the renewal of the national
derogation
G. Trade: Pursue market access to a range of international markets. Plan and lead agri-food
trade missions in a focused effort on diversification of agri-food and beverage markets.
Actively monitor & contribute to negotiations on Free Trade Agreements and WTO.
H. Marine: Implement discards ban and prepare for full implementation in 2019. Put in
place legislation to implement the EU points system for skippers and licence holders.
Implement amending legislation on the Voisinage Agreement. Continue rollout of the
Seafood Development Programme with BIM. Manage fishery harbours in light of PAC
commitments and deliver the Harbours Capital Programme. Facilitate completion of the
Independent Aquaculture Licencing Review and follow up actions. Progress licence
determinations and reduce backlog. Advance Haulbowline remediation in line with available
funds. Manage fisheries quotas.
I. Forestry: Roll out new Land Classification System and Environmental Requirements and
review Forestry Programme 2014- 2020 in light of climate change goals, participation rates,
environmental impact, rural communities and land use policy.
J. DAFM/Agency Strategy: Continue full implementation of agreed actions of the 2016
DAFM internal organisational review (OR) and consider further specific actions in the five
business areas. Reflect Strategy Statement 2016-2019 in business area and division plans.
Implement internal and external communications strategy. Strengthen coordination of
policy and operational work of DAFM, other Departments and agencies on key Government
priorities. Ensure appropriate written framework and performance agreements are in place
with State agencies.
K. Corporate Development: Publish new DAFM IMT strategy in early 2017. Initiate project
to develop IMT system to support Common Fisheries Policy. Ensure continuing ISO 27001
certification as required by EU. Establish Data Analytics Unit – initially on a pilot basis.
Establish programme management office as envisaged under the organisation review.
Continue roll out of policies in the HR Strategy including new L&D Plan. Submit Workforce
Planning return to DPER. Manage delegated sanction in DAFM and agencies.
Progress Report
This document is withheld under Sections 29 (1) and 30 (1) (c) of the FOI Act 2014
Key Scheme Milestones and Dates
This document is withheld under Sections 29 (1) and 30 (1) (c) of the
FOI Act 2014
Brexit - Summary Brief
Effect of Brexit on Irish economy and Agri food sector
The agri-food sector is of critical importance to the Irish economy. Its regional spread
means it underpins the socio-economic development of rural areas in particular. The sector
employed approximately 173k people (8.6% of total employment) in 2016, and the total
value of agri -food exports was almost €12.2bn in 2016.
Agri food trade with UK
Some €4.8bn of Irish agri food products (39%) was exported to the UK in 2016. The value of
imports was €3.7bn (46% of total agri food imports). 50% of Irish beef exports and more
than one-third of dairy exports (53% of cheese exports, 29% of butter and 12% of SMP) go
to the UK market. Exports of cheddar cheese are about 80,000 tonnes, representing about
80% of all cheddar imported by the UK. The mushroom and forestry sectors are also highly
dependent on the UK market, with about 90% of exports by value going there. 13% of our
seafood is exported to the UK.
Challenges
Immediate: the significant drop in the value of sterling against the euro.
Longer-term: tariffs and trade, divergence in regulations and standards, border
controls with NI, and certification (including veterinary and health certification). For
example, estimated WTO tariff rates for beef and dairy exports are 61% and 52%,
respectively, representing an estimated cost to those sectors of €687 million and
€502 million, respectively. These difficulties would be compounded by the increased
costs associated with the implementation of border controls, particularly if there is a
divergence from EU regulations and standards in the UK after Brexit.
Difficult challenges in relation to potential restricted access to fishing grounds and
resources. On average, 36% of Irish landings are taken from UK waters. For mackerel
and prawns, which account for nearly 50% of the total value of Irish fish quotas, 64%
and 39%, respectively, are caught in the UK zone.
Steps Taken to Date
A dedicated Brexit Unit has been established to co-ordinate all activities - this now
forms part of a new Brexit and International Trade Division;
A Brexit Response Committee comprised of all relevant (14) DAFM Divisions is now
active – most recent meeting 8 June 2017;
A Stakeholder Consultative Committee has been established – most recent meeting
11 April 2017 - and frequent contact being maintained with representative
organisations and companies;
Brexit has been added as a standing item to the agenda of the Food Wise 2025 High
Level Implementation Committee, allowing ongoing monitoring and response to
Brexit in the context of the implementation of FW2025;
Close consultation with Bord Bia, Bord Iascaigh Mhara and Enterprise Ireland is
ongoing - significant additional resources allocated to Bord Bia (€1.6m in 2016 and
€2m in 2017) in Budget 2017 in order to provide Brexit-related supports to affected
companies;
Other Budget 2017 supports for the sector include a new €150 million low-cost loan
scheme, agri-taxation measures, and increased funding under the Rural
Development Programme and Seafood Development Programme;
The Department is feeding into the overall Government response being co-ordinated
by the Department of the Taoiseach, including through participation in the IDG on
Brexit and the Economy and Trade Work Group, and, in the case of the latter,
through its chairing of the Agri-Food Sub-Group (next meeting will be held on 14
June 2017);
Since last December Minister Creed has hosted four All-Island Civic Dialogue events
for the eleven different agri-food enterprises and a Civic Dialogue event for the sea
fisheries sector.
The agri food enterprises involved are cattle, sheep, pigs/poultry, horticulture/plant
health, forestry, animal feed, prepared consumer foods, alcohol, beverages, equines
and greyhounds.
DAFM officials are engaging closely with their NI counterparts through the NSMC
and bilateral meetings, including on specific areas of co-operation; DAFM has held a
number of meetings with key officials in the Commission, the UK and other Member
States, and this process will intensify in the coming months;
Political engagement with NI and UK counterparts has also increased, including
through Minister Creed’s meetings with NI Minister Michelle McIlveen and UK SoS
Andrea Leadsom (most recently in Berlin on 22 January 2017);
Minister Creed also met UK Minister of State George Eustice in the margins of the
AgriFish Council in Luxembourg on 3 April ;
At EU level, Minister Creed has had regular contact in recent months with
counterparts at AgriFish Council meetings. He is also currently engaged in an
intensive round of bilaterals with key Member State counterparts – Germany,
Netherlands and Denmark from 16-17 March, Estonia and Poland from 28-29 March,
and France, Luxembourg and Austria from 3-5 April; Belgium on 23 May;
Minister Creed has also spoken regularly to Commissioner Hogan, and officials have
taken part in meetings with the Commission and the Barnier Task Force (most
recently on 9 March 2017);
On the market front, Minister Creed has met with the CEOs of major UK retailers
(Tesco, Sainsburys and ASDA);
DAFM is also active on third country markets with a view to developing new business
opportunities for Irish food companies - Minister Creed recently led a successful
trade mission to Saudi Arabia and the United Arab Emirates following a visit last
autumn to South-East Asia; a further trade Mission is being finalised for the USA and
Mexico commencing on 19 June.
Additional resources have been allocated to the Department’s market access
activities in order to further improve Ireland’s agri-food footprint globally.
DAFM’s network of agriculture attachés is also engaged as appropriate in agri-food-
related Brexit follow-up, through the Embassies in London, Paris and Geneva, and
the Perm Rep in Brussels.
Ireland’s Key ‘asks’ from the negotiations
Continued free access to the UK market, without tariffs and with minimal additional
customs and administrative procedures.
Minimisation of the risk from UK trade agreements with third countries.
Maintain current access to fishing grounds in the UK zone in the Irish Sea, Celtic Sea
and north of Donegal and protect Ireland’s quota share for joint fish stocks.
Appendix below
APPENDIX
UK EXIT PROCESS
In accordance with Article 50 of the EU Treaty, the UK informed the European Council on
Wednesday 29 March of its intention to leave the EU. This in effect means that, in the
absence of an agreement between both parties to extend the negotiation period, the UK
will leave the EU at the end of the two year negotiation period, viz 29 March 2019.
A Resolution on the negotiations was voted on and approved by the European Parliament
on Wednesday 5th April.
The EU27 leaders met at a special European Council on Saturday 29 April to agree and
adopt their negotiating guidelines. The guidelines included a paragraph in relation to the
particular circumstances of Ireland.
The EU negotiating mandate was adopted at a meeting of the EU General Affairs Council on
22 May 2017. Neither it nor the negotiating guidelines give rise to any issues from an agri-
food and fisheries perspective. We welcome in particular the inclusion of text in relation to
the need for transitional arrangements. It is not yet clear at what point this question will be
addressed - although it may take place at the end of 2017, after what is termed as
“sufficient progress” in the exit negotiations has been made - but a lengthy transition
period, during which trading arrangements would remain as they currently stand, would be
desirable from an agri-food perspective.
On 23 May Council Working Party on Article 50, began its work with a session devoted to
working arrangements and the potential impact of Brexit on international agreements. This
was followed by further meetings on 30 May, 1 June and 8 June to discuss draft position
papers prepared by the Task Force on the issues of citizens’ rights and the UK financial
settlement.
PM May’s Article 50 letter
The main points of PM May’s Article 50 letter are:
The UK want the UK-EU trade deal to be more wide-ranging than any previous
trade deal.
The UK want to negotiate its future partnership with the EU (ie, the new trade
deal) alongside the exit deal.
The UK insists that the vote to leave the EU was “no rejection of the values we
share as fellow Europeans”.
The UK claims the vote was “not an attempt to harm the European Union”.
The UK expects Brexit to lead to a “significant increase in the decision-making
power of each devolved administration”.
The Prime Minister has committed to give Parliament a debate on the final deal and a non-
binding vote before the EU Parliament votes on the deal.
UK White Paper
Following submission of the Article 50 letter, the UK Government published a White Paper
Legislating for the United Kingdom’s withdrawal from the European Union . This sets out the
Government’s approach to ensuring the UK’s laws function post Brexit.
Key elements of the White Paper include:-
The Great Repeal Bill will fulfil three main functions:-
o Repeal the European Communities Act 1972;
o Convert EU law at the point of exit into UK law, before the UK leaves the EU, to
“provide fairness to individuals, whose rights and obligations will not be
subject to sudden change”; and
o Create powers to make secondary legislation to enable corrections to take into
account the UK no longer being an EU MS, and also to enable domestic law to
reflect the content of any withdrawal agreement reached under the Article 50
negotiations.
The Charter of Fundamental Rights will not be converted to UK law. The UK has no
plans to withdraw from the ECHR.
It states that in areas where the devolved administrations and legislatures ‘have
competence’, such as agriculture and the environment, they are responsible for
implementing the common policy frameworks set by the EU.
In relation to overseas territories, it says the Government remains ‘committed to
engaging with the Crown Dependencies, Gibraltar and the other Overseas Territories
as we leave the EU,’ specifically in relation to free movement of agricultural goods
and derived products between the islands and the EU.
The UK remains a full member of the EU until Brexit, with the rights and obligations
of a MS;
Work to “correct” the UK’s current legislation will take place in advance of exiting
the EU, to ensure it is fully operational on the first day outside the EU.
Where new UK laws are passed, they will have primacy over EU-derived laws on the
statute books at the time of exit. However, where there is a clash between domestic
and EU-derived laws which both existed pre-departure, the EU law takes
precedence.
Conservative Party Election Manifesto
There were limited references to Brexit in the Manifesto but some points to note include:
“we will no longer be members of the single market or customs union but we will
seek a deep and special partnership including a comprehensive free trade and
customs agreement.”
“ We want fair, orderly negotiations, minimising disruption and giving as much
certainty as possible – so both sides benefit”.
“We believe it is necessary to agree the terms of our future partnership alongside
our withdrawal, reaching agreement on both within the two years allowed by
Article 50 of the Treaty on European Union.”
“The negotiations will undoubtedly be tough, and there will be give and take on
both sides, but we continue to believe that no deal is better than a bad deal for the
UK.”
Outcome of UK Election
Following the loss by PM May’s Conservative Party of its overall majority in the House of
Commons, the PM is now in the process of forming a minority Government, with the
support of Northern Ireland’s Democratic Unionist Party. She has reappointed most of her
senior Cabinet ministers to their existing portfolios, with the exception of Andrea Leadsom
in DEFRA, whom she has replaced with Michael Gove.
The emerging early consensus on the implications of the election result is that the hard line
Brexiteers are in a weaker position than they were before the election, and that the public
did not want the hard Brexit that PM May was advocating. Industry is already becoming
more vocal in favour of a softer Brexit since the election, and the idea of the UK staying in
the Customs Union is being seen as a credible way of preventing the UK from “heading off
the cliff”.
Although there is still some uncertainty, it appears likely that the first round of negotiations
with the EU will go ahead as planned in the week commencing Monday 19 June. Michel
Barnier will report in this regard to the European Council on 22/23 June.
Topical Issues - Marine Area
Brexit
Brexit poses a potential enormous threat to the Irish Seafood industry. On average, over
one third of our current landings are from inside the UK zone. While some benefits may
accrue in terms of increasing market share in EU Member States, overall these will be offset
by three main threats – loss of access, loss of quota share and displacement –as well as a
high level of uncertainty in the short term.
On average, 34% of the Irish landings are taken from UK waters.
For some of our most important stocks (Mackerel (64%), Prawns (42 %) the figures are
even higher.
13% of our Seafood is exported to the UK
A worst case scenario is that the UK would seek to increase its current quotas to match
the amount of fish currently taken by non UK vessels in the UK zone. This would lead to
serious over exploitation of stocks at everyone’s expense.
France, Germany, Netherlands, Belgium, Sweden, Spain and Denmark all face similar
problems and are working together to support a common platform in the negotiations.
Seafood exports
The seafood sector offers huge potential for expansion as global demand for seafood as a
healthy premium protein increases. Over the next decade, consumption is projected to
grow by 42 million tonnes per annum according to the FAO as the world population is set to
reach 8 billion by 2025. It is clear that a huge expansion in food production, including
seafood, will be required world-wide to meet this need.
Over the last 6 years, the performance of the Irish seafood industry in export markets has
been very positive. Total seafood exports have increased in value terms by 51% between
2010 and 2016. This is against a backdrop of a decrease in export volumes of 10% over this
same period. These figures reflect a jump of 67% in average unit export prices reflecting the
strength of demand for Irish seafood in export markets.
EU Points System for Licence holders and masters of fishing vessel
Since January 2012, new controls are in place involving allocating points for serious
infringements leading in some cases to a master being suspended for a period of time.
2014 secondary legislation implementing a points system for licence holders was
successfully challenged in the High Court. The State has appealed the judgements to the
Supreme Court – hearing dates of 3 and 4 October 2017 have been confirmed.
Following the advice of the Attorney General Office, a new amended legal instrument to
implement the points system for licence holders was put in place in March 2016 which
took on board, to the extent possible, issues of concern in relation to procedures and
process which had been highlighted in the High Court cases. The 2016 SI has not yet
been operationalised.
The Office of the Attorney General also advises to introduce primary legislation to give a
sound legal basis to a scheme that implements the points system for licence holders and
further legal advice has been sought. Primary legislation is also required to implement a
points system for masters of fishing vessels.
A Pilot infringement case has been taken against Ireland in respect of the Masters Points
System. The case has now expanded to include the points system for licence holders.
There are also significant implications with regard to the release of funding under the
European Maritime and Fisheries Fund (EMFF) since the operation of a points system is a
pre-condition for the release of funding.
Landing Obligation/Chokes
The landing obligation (also referred to as the ‘discards ban’) was introduced as part of
the reformed Common Fisheries Policy (CFP). The landing obligation is a legal
commitment and it must cover all quota species by 1 January 2019. The concern is that
the landing obligation could “choke” some mixed fisheries whereby a fishery is closed as
soon as the quota of one of the stocks in the catch has been exhausted. In order to
assist with the rollout of the landing obligation and to understand the issues for our
fleet, the Department and marine agencies have actively engaged with industry through
a number of assistance and outreach measures, including hosting workshops and
delivering presentations around the country.
The next phase of work is to explore in detail by sea basin what measures can be taken to
avoid choke situations and in particular to try and identify those species which will still
present a choke danger even after all possible options have been applied. It will be
essential to find solutions that prevent the development of “choke” situations.
Voisinage
Following the ruling by the Supreme Court on 27 October 2016 in the “Barlow 2” case
fishing by Northern Ireland boats within the 0 to 6 nautical mile zone of the territorial
waters of the State under long-standing Voisinage arrangements is not currently
provided for in domestic law. Northern Ireland boats currently do not have access to
fish for mussel seed in Ireland. Access continues to be accommodated for Irish sea-
fishing boats to fish within the Northern Ireland 0 to 6 nautical mile zone.
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xxxxxxxxxx Irish sea-fishing boats cannot be authorised to fish on behalf of aquaculture
farm sites not based in this jurisdiction. This has implications for the management of the
mussel seed fishery.
The Sea-Fisheries (Amendment) Bill 2017 and the associated memorandum, was
published and circulated on 13/02/2017 (Bill Number 19 of 2017). The Bill is currently in
the Seanad at Committee stage. The Bill is intended to provide a legal basis for the
access aspects of the arrangements; further measures to apply conditions on the access
equivalent to those with which Irish sea-fishing boats must comply will be required by
means of regulations.
Other Issues
EU infringement proceedings have been initiated in relation to health standards applied
to scallop being brought to market in Ireland.
The Report of the Independent Aquaculture Licensing Review Group was received on
31 May 2017. Recommends 30 actions for implementation to improve the licensing
process.
Haulbowline Island Remediation Project is set to intensify with the aware of a contract
for the controversial East Tip disposal site expected to be signed in the coming weeks.
Trade Missions
We are currently working with Bord Bia and Enterprise Ireland to finalise the arrangements
for a trade mission to the US and Mexico for the week beginning 19th June. It will feature
extensive trade contacts as well as political discussions with counterparts in the both
countries. (See Appendix 1 for draft itinerary)
These missions serve to enhance and improve our existing levels of market access in these
regions. They also help to promote Ireland’s reputation as a producer of high quality, safe
and sustainably produced meat and dairy products.
A range of other destinations are being considered for the remainder of 2017, although no
decision has yet been made in terms of content or timing. Again, markets in Asia and Africa
are likely to feature prominently in these considerations.
Free Trade Agreements
Mercosur (Brazil, Argentina, Paraguay and Uruguay)
These talks were in suspension for a number of years, but political developments in late
2015, particularly in Argentina, generated a new momentum from the Mercosur side to
make progress. A number of EU Member States, including Ireland, have consistently raised
concerns with the European Commission about the negative impact that an agreement with
Mercosur is likely to have on the EU’s agricultural sector, particularly in the beef sector.
A draft offer circulated by the Commission to Member States in April 2016 contained a tariff
rate quota (TRQ) for beef of 78,000 tonnes, broken down into 39,000 tonnes of fresh
(including high quality) beef and 39,000 tonnes of frozen beef, including for processing.
Ireland worked very closely with other Member States in both Agriculture and Trade
committees of the EU, and at Council of Ministers level, seeking to have this TRQ removed
and to have a comprehensive assessment of the cumulative impact of other Free Trade
Agreements on the agriculture sector carried out by the Commission before any substantial
offer is made. Following this intense lobbying, the Commission decided to exclude a TRQ for
beef when it exchanged offers with Mercosur on 11 May 2016.
While the removal of the TRQ is a welcome development, there is a need for continued
vigilance in relation to the conduct of these trade negotiations. We will also ensure that the
timing and content of any beef TRQ offer is handled appropriately, and in a manner that
safeguards the interests of the Irish and European beef sector in particular, taking into
account the Commission’s cumulative impact assessment of trade agreements (see below).
The first round of negotiations in October 2016 included a general exchange of views on the
respective market access offers. The next round was held in March 2017 in Buenos Aires,
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A third round of negotiations will take place in Brussels in July, following an inter-sessional
meeting in Buenos Aires in late May. France, supported by Ireland and some others, have
tabled an aob point for Council on Monday 13th June requesting that the talks should not be
progressed further until member states have had an opportunity to assess the impact of any
any offers proposed.
EU-JAPAN
There has been 19 rounds of negotiations so far with the most recent being held in Brussels
during the week of the 15 May 2017. While a full report has not yet been issued it is
expected that after this meeting, 50% of chapters will be considered closed. Xxxxxxxxxxxxxx
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Ireland is fully supportive of the EU position in these trade negotiations and would support
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CAP Reform
CAP Post-2020
Discussions on the future of CAP Post-2020 have been afoot since the middle of 2016 at
many fora including an Informal Council in May last year hosted by the Netherlands
Presidency, an Informal meeting of Agriculture Ministers hosted by the French Minister in
September, followed by the European Conference on Rural Development in Cork. The
future orientation of CAP was also discussed at the Agricultural Outlook Conference in
Brussels in December 2016 and it gave a good overview as to the Commission’s thoughts on
CAP post 2020 with Commissioner Hogan identifying three key principles that the future
must achieve – greater market resilience, more sustainable agricultural production and
progress on generational renewal.
Since then, the Commission launched its public consultation process (modernising and
simplifying the CAP) on the future of CAP post 2020 on the 2nd February 2017 and which
closed on the 2nd May 2017. The Commission will now hold a stakeholder conference on the
7th July 2017 in Brussels, which will feed into a Commission communication on the future
shape of CAP post 2020 in late November / early December 2017.
The Commission is considering five possible policy options for the future design of CAP, as
outlined in its Inception Impact Assessment, also published on the 2nd February 2017. The
draft options are:-
1. Maintain current EU farm rules;
2. Full liberalisation – removal of CAP support and “globally integrated food markets”;
3. Shift from area-based payments towards rural development and risk management
tools;
4. Area based payments as leverage to achieve economic and environmental benefits
in a simplified way;
5. Radical overhaul focusing on small-holders, environmentally-friendly farms and local
food.
Ireland’s views
One of the key challenges facing CAP post 2020 will be to facilitate an increase in food
production levels by up to 70% by 2050 in order to meet the requirements of a growing
global population, while at the same time facilitating adaptation to climate change and
mitigation against further change. Other challenges include the need to implement modern
and innovative measures to help mitigate the impact of increased global market volatility on
farmers’ incomes; the need to more effectively promote and support generational renewal;
and, the need to sharpen the focus on outcomes and to reduce the regulatory and auditory
burdens on Member States and farmers as they implement measures to achieve these
outcomes. However, in order to address these challenges, it is important that a strong CAP
budget is maintained.
We believe the CAP has evolved considerably and effectively in recent years in response to
changing market, consumer and environmental demands to address the challenges set out
above. It also plays a central role in delivering the smart, sustainable and inclusive growth
sought under the Europe 2020 strategy. However, the challenges are ongoing and relentless
especially on climate change, with the result that continued and ongoing funding is
paramount.
A discussion on policy principles will not reach conclusions in the absence of clear
indications on financing, but it is too early to predict what the EU budget situation will be in
2018 or 2019 when CAP negotiations are fully under way. However, it is likely that there will
not be additional funds available for EU agriculture and it cannot be ruled out that beyond
2020 there will be less support available for the CAP.
Meat and Milk Markets
Price Volatility in international dairy markets
Price volatility will continue to be a feature of international dairy markets. The
Minister and DAFM will need to continue to work with industry, with other member
states and with the EU Institutions to consider how we can refine and improve
mechanisms to help farmers to cope with downward price cycles when they arise
(market support tools, flexible approach from banks, longer term fixed price
contracts from co-ops, futures markets, etc).
In spite of signals of market recovery in the sector, the situation remains somewhat
precarious and uncertain in certain product sectors, such as SMP, where intervention
stocks overhang the market and are acting as a drag on any prospective recovery for
this specific area. Developments here and in all sectors will therefore require
continued and detailed monitoring, with the conviction to act again should volatility
re-emerge more broadly.
IFA campaign for additional supports for Suckler Cows
The BDGP programme builds on the success of previous suckler schemes including
the €23 million Beef Genomics Scheme (BGS). €300m has been allocated for this
scheme from the RDP over the 6 year period of the programme.
In April 2017 the Minister announced the re-opening of the BDGP scheme for beef
suckler farmers who are not already members of the scheme. The scheme will be
known as BDGP II. Just under 1,900 applications were received by the Department
for BDGP II before the closing date for applications.
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Dawn/Dunbia proposed merger
The Department understands that Dawn Meats Group is to acquire Dunbia’s
operations in Ireland with a joint venture to be established in the UK comprising the
UK operations of both organisations.
This is a matter for evaluation by the relevant competition authorities. The proposed
takeover will be referred to the EU Commission and evaluated either there or by the
National Competition and Consumer Protection Commission.
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The Department is currently finalising proposals for refining the Pig Salmonella
Control Programme.
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China - Beef Access
DAFM has made significant progress towards opening the Chinese market for Irish
beef. The BSE ban in respect of Irish beef was lifted by the Chinese authorities in
early 2015. A subsequent systems audit by the Chinese authorities resulted in
generally positive feedback with a number of corrective items required.
A Protocol between Minister Creed and AQSIQ Minister Zhi Shuping, on the
Inspection, Quarantine and Veterinary Sanitary Requirements for Frozen Beef to be
exported from Ireland to China, was signed earlier this year.
Now that the Protocol has been signed DAFM has an obligation to ensure that
systems of integrity can be put in place to allow for certification. This includes an
evaluation of the relevant Chinese legislation, given references in the protocol to
compliance with Chinese legislation, a process that is underway but may take
DAFM/VPHIS a number of months. A veterinary heath certificate also needs to be
agreed with AQSIQ.
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have expressed an interest in exporting beef to China and have submitted
applications to DAFM for CNCA. However this visit has not been confirmed yet. Beef
exports cannot commence until all the necessary steps have been completed.
Food Safety/Animal Health Strategy
1. Antimicrobial resistance (AMR)
The rise in anti-microbial resistance (AMR) is recognised at global and European levels as
one of the greatest potential threats to human and animal health, with possible serious
consequences for public health, animal welfare and the agriculture and food sectors. The
advances achieved as a result of anti-microbial drugs are now seriously jeopardised because
of the emergence and spread of resistant strains of microbes, against which an increasing
number of such drugs are ineffective. AMR already represents a significant human health
threat and contributes to increased morbidity, mortality and healthcare costs. A National
Interdepartmental AMR Consultative Committee has been established to help co-ordinate
actions under a ‘One Health’ banner and actions are underway to reduce the level of
bacterial infections on farms, particularly in intensively reared animals, and to ensure that
antimicrobials are used prudently. The Department is working with the various stakeholders
in pursuit of these goals.
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4. Avian Influenza
In Europe, HPAI H5N8 was first confirmed on 26th October 2016 and in poultry on 3rd
November 2016 in Hungary. Since then 29 European countries have had outbreaks in
poultry and captive birds, and cases in wild birds. Although the number of outbreaks in
Europe has reduced significantly in recent weeks, cases continue to occur. In Ireland, no
outbreaks of H5N8 have been confirmed in poultry. A total of 12 cases were confirmed in
wild birds, in 10 locations in 6 counties (Wexford, Galway, Tipperary, Leitrim, Roscommon
and Cork). There have been no cases since 24 February 2017.
A number of protective measures were introduced in ROI during 2016 and 2017, to prevent
the spread of HPAI H5N8 from wild birds to Irish poultry flocks, including;
Housing and biosecurity controls which remained in place from the 23rd December
2016 to the 25th April 2017;
Activation of a dedicated Avian Influenza Telephone Helpline;
Implementation of a high level national and regional media and press campaign
Frequent communication with all relevant stakeholders
Advanced notice and requirement for bird gatherings
Publication of up to date informative Avian Influenza booklets and leaflets to the
Department website and distribution of same via regional networks;
Formation of a temporary, dedicated Poultry Registration and Update Unit to ensure
poultry registration data accurate and up to date.
Current risk - The last case of H5N8 in a wild bird in Ireland was confirmed on 24th
February 2017. Most of the waterfowl that migrated to Ireland during the winter will
have departed Ireland by the end of April (NPWS/BirdWatch Ireland). However flock
owners in Ireland are still being advised to be vigilant and to implement good biosecurity
measures.
5. New Johne’s Disease (JD) Programme
Animal Health Ireland (AHI) is currently making strenuous efforts to finalise a new J D
Programme taking account of developments in competitor countries. The new Programme
will take the place of the Pilot Programme which ran between the years 2014 to 2016. It is
envisaged that the new Programme will have 4 objectives as follows:
I. Enhance the ability of participating farmers to keep their herds clear of JD and to
reduce infection in their herds, if present.
II. Provide additional reassurance to the marketplace in relation to Ireland’s effort to
control JD.
III. Improve calf health and farm biosecurity in participating farms.
IV. Establish robust mechanisms to measure antimicrobial usage in participating farms and
monitor trends over time, with a view to optimising usage.
With a view to getting the new Programme up and running, DAFM has put forward a
number of options that include funding of 500k in respect of 2017 on a 60 (State) : 40
(Industry) ratio. DAFM has also promised funding for the years up to until 2021 on the basis
of increased industry contribution as time progresses.
It is anticipated that the main element of DAFM’s funding will go towards meeting the first
year testing costs for up to 1,500 dairy farmers. For their part, the dairy co-ops have offered
to fund the Knowledge Transfer element of the new Programme.
AHI has recently come forward with a fresh proposal that differentiates between test-
positive and test-negative herds that incorporates the remaining elements of the
Programme viz on-farm risk assessments and a targeted Advisory sessions - the latter are
funded under the RDP 2014 – 2020.
It is hoped that the JD Implementation Group, made up from the various industry
Stakeholders including the Department, can reach an early agreement on the various
elements of the new Programme.
6. Launch of National Farmed Animal Health Strategy (NFAHS)
Last Autumn Minister Creed announced a public consultation on a document entitled “A
National Farmed Animal Health Strategy”. The consultation process is now over and the
finalised strategy document is now ready to be launched. Heretofore, no one single
repository document existed in the animal health area. The strategy acknowledges that
livestock production is at the core of our agri-food industry and makes a very significant
contribution to our regions.
The creation of a national strategy will guide and provide a framework for the development
and implementation of policies and programmes towards making a lasting and continuous
improvement in the health of farmed animals in Ireland. In turn, it will provide direct
benefit to farmers, industry and the economy, while also giving greater protection to public
health with reduced risk from zoonotic diseases and less recourse to antibiotics. The
environment will also benefit as a result.
In order to achieve its aims, the strategy is guided by 4 key principles:
Working in partnership – ensuring the views of all relevant stakeholder are taken
into account.
Acknowledging roles and Responsibilities – the aim being that the specific roles and
responsibilities of Government and other stakeholders will be published.
Reflecting Costs and Benefits - with clarification of the role of Government regarding
financial supports for animal health.
The application of the principle that ‘prevention is better than cure’, thus seeking
to change the focus from one of post-event response to the management/treatment
of disease that promotes animal health as a driver of optimised production.
The launch of this policy initiative is coming at an important time for Ireland’s agriculture
sector as it responds to abolition of milk quotas, an increased global demand for meat
and the huge challenges posed by Brexit.
CLIMATE CHANGE
EU 2030 Climate and Energy Framework
Ireland’s target under the recent Paris Agreement is part of the EU target of an “at least 40%
reduction in domestic greenhouse gas emissions compared to 1990”, which was agreed at
European Council and presented to the United Nations Framework Convention on Climate
Change (UNFCCC) as part of the European intended nationally determined contribution in
March 2015.
As the push for agreement in Paris is now over, European focus has now turned to internal
negotiations on Member States’ share of the effort under the EU 2030 Climate and Energy
Framework.
The proposal for an Effort Sharing Regulation (ESR) provides a binding annual GHG
emissions target for Ireland of 30% below the 2005 level by 2030. While this is equivalent to
the proposed EU average target, it will be a challenge for Ireland.
The proposal is detailed in terms of national targets for each Member State and contains a
number of proposed flexibilities.
Under the proposal, Ireland has potential to use up to a cap equivalent to 5.6% of 2005
emissions (2.7 Mt CO2eq per annum) from LULUCF in order to meet its emission reduction
requirements, based on a combined contribution of net afforestation and cropland and
grassland management activities.
This flexibility should not be seen as an offsetting proposal but rather as an effort to
broaden the “toolbox” of abatement options available to achieve targets. This is particularly
the case for Member States where existing abatement measures are costly and action in the
LULUCF sector, that encourages removals and limits emissions, may present a more cost
effective option.
Ireland felt that the current rules under Decision 529/2013 should be the basis for
accounting for LULUCF post 2020 as they simultaneously provide the best recognition and
incentives for mitigation effort. However, the Commission’s LULUCF proposal uses a land-
based accounting system, which is consistent with the views of the other Member States
who voiced their opinion.
The move in the 2030 proposal to a land based accounting system over the Kyoto Protocol
accounting system (activity based) results in the potential credits from afforestation being
reduced from 4.5mt per year to 2.2mt.
Effort Sharing Regulation Process
The Maltese Presidency has proposed a compromise text. The Environment Council will
meet on 19 June to hear the present progress report and there will be a policy debate on
the two climate files. The purpose of this policy debate is an attempt by the Presidency to
have the outstanding concerns of Member States discussed with a view to finding the
common ground which will enable work ahead of the October 2017 Environment Council to
facilitate the agreement of a general approach.
The European Parliament ENVI Committee adopted its report on the ESR file on 31 May. The
ENVI Committee vote on the LULUCF proposal is scheduled on 22 June 2017. The plenary
votes on both proposals (LULUCF and ESR) are expected to take place in July.
The Climate Action and Low Carbon Development Act 2015
The Climate Action and Low Carbon Development Act 2015 provides a statutory basis for
Government policy on climate change. As required by the Act, the Department has
contributed agriculture and forest sector mitigation measures for input to the National
Mitigation Plan which is due to be presented to Government by 10 June. We are also
preparing adaptation plans for the agriculture and forest sector and for the marine sector.
These documents are being informed by scientific evidence and research findings. The plans
will specify the policy measures to be undertaken for both mitigation and adaption and will
be fundamental pillars of future national policy. Given its importance on food production
and economic grounds, the Irish agriculture sector must be in a position to anticipate and
adapt to the negative impacts of climate change, as well as looking to maximise the benefits
for the food production system.
Ammonia Emissions: Clean Air Package
Ireland is a Party to the Convention on Long Range Transboundary Air Pollution (CLRTAP)
under which certain transboundary air pollutants including ammonia are controlled. As a
member of the EU, implementation of the Gothenburg protocol is achieved through limits
set out in the National Emissions Ceilings Directive (NECD, 2001/81/EC & NECD, 2016/2284).
Ireland met its target for 2010 under the NECD, reducing to approximately 105kt relative to
the actual target of 116kt. In 2012, under a revised Gothenburg protocol, Ireland’s target for
ammonia emissions is a 0.5% reduction on 2005 levels by 2020 which equates to a value of
108.6kt of ammonia in 2020.
As Irish agriculture contributes 98.5% of national ammonia (NH₃) emissions, target
reductions are of concern especially in light of Food Wise 2025 projections. Reductions to
other air pollutants such as methane (CH₄) and fine particulate matter (PM2.5) will also need
to be monitored closely to ensure they have minimal impacts.
At the end of 2015, negotiations took place in respect of a revised National Emission Ceilings
(NEC) Directive culminating at the Council of the Environment Ministers in December which
saw Ireland successfully negotiating a reduction in our proposed ammonia target from -10%
to -5% (which equates to a ceiling of 104.5kt NH3), with equivalent total increase in the
particulate matter and Sulphurous emissions (SOx).
The new National Emissions Ceilings (NEC) Directive entered into force on 31 December
2016. Member States (with the Department of the Communications, Climate Action and
Environment, DCCAE, being Ireland’s lead Department) must transpose it into national
legislation by 30 June 2018. The main implementing measure is the National Air Pollution
Control Programme, which the Member States must produce by 31 March 2019.
Consideration of the national approach to implementing and delivering these targets will be
a central consideration of the national Clean Air Strategy. A public consultation on the Clean
Air Strategy was launched in March 2017 by DCCAE and closed on 28 April 2017.
Nitrates Action Programme (NAP) Review 2017
Ireland’s Nitrates Action Programme (NAP) is designed to prevent pollution of surface
waters and ground water from agricultural sources and to protect and improve water
quality. The quality of Irish water is among the best in Europe, agriculture is nevertheless a
key pressure.
Member States are required to review their NAP at least every four years. In 2017, the
Minister for Housing, Planning, Community and Local Government (DHPCLG) which is the
lead authority, assisted by the Department of Agriculture, Food & the Marine (DAFM)
embarked on a third review of Ireland’s NAP with the European Commission, with a view to
having in place by 2018 the fourth NAP which will run from 2018 to 2021. The further
objective is that, subject to approval of the fourth NAP, the agreement with the Commission
of the renewal of Ireland’s nitrates derogation for the period 2018 – 2021. The continuance
of the derogation, which allows more intensive farmers to exceed the 170 kg/ ha nitrogen
from livestock limit, is considered vital to achieve targets set out under Food Harvest 2020
and Food Wise 2025.
The NAP review process commenced in early 2017 with a bi-lateral with the Commission
and a presentation to the Nitrates Management Committee, with a focus on the most
recent water quality data. The process involves the setting up of an Expert review group
comprised of DHPCLG, DAFM, EPA and Teagasc to formulate a new Nitrates Action
Programme, as was the case in previous reviews
A public consultation took place in Q1 2017; 28 submissions were received which have been
reviewed and considered by the Expert Group, consisting of personnel from DHPCLG,
Teagasc, EPA and DAFM. These form the basis for proposals to the Commission for a new
NAP.
The next presentation to the Nitrates Management Committee, on Irish Agriculture and the
Nitrates Regulations, takes place in June; followed with a bilateral with the Commission on
the proposals for a new NAP.
The last presentation will be made in September. Subject to agreement with the
Commission on a fourth NAP, the vote on Ireland’s derogation application will be made at
the December Committee meeting.
Agreeing a new NAP and securing the derogation are priorities. Although having been
successful in all previous derogation requests, this review will be complicated by the recent
EPA report on Water Quality 2012 – 2015. Previous reports all revealed improvements in
water quality albeit a slow and gradual improvement. This report, however, reveals a
stalling of this trend of improvement, and indicates a slight deterioration in the water
quality of certain waterbodies.
Water Quality Information
Nationally, the Environmental Protection Agency has acknowledged the important role the
GAP Regulations play in the protection of water quality. The most recent EPA publication
available, which is yet to be published as the “Water Quality Report 2013-2015”, , indicates
an overall sense of a stalling in the improvement of water quality situation. Waterbodies
classified at good or high WFD quality status include:
69% of river channel length
46% of lake area
37% of transitional waters
76% of coastal waters
99% of groundwaters
Furthermore, the EPA has reported that the levels of Nitrogen and Phosphorus in Irish
rivers, groundwaters, transitional and coastal waters, have been mostly decreasing since
2007; the GAP Regulations came into force in 2006.
Departmental Initiatives to Protect and Improve Water Quality
Of the remaining waters that are not reaching good WFD quality status, diffuse pollution
from agriculture, along with municipal sources of pollution, is believed to be the cause. In
addition, it is acknowledged that implementation of the GAP Regulations baseline alone
may not be enough to protect High Status and other vulnerable water areas.
In order to address these issues, DAFM, in conjunction with DHPCLG, carries out a
comprehensive statutory review of the GAP Regulations on a regular basis; the next Nitrates
Review is currently underway in 2017. Findings from the ACP will contribute to informing
the Nitrates Review and to further enhancing the accuracy and effectiveness of the GAP
Regulations.
In addition, and following wide consultation by DAFM, the new Rural Development
Programme (RDP) has included supplementary measures which build on the progress made
by farmers under the GAP Regulations in protecting and improving water quality. Optional
measures for the protection of water include
the Green Low Carbon Agri-Environment Scheme (GLAS) which is a targeted agri-
environment scheme with a budget of €1.3 billion, and with 50,000 participants.
Farmers in high status water areas and other vulnerable water areas received
priority access into GLAS. 45% of GLAS actions are targeted at the protection and
enhancement of water quality, including compulsory nutrient management planning.
The Knowledge Transfer (KT) Programme is aimed at over 20,000 farms with the
objective of improving understanding of environmental and economic efficiencies
and the adoption of best practice including the good agricultural practice for the
protection of water.
Outputs-based Agri-Environmental Schemes including the Freshwater Pearl Mussel
Scheme and Locally-Led Agri-Environmental Schemes are also available for optional
farmer uptake.
Under the Targeted Agricultural Modernisation Scheme (TAMS) there are specific
schemes available relevant to the protection and enhancement of water including
the Low Emission Slurry Spreading Equipment Scheme (LESS) and Animal Welfare,
Safety and Nutrient Storage Scheme.
The Beef Data Genomics Programme (BDGP is targeted at the climate emissions
from beef farms, with consequential benefits of reducing losses of nutrients to
water.
Outputs-based locally led schemes such as the Burren Farming for Conservation
Programme and the RDP commitment to establish a Freshwater Pearl Mussel
scheme.
Scheme Inspections and Payments
Introduction
In the context of delivering the Direct Payment Schemes and Rural Development measures
the Department is required to carry out on-the-spot inspections on a number of farms
covering such issues as eligibility under the Scheme and compliance with Cross
Compliance/GAEC requirements, as set down in EU legislation.
Level of Inspections
The EU regulations governing the inspections under the MAIN Direct Payment Schemes are
as follows:
Basic Payment Scheme (BPS)/Greening/ANC/YFS/BDGP/SWS – 5% of beneficiaries
Cross Compliance – 1% of beneficiaries in relation to all cross compliance
requirements/standards. 3% of farmers in relation to Cattle identification &
registration requirements and 3% of farmers in relation to Sheep identification and
registration requirements, covering 5% of the flock.
In addition to the above inspections, Local Authority Nitrates inspections are carried out
annually, under the agreement between DAFM and the Department of Environment,
Community and Local Government.
2017 Inspections
The process to select the 2017 inspection cases is ongoing. To date the process has selected
some 1,650 Local Authority Nitrates inspections; some 6,600 Eligibility inspection cases of
which some 5,750 or 87% approx. will be undertaken by means of Remote Sensing; some
4,500 Animal (Bovine & Ovine) IDR inspections, of which 530 approx. have been ‘stacked’ on
Ground Eligibility inspections; some 1,350 Full Cross Compliance inspections and some 350
inspections under the new Sheep Welfare Scheme of which 30 approx. cases have been
‘stacked’ on Ground Eligibility inspections.
The selections to date will be reviewed when final 2017 populations across all schemes
become available so as to ensure that the regulatory requirement on levels of inspections is
being met. This may result in the above figures being amended. In addition, inspections for
schemes not yet selected, e.g. YFS will be completed.
The 1,650 Local Authority Nitrates inspections commenced in January. The Animal IDR
inspections commenced in April and will continue throughout the year. Full Cross
Compliance inspections will commence in June and will be completed throughout the year.
Eligibility inspections will commence in June.
Scheme Payments
Knowledge Transfer Programme
Under the new Rural Development Programme, 2014-2020 €100m is being provided to
support upskilling and training of farmers via Knowledge Transfer Groups. The scheme
design has been informed by the experience of previous Dairy Advisory Schemes and Beef
and Sheep Discussion Groups which concluded in 2015.
Participating farmers in Knowledge Transfer Groups attend meetings hosted by an approved
Knowledge Transfer Facilitator and complete a tailored Farm Improvement Plan.
Approximately 1200 Knowledge Transfer Groups comprising 20,000 farmers have been
established across 6 sectors – beef, dairy, sheep, tillage, equine, and poultry. Meetings have
taken place and work has commenced on Farm Improvement Plans. Inspections of almost
300 meetings have been completed with inspections of individual Farm Improvement Plans
to commence after the end of the scheme year on 31st July, 2017. The Knowledge Transfer
Programme is a three year programme, with payment issuing following successful
completion of each year. Year one payments are scheduled to commence in September,
2017.
Areas of Natural Constraints (ANC) Scheme
Payments commenced under the ANC scheme on schedule in September 2016. To date,
payments in excess of €202m have issued to 94,493 beneficiaries.
Beef Data and Genomics Programme
Payments for each scheme year commence in December of the relevant scheme year and
continue as participants achieve compliance. A budget of €52 m has been made available
for 2017. Total payments to participants to date amount to €84.3m of which €43.8m refers
to 2015 scheme year and €40.5 to 2016 scheme year.
Basic Payment Scheme
Ireland is among the earliest to pay the BPS in the European Union and commenced
payments on 17th October 2016. To date, 124,128 farmers have received payments totalling
€1.186 billion. This covers over 99% of eligible applicants.
There are very small numbers of applications for the BPS and ANC that have yet to be
processed for payment. As outstanding cases are processed and are cleared of any
outstanding error, they will be sent for payment.
Preparations for the 2017 ANC and BPS are well underway, with the closing date for receipt
of applications for these schemes having been the 15th of May. The Department
concentrated on again increasing the level of online BPS applications this year, with the
result that almost 114,000 applications (87%), were submitted online. EU regulations
require all applications for BPS to be online in 2018.
2016 Inspections Programme – Outcome
(i) Land Eligibility Inspections
The following table details the outcome of the 2016 Land Eligibility inspections. Some 87%
of these inspections were undertaken by Remote Sensing
Number Completed Number with No
Reduction
Number with
Reduction & Penalty *
7,034
5,974 (84.93%) 1,060 (15.07%)
* Includes cases where no payment due
The above data is based on the current position and will be subject to change as the
outcome of Review Requests and Appeals to Agriculture Appeals Office are finalised.
(ii) Full Cross Compliance Inspections
The following table details the outcome of the 2016 Full Cross Compliance inspections.
Number Completed Number of
Clear Cases
(no breach)
Number with
Minor
Breach*
Number with
Penalty
(Monetary
Sanction)
1,361 367 (26.96%) 445 (32.70%) 549 (40.34%)
* ‘Minor Breach’ refers to cases with minor non-compliances resulting in no monetary sanction/penalty
(iii) Animal IDR Inspections
The following table details the outcome of the 2016 Animal IDR (Bovine/Ovine) inspections.
Number Completed Number of
Clear Cases
(no breach)
Number with
Minor Breach*
Number with
Penalty (Monetary
Sanction)
4,536 1,730 (38.14%) 1,722 (37.96%) 1,084 (23.90%)
* ‘Minor Breach’ refers to cases with minor non-compliances resulting in no monetary sanction/penalty
(iv) Local Authority Nitrates Inspections
The following table details the outcome of the 2016 Local Authority Nitrates inspections.
Number
Completed
Number of
Clear Cases
(no breach)
Number with
Minor Breach*
Number with
Penalty (Monetary
Sanction)
1,454 969 (66.64%) 97 (6.67%) 388 (26.69%)
* ‘Minor Breach’ refers to cases with minor non-compliances resulting in no monetary sanction/penalty
The above data in relation to Full Cross Compliance, Animal IDR & Local Authority Nitrates
inspections is based on the current position and will be subject to change as outstanding
cases are finalised and the outcome of Review Requests and Appeals to Agriculture Appeals
Office are finalised.
Data on Financial Reductions as a result of Area Reductions/Penalties and Cross
Compliance Penalties following all categories of checks, i.e. administrative checks and
Inspections
2016 Basic Payment Scheme, Greening & Young Farmers
Number of
Eligible
Applicants
Number
Paid To
Date
Value of
Gross
Payments
Due
€
Value of Monetary
Deductions - Area
Over-Claim
Penalties
€
Value of
Monetary
Deductions –
Cross Compliance
Penalties
€
Value of Net
Payments
Issued to
Date
€
*
125,521 124,151 1.204 bn 269,145 (0.02%) 2,727m (0.22%)
1.199bn
The above data is based on applications processed to date. The value of payments, area
deductions and cross compliance penalties will change when the final entitlements position
is established. In addition the value of reductions/penalties may change as the outcome of
Review Requests and Appeals to Agriculture Appeals Office are finalised.
2016 Areas of Natural Constraints Scheme
Number of
Eligible
Applicants
Number
Paid To
Date
Value of
Gross
Payments
Due
€
Value of Monetary
Deductions - Area
Over-Claim
Reduction/
Penalties
€
Value of
Monetary
Deductions –
Cross Compliance
Penalties
€
Value of Net
Payments
Issued to
Date
€
*
100,769 94,493 202.233m 0.295m (0.15%) 0.168m (0.08%)
201.693m
The above data is based on applications processed to date. The value of payments, area
deductions and cross compliance penalties will change as further cases are processed to
finalisation. In addition the value of reductions/penalties may change as the outcome of
Review Requests and Appeals to Agriculture Appeals Office are finalised.
ANC Redesignation Project
Background The Areas of Natural Constraints (ANC) Scheme was introduced under the 2014 -2020 Rural
Development Programme as a replacement for the previous Disadvantaged Areas and Less
Favoured Areas schemes which had been in please since 1975. Currently over 75% of the
country is designated as constrained. The annual budget for the ANC scheme currently
stands at €202 million which is paid to approx 96,000 beneficiaries.
Re-designation Requirements Under the Rural Development Regulation each Member State must designate areas eligible
for payments under the Areas of Natural Constraints (ANC) scheme. The ANC scheme
replaces the previous Disadvantaged Areas Scheme / Less Favoured Areas Scheme. The
designation of eligible areas under these schemes to date has been based on a range of
socio-economic factors. Under the existing regulatory provisions, from 2018 eligible areas
must instead be designated using a set list of bio-physical criteria. In cases where a Member
State does not introduce this new system for payment, the old scheme remains in place but
payments must phase out on a digressive basis.
The biophysical criteria set out in the legislation to underpin the new system of designation
are:
Low temperature
Dryness
Excess soil moisture
Limited soil drainage
Unfavourable texture and stoniness
Shallow rooting depth
Poor chemical properties
Steep slope.
Current Position The Department has commenced work on this project, and relevant technical experts are
currently working on sourcing and analysing the data in relation to the new criteria.
Department officials have also been in contact with the Joint Research Centre (JRC) and DG
Agri in the EU Commission in relation to technical issues arising. This analysis will identify
areas deemed to be facing natural constraints, which will in parallel be subjected to a
refinement process. It is envisaged that stakeholders will be consulted as this process
develops.
Timelines and Proposed Regulatory Changes In the original Rural Development Regulation, the new ANC designation must be in place for
payment in the 2018 scheme year. This is the timeline DAFM has been working towards.
As part of the discussion on amendments to Regulations at EU level, Austria raised the
possibility of extending this deadline to 2019 on an optional basis. This proposal was
supported by Ireland along with Latvia, Slovenia, Poland, Luxembourg, France, Germany and
Slovakia. A number of other countries sought clarification.
This proposal is currently passing through the relevant approval process at EU level, along
with a number of other regulatory changes in what is referred to as the 'omnibus proposal.'
Knowledge Transfer Programme online systems
Under the Rural Development Programme, 2014-2020 €100m is allocated to support
upskilling and training of farmers via Knowledge Transfer Groups. The scheme design has
been informed by the experience of previous Department funded discussion groups as well
as best practice.
Participating farmers in Knowledge Transfer Groups attend meetings hosted by an approved
Knowledge Transfer Facilitator and complete a tailored Farm Improvement Plan.
Approximately 1200 Knowledge Transfer Groups comprising 20,000 farmers have been
established across 6 sectors – beef, dairy, sheep, tillage, equine, and poultry.
There are three sets of clients within the Knowledge Transfer Programme: farmers, advisors
and vets. Approximately 20,000 farmer participants are currently registered to Knowledge
Transfer (KT) Groups in six sectors. Three separate online systems are in ongoing
development to manage and record data related to KT Group meetings, Farm Improvement
Plan and Animal Health Measures. The KT online system is available around the clock both
during and outside of office hours.
DAFM has designed the Farm Improvement Plan and Animal Health Measures with
customised online systems built to support each of them. While these systems were
temporarily suspended for a short time last month to investigate an issue they have now
been re-activated for use by facilitators and vets.
The extension of the KT deadline to 31st July will allow facilitators and vets further time to
finalise actions for KT group participants. It is anticipated that payments in this scheme will
be made as scheduled for the autumn of this year.
Compensation for Cereal Growers
This document is withheld under Sections 29(1), 30 (1) (c) and 35(1) of FOI Act 2014
ICBF – Proposals for funding through tag levy
The ICBF was established in 1998 following a number of years of industry consultation
among all stakeholders in the cattle breeding industry.
The objective of the ICBF is to achieve the greatest possible genetic improvement in the
national cattle herd for the benefit of Irish farmers, and the dairy and beef industries, and its
own members, by collecting, collating and distributing available information and data of
practical and scientific interest, and by promoting the exchange of all such information and
data amongst breeders of cattle in Ireland.
The ICBF delivers a public good in the area of cattle breed improvements which is the
foundation of a profitable and sustainable dairy and beef herd.
The funding model used by ICBF for many years involved one-third of income coming from
farmers, one-third from service organisations and one-third from funding provided by the
Department through an annual grant block and project- targeted support for specific
developments. The State support was grounded in the fact that prior to the ICBF’s
establishment, animal breeding research was conducted by the Department itself. This
model has served ICBF well, placing the organisation as one controlled by farmers and for
the benefit of all farmers.
The voluntary Tag levy has been a critical funding source for ICBF over many years
constituting approximately 20% of core funding, or €900,000. Recent policy changes in
relation to the approval of tag suppliers in this country and changes in Tag order forms
resulted in a significant drop in levy collection and further reductions are expected.
Discussions on a possible solution have been on-going over the past number of months. The
Department has been working with ICBF and bovine tag providers in this regard. A solution
here would maintain the general principle that ICBF should be funded by revenue collected
across the sector which benefits from its work and the current funding model. This
approach has been broadly accepted by all including farming representatives and would
involve (if agreed by all tag suppliers) that the bovine tag supply companies would make a
contribution equivalent to the previous 38c per tag to ICBF.
Some progress has been made on this matter but discussions are still on-going.
Illegal Burning of Agricultural Land
Key Points
In accordance with Section 40 of the Wildlife Act, 1976 (amended by the Wildlife
(Amendment) Act, 2000, the burning of growing vegetation is not permitted
between 1st March and 31st August each year.
Recent incidences have identified that illegal burning of agricultural and forestry land
has been carried out causing an outbreak of serious fires in a number of counties. To
date approximately 450 herd owners have been identified as being affected by this
issue. This figure is likely to change as the Department’s investigation is progressed.
Land found to have been burned during the specified closed season for burning is
considered automatically as ‘ineligible land’ under the various support schemes.
Under EU Cross Compliance requirements, where an applicant is found, at inspection
or on receipt of a Cross Report from NPWS, to have been responsible for breaching
these requirements a penalty can be applied to payments due under these schemes.
The Department has always advised farmers to remove ineligible areas from their aid
applications. A number of issues now arise where the land was burnt through no
fault of the herd owner, either through the fire being illegally started by a third party
or the fire spreading to the herd owner’s land. In these circumstances, a
determination must now be reached as to how to proceed with these cases in terms
of area reductions and/or penalties, where applicable.
DAFM Investigation
The Department recently commenced a comprehensive examination of data and satellite
imagery received from a range of sources worldwide, e.g. EU Copernicus, US NASA,
Sentinel & Radar imagery and also imagery received from the Commission for use in
Remote Sensing controls. All of this data/imagery is received at no cost to the
Department.
The aim is to produce a single map from within the Department of areas recently
burned. This then can be shared with the other State Agencies such as NPWS and Coillte.
Detailed examination of this data/imagery will allow the Department to:
Produce a set of polygons that show the impacted land;
For each polygon the aim will be to identify when the fire started (if possible), the
area impacted (digitised area), the area being paid on by BPS/GLAS, etc. and forestry
(MEA);
Produce for each burned area a list of herds and parcels impacted.
As new sentinel imagery becomes available it will hopefully allow more certainty in the
process. There may be a need to undertake some ground inspections on the identified
burnt land to verify the accuracy of the data being generated.
This examination is a very complex process and will take a number of weeks to complete.
Each case will need to be examined on an individual basis to determine the position for
the land and the applicant concerned.
EU Regulations - Key Points
(i) Eligibility of Agricultural Land
Eligible Land for Area Aid schemes is land that is used for an agricultural activity
-Art 33 of 1307/2013
Land that was burnt outside of the legal period – i.e. burnt after 1st March – is
ineligible and should not be included in an application.
- Section 40 of the Wildlife Act, 1976 (amended by the Wildlife (Amendment) Act,
2000; and Article 32(2) of Regulation 1307/2013.
Administrative penalties are applicable where the ineligible portion of the area
within a claim is greater than 3%
-Article 63 of 1306/2013.
The Department is responsible to the EU Commission to administer the Area-based
Schemes in accordance with the EU Regulations and failure to do so exposes the
State to potentially huge overpayments as a result of audit.
(ii) Exceptions
a. Exceptions may be considered by the Department in respect of ineligible land
-Art 32.4 of 1307/13 – “Areas shall be considered to be eligible hectares only if they
comply with the definition of eligible hectare throughout the calendar year, except
in the case of force majeure or exceptional circumstances”. Similar is cited in Art 33.1
b. Exceptions may be considered by the Department in respect of administrative
penalties – Art 64(d) and Art 77.2(d) of 1306 – “ No administrative penalty shall
be imposed: ....(d) where the person concerned can demonstrate to the
satisfaction of the competent authority that he or she is not at fault for the non-
compliance with the obligations referred to in paragraph 1 or if the competent
authority is otherwise satisfied that the person concerned is not at fault”;
(iii) Burden of Proof
Force Majeure -Commission Notice C(88) 1696 advises that:
“a circumstance outside the control of (the applicant) is one which is beyond his
control in the broad sense (a natural disaster, a sovereign act, a wildcat strike etc)”;
“It should be noted...that the use of the expression ‘except in case of force majeure’
has the effect of imposing the burden of proving that such a case exists on the
(traders) who rely on it.
Since cases of force majeure are an exception to the legal rules, the standard of
proof required must be at least as high as that required on the modes of proof that
the obligation has been fulfilled. Consequently, incontrovertible documentary
evidence must generally be required”.
Land Eligibility – Area-based Schemes
Article 32(2) of 1307/2013 defines an eligible hectare as follows:
For the purposes of this Title, 'eligible hectare' means:
(a) any agricultural area of the holding, including areas that were not in good agricultural
condition on 30 June 2003 in Member States acceding to the Union on 1 May 2004 that
opted upon accession to apply the single area payment scheme, that is used for an
agricultural activity or, where the area is also used for non-agricultural activities, is
predominantly used for agricultural activities;
The 2017 Basic Payment Terms and Conditions define eligible land as “land that is used
for an agricultural activity”. An agricultural activity is defined as, inter alia, “maintaining
an agricultural area in a state suitable for grazing or cultivation without preparatory
action going beyond usual agricultural methods and machineries”.
The Department’s “Guide to Land Eligibility” document clearly states that land which is
burned is not eligible as it is not in a state suitable for grazing or cultivation and therefore
not eligible for payment under Basic Payment and the various other area-based schemes.
The Department recently advised all applicants under the Basic Payment Scheme and
other area-based schemes, who have submitted their 2017 applications, that they should
review their applications and identify if their application includes land which has been
burned in the closed period and consider removing this land from their application.
GLAS
Notwithstanding all of the detail above regarding BPS land eligibility and force majeure
that apply to land in GLAS, the specific provisions under the terms and conditions of GLAS
indicate
“Where a beneficiary is unable to continue complying with the commitment(s) given for
reasons beyond his/her control, a case may be made under force majeure and the
respective payment shall be proportionately withdrawn for the relevant year(s).
Reimbursement of support paid in previous years shall not be required and payment may
be continued in subsequent years.”
Reductions/Penalties
The relevant European regulations allow for penalties not to be imposed where the
applicant can demonstrate that he or she is not at fault for non-compliance. The
regulations also provide for exceptions in relation to the land eligibility requirements in
cases of force majeure and exceptional circumstances. However the Department is
constrained by European law which requires these exceptions to be interpreted
narrowly. In the case of the eligibility requirements it would be for the applicant to
demonstrate to the satisfaction of the Department that such exceptional circumstances
arise. This may require, where appropriate, the applicant to demonstrate that all
reasonable measures have been taken to prevent such damage. The Department will
examine every such case on an individual basis to determine if these exceptions are
applicable.
Furthermore, applicants under the Basic Payment Scheme and other area-based schemes
are obliged to comply with Cross Compliance which includes requirements in relation to
the burning of vegetation and the consequential damage to designated land. Where an
applicant is found, at inspection or on receipt of a Cross Report from NPWS, to have been
responsible for breaching these requirements, a penalty can be applied to payments due
under these schemes.
Approval of Glyphosate under the Plant Protection Products Regulation
A final decision on renewing the approval of glyphosate under the Plant Protection Products
Regulation (Regulation (EC) No 1107/2009) is due to be taken by the end of 2017.
The European Commission extended the approval of glyphosate for a limited interim period
in June 2016 to allow the Committee for Risk Assessment (RAC) of the European Chemicals
Agency (ECHA) to complete an assessment to provide the legal basis for the appropriate
chemical hazard classification of glyphosate in Europe. The RAC delivered its opinion in
March 2017 and concluded that glyphosate does not warrant classification as carcinogenic,
mutagenic or toxic for reproduction. This will mean that legally glyphosate does not meet
any of the substance non-approval criteria specified in Regulation 1107/2009. The RAC
Opinion was adopted by consensus with the full support of all members.
The RAC Opinion, which is expected to be formally submitted to the Commission by ECHA in
June 2017, will provide the Commission with a scientific basis to make a final proposal about
the renewal of glyphosate under Regulation 1107/2009. The proposal will be voted on by
Member State technical experts in a standing committee meeting, with a first discussion
possibly taking place during July 2017. If, when the process concludes, any further changes
to glyphosate authorisations in Ireland are necessary the Department will take the required
action.