In view of this summer’s inclement weather conditions and the resulting flooding, we have produced a bulletin to address some measures that have been announced by the Rural Payments Agency (RPA) with a view to lessening the impact of the weather upon the farming community.
1. Derogation from Cross-Compliance Regulations
In recognition of the problems faced by farmers in reconciling the need to continue farming in the face of current weather conditions as well as continuing to observe cross-compliance regulations, Secretary of State for the Environment Food and Rural Affairs (Hilary Benn) has made the following announcements:-
a. GAEC 3 – Waterlogged Soil
On 11 July 2007 DEFRA announced a derogation from the usual prohibition on the use of mechanical operations and motor vehicles on waterlogged soil. The intention was to enable farmers to bring in their crops from waterlogged fields without breaching cross-compliance regulations.
This derogation expired on 10 September 2007. However, DEFRA have announced that farmers still affected by waterlogged land may apply for individual exemptions up to 30 September 2007.
Guidance on the Rural Payments Agency Website (click here to read) suggests that exemptions will only be granted to those affected by exceptional weather conditions and in any event, are considered unlikely to be necessary after 30 September 2007.
The same requirements that applied in respect of farmers previously taking advantage of the general derogation continue to apply. They are expected to:-
i) keep such operations or use to a minimum; to
ii) refrain from undertaking actions that were likely to lead to long-term damage to the soil; and to
iii) record in their soil protection review details of:-
· any damage to the soil arising from use of the land during the period of derogation; and
· any action that the farmer took or intended to take in order to reduce or repair any damage caused to the soil.
Additional restrictions apply to the nature of vehicles that can be used upon heavy clay soils, with use of dual tyres, low-ground pressure tyres, cage wheels, half-tracks or special-purpose vehicles being recommended where possible.
b. GAEC 9 - Overgrazing and Unsuitable Supplementary Feeding on Natural and Semi-Natural Grassland
Farmers may for the time being use such land for the purpose of grazing animals where:-
i) exceptional conditions exist; and
ii) such grazing is necessary for animal health or welfare
If land is used for such purposes while exceptional conditions persist, record should be kept on the farmer’s soil review.
c. GAEC 12 – Land not in Agricultural Production
This land may be used in the same circumstances as referred to above in respect of GAEC 9. There is no requirement for the farmer in these circumstances to notify the RPA of any change to field codings.
Farmers can however opt instead to bring fields into agricultural production at any time and notify the RPA on submission of their SPS claim in spring 2008.
d. Set-Aside Land
The RPA have confirmed that farmers are to be permitted to allow grazing of 2007 scheme year set-aside land or for that land to be used for the production of hay or silage for their own use.
Although Wright Hassall understand that some or all of these derogations may well be automatic, we would advise any farmer intending to take advantage of them to notify the RPA that that is the case and to provide details of all affected field numbers.
2. State/EU Compensation?
It should be noted that following flooding events and other similar natural disasters in other EU Member States, the EU has authorized direct support or compensation payments to be made to affected farmers. The British Government have yet to make any suggestion that such state sponsored or EU support or compensation is likely to be forthcoming. However, in the event that this position should change in the future, farmers who have been affected by incidents of flooding or inclement weather are likely to be required to prove their losses before a compensation/support payment can be made. We would therefore recommend that any farmers so affected should endeavor to keep a full photographic record of lost crops etc… and copies of all documents and invoices relating to costs arising from the weather or flooding.
Should you require any further information or assistance, please do not hesitate to contact Paul Rice on 01926 880777 or James Leyland on 01926 883013.
