Agricultural Land Eligibility and Advisory System 2019

1. Land Eligibility • Farm Advisory System • Training 2019 • Philip Blackwell • Integrated Controls Division

3. Overview Land Eligibility Principles Ineligible/eligible features Maximum Eligible Area Article 32 Inspections

4. Land Eligibility What Land is Eligible? The land must be “agricultural area”, i.e. land which is available and suitable for agricultural production 2. The vegetation must be “grazable” 3. There must be evidence of an “agricultural activity” or maintenance on the parcel

5. Agricultural Area Areas taken up by arable land, permanent grassland or permanent crops Arable land includes fallow land and greenhouses and tunnels with earthen floors

6. Raised bogs (midland bogs) and blanket bog which is too wet for animals to access including areas where animals are not fenced out Marshy/swampy areas etc. where animals do not access be they fenced or not Where part of a parcel redline out as 100% ineligible • Non Agricultural Area

7. Non Agricultural Area Areas predominantly used for non agricultural activity such as sports pitches, golf courses, fenced off horse racing facilities, horse riding school jumping areas, amenity areas around houses, towns and villages, etc.

8. Raised Bog

9. Non Agricultural Area • Will not support animals or machinery

10. Non Agricultural Area • Will not support animals or machinery

11. Abandoned Land Abandoned land is land which is “agricultural area”, however; It is not maintained in a state suitable for grazing or cultivation..... No agricultural activity. It could be eligible again if farmed. Evidence of abandonment include no animal tracks, no evidenced of traffic around water points or bridges, hedgerows growing in over gates, bottom bar of gate covered in grass, etc.

12. Abandoned Land

13. Abandoned Land

14. 2. Grazable Vegetation Grasses self-seeded or sown and other herbaceous forage including rushes Includes grazable trees and shrubs such as heather The non grass and herbaceous species such as heather can dominate the area

15. Non Grazable Vegetation Normal scrub such as whitethorn, blackthorn, dense briars, etc. Bracken/fern is not grazable but grazable vegetation underneath can make area eligible, see booklet. Gorse

16. Grazable Vegetation Why can rushes and heather be accepted as eligible and not scrub, gorse or ferns? Rushes and heather are grazable by farm animals. Topping or burning will lead to new growth which is grazable and acceptable under the definition of permanent pasture (Article 4 1(h) Reg 1307/2013). Scrub, furze and ferns in Ireland are never grazable.

17. 3. Agricultural Activity production, rearing ……………………. etc. maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries, based on criteria established by Member States……… carrying out a minimum activity…..etc.

18. Agricultural Activity What does this mean? Prevent the encroachment of scrub/gorse Prevent the development of new scrub Maintaining hedgerows Maintaining drains Where land is designated SAC, SPA or WFD must adhere to the management requirements

19. Usual Agricultural Methods and Machineries • 1. Topping • 2. Mulching

20. Usual Agricultural Methods and Machineries • 3. Spraying • 4. Burning

21. Hedgerows and Land Drains Hedgerows and Land Drains are Eligible

22. So what must be deducted?

23. Lakes and Ponds

24. Rivers and Streams

25. Internal Roads

26. Dense Scrub

27. Encroachment from hedgerows

28. Marshy or Very Wet Areas

29. Fenced off Areas

30. Ferns Ineligible where no grass underneath and not being accessed by grazing animals

31. Burnt Land

32. Scattered Scrub Make appropriate % reduction for scattered Scrub

33. Exposed Rock

34. Maximum Eligible Area

35. Maximum Eligible Area Maximum Eligible Area (MEA) is the payable area Digitised Area – Ineligible features = MEA Ineligible features dense scrub, buildings etc (100%) scattered scrub or rock in grassland (Estimated %)

36. Removing Ineligible Features Parcel Boundary (Digitised Area) Dense scrub 100% Fenced off area 100% Scrub/Rock 5% Farm Road 100% Scrub 40%

37. Pro-rata Table

38. X01- 60% Reduction – Scrub 0.14 Ha MEA Calculation Example X02- 20% Reduction – Scrub 0.01 Ha X03 - 100% Reduction- Fenced off & not accessed 0.41 Ha

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

40. Digitised area of parcel 2.70ha 1. Deduct X03 (100% ineligible) 2.70ha - 0.41ha = 2.29ha 2. Total of X01 & X02 (60% & 20%)ineligible areas (0.14 +0.01) = 0.15ha 3. Reduction percentage 0.15/2.29 x 100 = 6.55% 4. 6.55% is in reduction Coefficient category 1 and reduction = 0% Maximum Eligible Area (MEA) = 2.29 ha MEA Calculation Version A

41. Digitised area of parcel 2.70ha 1. No 100% deductions to subtract = 2.70 ha 2. Total of X01, X02, X03 (60%, 20% & 60%) ineligible areas (0.14 +0.01+ 0.25) = 0.40 ha 3. Reduction percentage 0.40/2.70 x 100 = 14.6% 4. 14.6% is in reduction Coefficient category 2, Reduction = 20% Maximum Eligible Area (MEA) = 2.16 ha MEA Calculation Version B (X03 now 60%)

42. Estimated Deducted Area Table Prohibits odd number % reductions (e.g. 64%)

43. Scrub area X01 3.58 ha @ 60% X02 0.86 ha @ 100%

44. X02EDA 40% X01 EDA @ 100%

45. FAS Nov Dec 2012 Eligibility and GAEC Natura 2000 and Water Framework Directive

46. Designated Areas Special Areas of Conservation (SAC) Special Protection Areas (SPAs) Farmers with designated land must Comply with certain conditions Actions Requiring Consent (ARCs)

47. Article 32 1307/213 Any area which gave a right to payments in 2008 under the single payment scheme ...which no longer complies with the definition of eligible hectare as a result of the implementation of the Habitats Directive, The Birds Directive and the Water Framework Directive.

48. Article 32 Application Where areas have become ineligible, these areas will remain payable provided that; The area was declared on a 2008 SPS application form The area was eligible to draw down payment in 2008 The applicant who declared that land was paid under the 2008 SPS The designation relates to grazing land The scrub/gorse which has established since 2008 is due to the farming restriction imposed by the designation

49. Article 32 This article applies to “agricultural area” only Applicant must continue to farm the land in compliance with the designation Scrub/gorse present in 2008 will continue to be ineligible Rock continues to be ineligible

50. Check Maps from 2008 to check for existence of ineligible feature e.g. scrub/gorse Example A Parcel in 2008