Inclusive of amendments of 30 September 2008, of 15 May 2009
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Mountain type land€109.71 per hectare on first 10 hectares or part thereof for cattle, sheep or goat enterprises or a combination of those enterprises, and €95.99 per hectare on remaining hectares, subject to an overall payment ceiling of 34 hectares. Target groupApplicants for compensatory allowances will be required to:
Payment will also be made in respect of land under energy crops subject to the following conditions:
In the case of applications covering land under energy crops, the following adjusted rates apply:
Target areaThe scheme will continue to apply to all the less favoured areas in Ireland, as first listed in Council Directive 75/272/EEC with subsequent reviews and amendments of the list contained in the Annexes to Directive 85/350/EEC, Directive 91/466/EEC and Directive/96/52/EEC as last amended by Commission Decision C (1999) 709 of 23 March 1999. This designation will apply until at least 2010. Financing
Quantified targets for EU common indicators
Natura 2000 payments and payments linked to Directive 2000/60/EC Legal basis Articles 36 (a)(iii) and 38 of Council Regulation (EC) No 1698/2005 Point 5.3.2.1.5 of Annex II of Regulation 1974/2006.
The legal basis for selection and designation of Natura 2000 sites is Council Directive 79/409/EEC of 2 April 1979 and Council Directive 92/43/EEC of 21 May 1992. These provide for the establishment of a network of protected areas throughout the European Community. In Ireland these sites are selected and designated by the National Parks and Wildlife Service (NPWS) of the Department of the Environment, Heritage and Local Government. These Directives were transposed into Irish law through the European Communities (Natural Habitats) Regulations 1997. The Wildlife Act of 1997 (as amended in 2001) is the main statute governing the protection of wildlife in Ireland and takes into account the Birds and Habitats Directives. As part of the designation process, a series of notifiable actions were developed which include a list of activities that may alter, damage, destroy or interfere with the integrity of the site. Landowners were advised of these notifiable actions, and must comply with the restrictions on them as part of cross-compliance under SMR1 and SMR5. NPWS develop Conservation Plans for these Natura sites, which outline the conservation issues and objectives for the management of the site. These Conservation Plans do not prescribe farming activities to achieve the conservation objectives, but are used for guidance when preparing farm plans under Natura and agri-environment measures. Support for farmers is necessary to help address specific disadvantages in the areas concerned with the implementation of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora28 in order to contribute to the effective management of Natura 2000 sites. Objectives of the measure To contribute to positive environmental management of farmed Natura 2000 sites and river catchments in the implementation of the Birds Directive, the Habitats Directive and the Water Framework Directive Beneficiaries Farmers actively farming designated Natura 2000 sites Scope and actions To compensate farmers with utilisable agricultural land in designated Natura 2000 sites for the mandatory restrictions related to the designation. To put in place a management plan outlining farming activities which are compatible with the protection of the site. Natura is classified into two land types in Ireland and will be delivered under two themes:
A minimum stocking density of 0.15 livestock units per hectare is required as a condition of eligibility. In exceptional circumstances this minimum stocking density requirement may be dispensed with where it is necessary on grounds of environmental sustainability. Demarcation with Pillar I Article 68 Burren Farming for Conservation Scheme (BFCS) Measure 1 of BFCS relates to Production of Species Rich Limestone Grassland, Measure 2 relates to Site Enhancement Works and Measure 3 relates to Protection of Designated land and other areas of Annex1 Habitat. Beneficiaries under the Burren Farming for Conservation Scheme (BFCS) may as an exception receive support under this measure in the first instance in respect of Measure 3 of the BFCS. This exception is granted for budgetary reasons. Both beneficiaries who are currently under contract under this measure and new entrants, will be paid under this measure. Administrative Rules
1. Privately-owned Land with Natura designation Objective To provide a comprehensive approach to the conservation of privately-owned designated Natura 2000 sites. Scope and actions This payment is justified by the mandatory requirements placed on the farmer as a result of the Natura designation, i.e. compliance with the restrictions on notifiable actions as defined above. To be eligible for this payment, farmers must also undertake additional voluntary commitments under the agri-environment measure, REPS, provided for under Article 39. The restrictions on notifiable actions resulting from Natura designation are separate and distinct from the voluntary commitments under agri-environment, and no action will be eligible for both payments. Relevant baseline GAEC/Cross compliance requires a farmer to comply with the mandatory notifiable actions for Natura 2000 sites which are designated under Directives 79/409/EEC and 92/43/EEC. While these notifiable actions restrict changes in land use of the site, they do not outline the management practices necessary to conserve the site. GAEC does not require the engagement of an environmentalist for the management of these sites. Core actions Participants in this Measure must comply with the mandatory requirements for Natura 2000 sites, which comprise notifiable actions (Details set out in Appendix 2) communicated to the farmer in the designation process. In addition, in order to meet the requirements under this Measure, farmers must engage the services of an environmentalist to provide advice on appropriate farming practices compatible with the conservation of the site. Compliance with the restrictions on these notifiable actions and the engagement of an environmentalist are in addition to the requirements of the agri-environment measure under article 39(a) (iv). (These Natura designated sites are not farmed in isolation but are part of the farm holding and the management practices of the whole farm. Ireland requires an integrated farm plan embracing Natura 2000 and Agri-environment requirements.) To ensure a uniform approach in the delivery of the Natura element of farm plans giving effect to the restrictions on notifiable actions, farming conditions for the following habitat types have been developed and must be complied with:
For other habitat types in designated areas for which specific farming conditions have not yet been developed, the planner must contact the National Parks and Wildlife Service (NPWS) section of the Department of the Environment, Heritage and Local Government for instructions on any conditions appropriate to the site, and must incorporate any such conditions into the Natura element of the farm plan. If specified conditions have not yet been determined by NPWS for specific habitat types, the planner must set down appropriate environmental conditions in the individual farm plan, in consultation with the environmentalist. Amount €66 per hectare up to 40 hectares; €25 per hectare on next 40 hectares; €18 per hectare on next 40 hectares and €5 per hectare for each hectare above 120 hectares. The payment structure for this Measure, and for the Organic Farming and Agri-Environment Measures is degressive. This has been an accepted feature of Ireland’s previous programmes and is designed to ensure the best use of considerable but limited funds and to maximise the engagement of the farming population with environmentally friendly farming practices. The payment structure reflects the fact that the marginal effort and cost required to meet the requirements of the scheme will in most cases diminish with farm size (economies of scale) as will the environmental benefits per hectare (diminishing returns in terms of environmental effort). The mid-term evaluation of the programme will consider, inter alia, the effect of this payment structure on demand for these Measures among farmers with larger holdings. Participants must carry out the full range of Actions set out in the agri-environment measure (Measure 214) on the same land parcels. Therefore the Natura payment is cumulated with the agri-environmental payments. Follow up Compliance will be checked during on-farm audits, and non-compliance will result in application of penalties. These Natura 2000 sites are also subject to additional monitoring and checking in accordance with cross-compliance provisions relating to the Birds and Habitats Directives. 2. Lands farmed in Common (Commonage land) with Natura designation Objective To provide a comprehensive approach to the conservation and/or regeneration of designated commonage land Scope and actions This payment is justified by the mandatory requirements placed on the farmer as a result of the Natura designation, i.e. compliance with the terms of the Commonage Framework Plan(s) applying to his/her holding. Following guidance from the European Commission in 1997 when Ireland identified weaknesses in the management of commonage land, consisting mainly of overgrazing by sheep, a framework plan was prepared for each commonage in the state–some 4,300 plans in all. Approximately 450,000 hectares of commonage land was surveyed by specially trained teams to identify the condition of the land and prescribe necessary actions for environmental sustainability. Each Framework Plan includes the following: —
On Natura commonage, full compliance with the terms of the Framework Plan is mandatory. Under the Natura measure, the farmer must engage both an approved planner and an environmentalist in the preparation of a farm plan for Natura 2000 commonage. The framework plan sets out the environmental condition of the commonage and appropriate agricultural activity to ensure environmental sustainability, including, where necessary, a reduction in the grazing pressure to be achieved by reducing sheep numbers. Approximately 60 per cent of commonage land designated under Natura 2000 is subject to mandatory Natura 2000 restrictions on notifiable actions. To protect against the possibility of the submission of payment claims in respect of dormant commonage shares, eligibility for payment will normally (exceptions in the case of inheritance, setting up young farmers and transferees under the Early Retirement Scheme) be restricted to commonage shares declared on IACS in the five years preceding the date of the REPS application. Relevant baseline Farmers must abide by the restrictions on notifiable actions for the retention of Natura 2000 habitats. GAEC also limits the maximum number of stock a farmer can maintain in line with the information outlined in the relevant Commonage Framework Plan. GAEC does not, however, require a management regime for the grazing of animals, e.g. periods of grazing and limits on numbers of grazing animals to a specific site. Core Actions Within the overall framework plan, each active shareholder is allocated a grazing entitlement, pro-rata to the share he or she has been actively using on the commonage.
Farmers must abide by the restrictions on notifiable actions (see appendix 2) for the retention of Natura 2000 habitats, which are eligible costs under Measure 213. In addition to abiding by the GAEC requirement to implement the reduced stocking requirement set out in the relevant Commonage Framework Plan, farmers must implement sustainable farming practices, prepared by the approved planner and environmentalist, which contribute to the maintenance of the habitat and avoidance of land abandonment. This may require a farmer to maintain a sheep flock that is economically unviable. As these designated Natura commonage sites are not farmed in isolation, but are part of the larger farm holding and the management practices for the whole farm, Ireland requires participants to have an integrated farm plan embracing Natura 2000 and agri-environment requirements on the non-designated area of the farm. To ensure a uniform approach in the delivery of the Natura element of farm plans giving effect to the notifiable actions, farming conditions for the following habitat types on commonages have been developed and must be complied with:
Amount €242 per hectare up to 40 hectares, €24 per hectare on next 40 hectares. €18 per hectare on next 40 hectares and €5 per hectare for each hectare above 120 hectares. The payment on the first 40 hectares exceeds the amount in the Annex and is justified on the basis that agri-environment payments cannot be cumulated with the Natura 2000 Commonage payment on the same land parcel and that the farming conditions the farmer is required to follow were established prior to the commencement of this programming period by an assessment of the commonage land (the commonage framework plans) by qualified agricultural and environmental professionals. This payment is also justified to protect against land abandonment in these peripheral areas where commonage is found. Follow up Compliance will be checked during on-farm audits, and non-compliance will result in application of penalties. These Natura 2000 sites are also subject to additional monitoring and checking in accordance with cross-compliance provisions relating to the Bird and Habitats Directives. Description of the methodology and the agronomic assumptions used as reference point for the calculations justifying additional costs and income foregone resulting from the disadvantages in the area concerned related to the implementation of Directives 79/409/EEC and 92/43/EEC The calculation of the Natura 2000 payment does not include any transaction cost element and is set out in Appendix 3. In duly justified circumstances where it is shown to the satisfaction of the competent authority that the Natura 2000 payment does not fully compensate the farmer for actual losses and the cost of compliance, an additional payment may be made under a National Scheme operated by the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government in the form of a state aid. Evidence as referred to in article 48(2) of the implementing rules allowing the Commission to check consistency and plausibility of the calculations The costings have been independently verified by Teagasc. With effect from 15th July 2009, the rates payable will be reduced by 14%. With effect from 9th July 2009, this scheme was closed to new applicants. Financing
Transition arrangements (including estimated amount) There are no transition arrangements. Quantified targets for EU common indicators
Additional Natura indicators
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