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2021 Single Application Rules Booklet

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2021 Single Application Rules Booklet 2021 Single Application Rules Booklet Basic Payment Scheme (BPS) Redistributive Payment Young Farmer Payment National Reserve Entitlements Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 Contracts Glastir Advanced (GA) Glastir Organic (GO) Improved Land Premium (ILP) Glastir Woodland Creation Premium (GWCP) Glastir Woodland Creation Maintenance (GCM) Glastir Woodland Creation Premium (GCP) Important Notice: Important Notice: It is essential that you read and understand this booklet if you intend to applyIt isfor essential any of these that youschemes read andin 2021 understand. this Booklet if you intend to apply for any of these schemes in 2016. February 2021 The Welsh Government produces this booklet in Welsh and English as required under the Welsh Government Welsh Language Scheme. Disclaimer This booklet explains the rules of the Single Application (incorporating the Basic Payment Scheme) and Integrated Administration and Control System (IACS) for 2021 as well as Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 schemes: Glastir Organic, Glastir Entry & Glastir Advanced, Glastir Woodland Creation Premium, Glastir Woodland Management, Improved Land Premium and Glastir Woodland Creation Maintenance. The Single Application rules for the Basic Payment Scheme are based on the Direct Payments for Farmers (Legislative Continuity) Act 2020 (c.2), The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 no.91, The Financing, Management and Monitoring of Direct Payments (Amendment) Regulations 2020 no.90,The Common Agricultural Policy (Direct Payments to Farmers) (Miscellaneous Amendments) (Wales) Regulations 2020 no.104 (w.17) and The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 no.1556 (w.328). The Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 scheme rules are based on Council Regulation 1698/2005 (as amended), Commission Regulations 1974/2006 and 65/2011 (as amended) for Improved Land Premium, and Council Regulation 1305/2013, Delegated Regulation 807/2014 and Implementing Regulation 808/2014, Regulation No 1306/2013, Commission Delegated Regulation No 640/2014, 907/2014, Commission Implementing Regulation No 809/2014, 908/2014 (all as amended from time to time) for all Glastir schemes. As the rules change from time to time the Welsh Government cannot guarantee that this booklet provides a definitive statement of the law nor can the booklet substitute for specific advice on individual legal problems. Produced by the Welsh Government. Digital ISBN 978-1-80082-277-1 © Crown copyright 2021 CONTENTS Main Changes 1 Section A: Key Messages Definition of a Farmer 3 Field Maintenance and Land Transfers 3 Single Application Form (SAF) 3 Leaving the European Union 4 Preliminary Checks 5 Over-declared penalties 5 Declare only land at your disposal on the SAF 5 Artificiality 6 Clawback of BPS Entitlements 6 Welsh Government Rural Communities – Rural Development Programme for Wales 2014 to 2020 6 Unacceptable Behaviour 6 Section B: Basic Payment Scheme (BPS) Introduction to BPS 7 BPS 7 Farmer and Agricultural Activity 8 What is the definition of a farmer (in the context of UK and EU CAP regulations)? 8 Land at your disposal / control 9 What is meant by at the farmer’s disposal / control? 14 Common Land 12 Land used in common 18 Share farmers 18 Dual use of land – land claimed by two or more separate farmers under different EU or UK schemes 18 Land Ownership and Occupation Disputes 19 Land eligible for BPS 19 Eligible Land Types For BPS 19 Land Not Eligible For BPS 20 Special Rules For Hemp 27 National Reserve 29 National Reserve Qualifying Criteria – New Entrant Category 30 (i) CONTENTS National Reserve Qualifying Criteria – Young Famer Category 31 Recovery for incorrect allocation 33 Surrender of entitlements 34 Transfer of entitlements 34 Usage rules for BPS Entitlements 34 Young Farmer Payment 30 Redistributive Payment 32 BPS Payments 32 Cross Border Farmers 33 Section C: Rural Development Schemes within the Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 Introduction 35 Glastir schemes claimed annually on the SAF 35 Notification of circumstances affecting your commitments under Glastir 36 Requirements for claiming annual area payment on the SAF 36 Payment 38 Capital works 39 Supporting documentary evidence 39 Schemes not claimed on the SAF 40 Section D: Glastir Organic Active Farmer Requirements Introduction 41 Definition of a Farmer 41 What are the requirements for land classed as being naturally kept in a state suitable for grazing or cultivation? 41 Active Farmer test 41 Which non-agricultural activities are included in the Active Farmer test? 42 What does operate mean? 43 I operate one of these non-agricultural activities. Can I still apply and claim for Glastir Organic? 43 Section E: Cross Compliance Introduction 45 Cross Compliance application 45 Penalties as a result of a breach of Cross Compliance 46 (ii) CONTENTS Cross Compliance information 46 Table showing SMRs and GAECs 47 Section F: Business Structure Changes and Land Changes Business details 48 Updating your records 48 Use of National Insurance Numbers (NINos) 49 Payments 49 Land changes 49 Changes to land that require new field numbers 50 Unregistered land 50 Transfer of land 51 Location of land 51 Mapping updates of the agricultural land in Wales 51 Sketch maps 52 Section G: Reduction, Exclusion and Correction of Errors Introduction 54 Late applications for payment 54 Late applications for the allocation of BPS Entitlements from the National Reserve 54 Late supporting documentation 54 Failure to declare all the agricultural land / areas on the holding 55 Discrepancies in respect of areas declared for BPS and Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 schemes 55 Discrepancies Within Crop Groups 56 Young Farmer Payment: Breaches of scheme eligibility criteria 57 Welsh Government Rural Communities – Rural Development Programme for Wales 2014 – 2020 schemes: Breaches of scheme criteria 58 Reductions relating to Cross Compliance requirements 59 Negligence 60 Intentional non-compliance 60 Penalty assessment 61 Accumulation of reductions 61 Circumstances under which reductions and exclusions may not apply 62 Obvious error 64 (iii) CONTENTS Amendments and additions 64 Notified error 64 Withdrawal 65 Section H: Inspections Inspections 66 What are they? 66 Why do we need to visit you? 67 What will we do? 67 How can you be ready for an inspection? 67 How can you help us? 68 How can we help you? 68 Land Based Schemes 68 Cattle Identification Inspections 70 Sheep and Goat Identification Inspections 70 Cross Compliance Inspections 71 Record keeping 73 What happens after an Inspection? 73 Most common errors - which lead to financial penalties 74 Farmers pre-inspection check list 75 Section I: Appeals and Complaints Procedures Appeals procedure 77 Complaints procedure 78 Section J: Data Disclosure General Data Protection Regulation: Privacy Notice 79 Reasons for sharing personal data 80 The Publication and Disclosure of Information 81 Rights under the General Data Protection Regulation (GDPR) 81 Section K: Single Application Form Guidance and help for completing your SAF 83 Deadline for submitting the SAF 83 Who can submit your SAF? 84 (iv) CONTENTS Claiming payment for schemes on the SAF 84 Declaring land on the SAF 84 Declaring Common Land on the SAF 85 Pre-populated information on the SAF 85 Supporting Documents 87 Submitting your SAF 90 Responding to queries 91 Annex 1: Declaring and Deducting Ineligible Features 92 Annex 2: Land / Area Declaration and Use Codes 109 Annex 3: Glastir Management Options Land Use Code Table 120 Annex 4: Key Dates 144 Annex 5: Glossary of Terms 145 Annex 6: List of Reference Documents 149 Annex 7: Contacts 150 (v) SECTION A: KEY MESSAGES The “Sustainable Farming and Our Land: Proposals to continue and simplify Agricultural Support for Farmers and the Rural Economy” consultation set out the proposed regulatory basis for the Welsh Government to continue to support farmers, land managers and the wider rural economy after the end of the EU Exit Implementation Period. As a result the Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 mean there are some important changes to the requirements of the Basic Payment Scheme (BPS) for 2021. Please note the changes only apply to BPS. The requirements for schemes claimed under the Welsh Government Rural Communities – Rural Development Programme for Wales 2014-2020 remain the same. Please read this ‘2021 Single Application Rules Booklet’ before completing your SAF 2021 and make sure you are familiar with the changes and how they may apply to you. The main changes to BPS 2021 are; BPS Greening The Greening requirement has been removed. The Greening budget has been moved into the BPS entitlement budget and the entitlement values will be increased to take account of the change in budget. The change in entitlement values will be carried out in July and will be viewable on RPW Online. Environmentally Sensitive Permanent Grass (ESPG) is now protected as part of Cross Compliance. Cross Border Claimants If a cross border BPS claimant was reliant on land outside Wales in 2020 to meet the 5ha minimum claim size, they will remain eligible for the 5ha minimum claim rule in 2021.
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