The RPA is looking in to cases of ‘dual use’, which it defines as two farmers claiming different schemes on the same piece of land.
An example might be where one party claims SPS and another claims ELS, possibility in a landlord/tenant situation. It's worth pointing out that this is different to ‘dual claim’, where two different farmers are found to be claiming on the same piece of land under the same scheme.
The EU Commission has been investigating dual use and has raised concerns over its validity with both Defra and the RPA. Its concerns focus on whether it is possible for both parties to meet the eligibility requirements for the scheme(s) they are claiming. As a result, Defra and the RPA are now considering their stance on the arrangements.
In order to satisfy the Commission, they need to gather evidence to show that the relevant eligibility criteria are being met by both claimants, thus protecting dual use in the future.
To that end, the RPA will send letters to approximately 1,100 farmers asking for details of the arrangements governing their use of particular land parcels.
The NFU believes that this will not cover common land, but may include upland areas.
Information will be collected over the next few months from both parties (SPS and non-SPS scheme) involved on the particular land parcels.
The RPA will examine the evidence collected, such as tenancy agreements, but it may also include grazing licences as well as descriptions of unwritten agreements to ascertain the situation.
NFU comment
Concerns have already been raised over the ability of the RPA to interpret correctly the various types of agreement that exist.
We’ve asked the RPA to make the letters clear, to set out why farmers are being contacted in the first place.
The NFU believes that dual use should be permitted and that this exercise could help to ensure that all claimants can genuinely demonstrate that they have responsibility for meeting scheme requirements.
The key point is that if you receive the letter you read it carefully against the scheme requirements; be sure that you understand it and response to it appropriately.
The RPA will phone you to ensure the letter has arrived and that you understand the requirements.
This exercise effectively forms part of the 2011 validation process, and as such the RPA will be expecting to hear back from all those they have contacted. If not it will hold up the 2011 payments.
Although this exercise has been triggered by the need to satisfy the EU Commission that arrangements in England do comply with the scheme rules, the RPA will not be able to ignore any problems that are identified during their investigations.
So, if it transpires that one or more party cannot meet the eligibility criteria for the scheme(s) they are claiming, the RPA will have to take action. This could result in areas being removed from claims, with penalties then being imposed for over-declarations, in accordance with the rules of the relevant scheme. It is therefore important you fully understand what is being asked and required of you.
Members wanting to discuss the letters can call NFU Callfirst 0870 845 8458 in the first instance, but may also wish to consider taking independent legal or professional advice regarding their own situation and land agreements in place. It is likely that this checking of dual use will continue in future years.
No comments have been made.