BVD COMPENSATION PROGRAMMEFOR FEMALE DAIRY BREED ANIMALS BORN IN2015

TERMSANDCONDITIONS

Introducedby

The

MinisterforAgriculture,Food and the Marine

CLOSING DATE 4 MARCH 2016

AlldetailsofthisProgrammemaybeaccessedontheDepartmentofAgriculture,Food and the Marinewebsiteat under Farmer Schemes and Payments

Other farmers schemes and Bovine Viral Diarrhoea

Objective of the Programme

Theobjectiveofthe CompensationProgramme isto minimise the incidence of BVD in the National Herd through the testing of new born calves for BVD, and where these calves are considered to be persistently infected (PI), to incentivise their culling and removal to a knackery, meat plant, or abattoir as specified in the Requirements and Payments sections of this booklet.

Definitions

ForthepurposeofthisProgramme:

  1. BVD” shall mean Bovine Viral Diarrhoea.
  2. “PI animal” shall mean an animal persistently infected with the BVD virus, i.e. one that has had an initial positive or inconclusive test for the BVD virus without a subsequent negative result on a retest.
  3. “TheDepartment”shallmeantheDepartmentofAgriculture,Food and the Marine.
  4. “Minister”shallmeantheMinisterforAgriculture,Food and the Marine.
  5. “Applicant”shallmeanafarmer whosubmitsanapplication.
  6. “Farmer” shall mean a natural or legal person, or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, who’s holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity. “Application”shallmeananapplicationforacontractundertheProgrammeinaccordancewiththeTermsandConditions setoutherein.
  7. “AIM” shall mean the electronic Animal Identification and Movement database of the Animal Identification and Movement system.
  8. “Application”shallmeananapplicationforacontractundertheProgrammeinaccordancewiththeTermsandConditions setoutherein.
  9. “AHCS” shall mean the Animal Health Computer System.
  10. An “eligible dairy breed calf” shall mean a calf which:
  1. Is born between 1 January 2015 and 31 December 2015
  2. Has a dairy breedsire and a dairy breed dam
  3. Is persistently infected (PI) with the BVD virus, i.e. has had a positive or inconclusive test for the BVD virus without a subsequent negative result on a retest
  4. Is in the ownership of the applicant.
  5. Is properly tagged and registered within 27 days of birth. It is not sufficient to post the registration form on day 27. Failure to register a calf within 27 days of birth will result in non-payment of the grant. It is the applicant’s responsibility to ensure that the registration is received in the designated registration agency within 27 days of birth.
  1. A dairy breed animal is any of the breedslisted here:AnglerRotvieh(Angeln)-Rod-danskmaelkerace(RMD), Ayrshire,Armoricaine,BlueAlbion,BretonnePie-Noire,BrownSwiss,Fries-Hollands(FH),Francaisefrisonnepie noire (FFPN), Friesian-Holstein, Holstein, Black and White Friesian, Red and White Friesian, Frisona Espanola, Frisona Italiana, Zwartbonten van Belgie/Pie noire de Belgique, Sortbroget dansk maelkerace (SDM), Deutsche Schwarzbunte, Schwarzbunte Milchrasse (SMR), Groninger Blaarkop, Guernsey, Jersey, Malkekorthorn, Normande, Norwegian Red, Swedish Red, Danish Red, Reggiana andValdostana Nera, Itasuomenkarja, Lansisuomenkarja,Pohjoissuomenkarja Lithuanian Black and White, and Blended Milking Shorthorn or any other dairy breed recognised by the Department of Agriculture, Food and Marine
  2. Born” shall include stillborn
  3. Sampleshallmean asample taken using a tissue tag or supplementary tag as specified in the Bovine Viral Diarrhoea Regulations 2014 – SI 118 of 2014.
  4. Programme” shallmeantheBVD Compensation Programme for female Dairy Breed animals born in 2015.

General Provisions of the Programme

  • TheProgrammeshallbeadministeredbytheDepartmentofAgriculture, Food and the Marineandshalloperate throughouttheState.
  • The Programme is 100% funded by the National Exchequer.
  • Participants inthe Programme mustmeetthe requirements set out in this document.
  • Only eligible dairy breed calves may qualify for payment under thisProgramme.
  • Failure to comply with these Terms and Conditions will result in non-payment under the Programme.

Application procedure

  • The Department will issue an application form to farmer/s that may potentially qualify for compensation based on test results submitted to the Department. Only one application form is required to join the Programme, regardless of the number of PI animals in the year.
  • Application forms must be signed and returned to BVD Compensation Programme, Department of Agriculture, Food and Marine, Government Buildings, Old Abbeyleix Road, Portlaoise, Co. Laois .The closing date for receipt of applications is 4 March 2016. Applications received after this date will not be admissible.
  • Applicants who post documents to the Department are advised to obtain proof of postage. Acceptable proof of postage is either a Swift post receipt or a Registered Post receipt. A Certificate of Posting is not acceptable.
  • Applicantswillberequestedtorectifyanydeficienciesoutlinedandifthisisdonesatisfactorilywithin21daysofthatrequest,theapplicationwillbereinstatedandprocessingwillrecommence.Applications which are deemed ineligiblewillberejected.

Requirements

To be eligible applicants must:

  • hold a valid active herd number issued by the Department.
  • take samples from all calves born in 2015 within 20 daysof birth and submit them to designated laboratories for testing in compliance with the Bovine Viral Diarrhoea Regulations 2014 – S.I. 118 of 2014.
  • remove all eligible dairy breed calves to a knackery, abattoir or meat plant and have a date of death recorded on the Animal Identification Movement (AIM) system within the timeframes specified in the Payments section below.
  • remove all non-eligible PI animals born in 2015 to a knackery, abattoir or meat plant within the timeframes specified in the Payments section below.
  • remove all PI animals born prior to 1st January 2015 to a knackery, abattoir or meat plant

within the timeframes specified in the Payments section below.

  • pending removal of PI animals, strictly isolate each PI animal with the dam if necessary, to avoid further transmission to other susceptible animals, particularly breeding stock.
  • comply with the Terms and Conditions of this Programme and all provisions of the BVD Eradication Programme, the statutory basis for which is Statutory Instrument No118 of 2014.

Payments

For animals born between 1 January 2015 and 30 April 2015 inclusive a payment will be made for each eligible dairy breed calf removed to a knackery, abattoir or meat plant and have a date of death recorded on the Animal Identification Movement (AIM) System as follows:

  • €100 if the calf is removed on or before11June 2015

or

  • €50 if the calf is removed between 12 June 2015 and 25 June 2015 inclusive

For animals born between 1 May 2015 and 31 December 2015 inclusive a payment will be made for each eligible dairy breed calfremoved to a knackery, meat plant or abattoir and have a date of death recorded on the Animal Identification Movement(AIM) system as follows:.

  • €100 if the calf is removed within 5 weeks of a positive or inconclusive test.

or

  • €50 is removed within 7 weeks of a positive or inconclusive test.
  • N. B. No payment will be made unless all PI animals, both eligible and non-eligible, born in 2015 are removed by the later of the two dates in each instance above. In addition PI animals born prior to 1st January 2015 must be removed by the later of the following two dates:11 June 2015 or within 7 weeks of the date of the first positive or inconclusive test, and have a date of death recorded on the Animal Identification Movement (AIM) system

Compliance checks

ToenabletheDepartmenttoverifytheaccuracyofinformationsubmittedbyapplicants,applicationformswillbesubject toadministrativechecks,controlsthrough AIM, AHCS, knackery inspectionsandon-farminspections. BysubmittingacompletedapplicationtheapplicantagreestherebytopermitofficialsoragentsoftheDepartmenttocarry outon-farminspectionswithorwithoutpriornoticeatanyreasonabletime(s)andwithoutprejudicetopublicliability. Wherenotifiedofanon-farminspectionapplicantsmust:

  • arrangetobepresentfortheinspectionornominatearepresentativein his/herplacetoassisttheinspectingofficer;
  • segregate and present separately any animals that the Department deem necessary to be inspected under this Scheme, together with their passports;
  • provideproperhandlinganddisinfectingfacilities;
  • arrangeforsufficienthelptobegiventotheinspectingofficer(s)sothateachanimalisrestrainedandcontrolled sufficientlysoastofacilitateinspection;
  • answerallrelevantqueriesarisingandproduceanyrelevantdocumentationrequestedatorafterinspectionwithout delay. Everyinspectionwillbethesubjectofareportandtheapplicantorhis/herrepresentativewillbegivenanopportunityto sign thereportindicatinghis/her presenceattheinspectionandtoaddhis/herobservations ifhe/she sowishes. Unannouncedinspectionsmayalsoberequiredincertaincircumstances.Ifanapplicanthasbeenselectedforaninspection, theinspectionmustbecompleted.

Right of entry

TheMinisterreservestherighttocarryoutinspectionsatreasonabletimesofanyland,premises,plant,equipment, livestockandrecordsofapplicantsinthisProgramme. InspectionsmaybecarriedoutduringthecourseoftheProgramme orwithin3monthsfollowingtheapplicant’scompletionintheProgramme.

FailuretoallowaninspectionbytheDepartmenttoproceedmayleadtowithholding orrecoveryofanyaid.Ifan on-farminspectioncannotbecarriedoutthroughthe fault oftheapplicant,theapplicationshallberejectedunless aninstanceofforcemajeureapplies.

Appeals

Incases wherepayment is not being made due to non-compliance with the Terms and Conditions of the Programme,applicants will have the rightto seek a review,inwritingtotheDepartmentofAgriculture, Food and the Marine outlining reasons whypayment should be made. Theapplicantwillbeinformedoftheoutcomeofthereview inwriting.

Review of financial aid

TheMinisterreservestherighttovarythe FinancialProvisionsunderthisProgramme.

Force majeure

“Force Majeure/exceptional circumstances” means circumstances which could not have been foreseen by a prudent producer and which could not be circumvented or prevented by him/her, or, if so, could only be done at unreasonable excessive cost. A claim of force majeure must be lodged in writing with the Department, along with the relevant supporting documentation, within 10 working daysoftheapplicant(s)beinginapositiontonotifythefacts of the situation, which he/she feels, should be considered as force majeure. The Department will decide in each case whether the circumstances set down amount to force majeure. Thecircumstancesunderwhichforcemajeure maybeconsideredinclude(withoutprejudicetothegeneralityoftheforegoing):

•Deathofapplicant.

•Seriousillness/incapacityoftheapplicant(supportedbymedicalevidence).

•Compulsory acquisition of all or part of the agricultural holding, which was not anticipated on joining the Programme.

•Anaturaldisaster.

•Theaccidentaldestructionoflivestockand/orfarmbuildingsontheholding.

•Anoutbreakofdiseaseaffectinganimalsontheholdinge.g.slaughtersunderthe diseaseeradicationschemes.

Procedures

TheMinistermaylaydowntheprocedurestobefollowedintheoperationofthis Programme andreserve therighttoalter theseproceduresfromtimetotime. EveryapprovalunderthisProgrammeshallbesubjecttoconditionslaiddownbytheMinister,whichmustbecompliedwith infullbytheapplicant(s).TheMinistermayatanytimelaydownfurtherconditionsunderthis Programmewhichwillbe publishedinthefarmingpress.

Information and data protection

TheMinisterreservestherighttomakepublicinformationregardingthenumberof applicants,numberofeligibleanimals etc,andtomakeinformationavailabletootherGovernmentDepartmentsand/orAgenciesforthepurposeofimplementing Nationallegislation.