BVD COMPENSATION PROGRAMMEFOR FEMALEDAIRY BREED ANIMALS BORN IN2014

TERMSANDCONDITIONS

Introducedby

The

MinisterforAgriculture,Food and the Marine

AlldetailsofthisProgrammemaybeaccessedontheDepartmentofAgriculture,Food and the Marinewebsiteat under Farmer Schemes and Payments

Other farmers schemes and Bovine Viral Diarrhoea

Objective of theProgramme

Theobjectiveofthe BVD CompensationProgramme isto incentivise the cullingof persistently infected (PI) calves. A payment of €75 will be made forthe second and each subsequent PI female dairy breedcalf born in 2014 andremoved to a knackery with a recorded date of death on the AIM system.

Definitions

ForthepurposeofthisProgramme:

  1. BVD” shall mean Bovine Viral Diarrhoea.
  2. “PI animal” shall mean ananimal persistently infected with the BVD virus, i.e. one that has had a 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, whose holding is situated within Community territory, as referred to in Article 299 of the Treaty, and who exercises an agricultural activity.
  7. “Application”shallmeananapplicationforacontractundertheProgrammeinaccordancewiththeTermsandConditions setoutherein.
  8. “AIM” shall mean the electronic Animal Identification and Movement database of the Animal Identification and Movement system.
  9. “AHCS” shall mean the Animal Health Computer System.
  10. An “eligible calf” shall mean a calf which:

(i)Is a female born on or after 1 January 2014

(ii)Has a dairy breed sire and a dairy breed dam

(iii)Is persistently infected 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

(iv)Is the second or subsequent such calf (i.e. meets the conditions at (i) to (iii)) disclosed in the herd.

(v)Is in the ownership of the applicant.

(vi)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 herdowners responsibility to ensure that the registration is received in ICBF or SWSwithin 27 days of birth.

  1. A dairy breed animal is an animal of 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, Lakenvelder and Blended Milking Shorthorn or any other dairy breed recognised by the Department of Agriculture, Food and Marine
  1. “Born” shall include stillborn
  2. “”Sample” shall mean a sample taken using a tissue tag or supplementary tag as specified in the Bovine Viral Diarrhoea Regulations 2014 - SI118 of 2014.s
  3. “Programme” shallmeantheBVD Compensation Programme for female Dairy Breed animals born in 2014.

General Provisions of theProgramme

  • TheProgrammeshallbeadministeredbytheDepartmentofAgriculture, Food and the Marineandshalloperate throughouttheState.
  • The Programmeis 100% funded by the National Exchequer.
  • The Department’s BVD CompensationProgramme Section will issue anapplicationform to farmers 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. Participants intheProgramme mustmeetthe requirementsset out in this document.
  • Onlythe second and subsequenteligible dairy breed calvesborn between 1 January 2014and 31 December 2014 are eligible for payment under this Programme
  • Failure to comply with these Terms and Conditions will result in non-payment under the Programme.

Application procedure

Theapplicationprocedureshallbeasfollows:

  • The Department will issue an application form to farmer/s that may potentially qualify for compensation based on test results submitted to the Department.
  • Application forms must be signed and returned to BVD Compensation Scheme Section, Department of Agriculture, Food and Marine, Government Buildings, Old Abbeyleix Road, Portlaoise, Co. Laois .The closing date for receipt of applications is 27 February 2015. Applications received after this date will not be admissable.
  • 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.
  • The applicant will be requested to rectify any deficiencies outlined and if this is done satisfactorily within 21 days of that request, the application will be reinstatedandprocessingwillrecommence.Applications which are deemed ineligiblewillberejected.

Requirements

.

To be eligible all applicants must:-

  • hold a valid active herd number issued by the Department.
  • take samples from all calves born in 2014 within 20 days of birth and submit them to designated laboratories for testing in compliance with the Bovine Viral Diarrhoea Regulations2014 – S.I. 118 of 2014
  • remove all eligible calves born in 2014 prior to 15th June from the herd to a knackery no later than 1 August 2014 and have a date of death recorded on the Animal Identification and Movement (AIM) system
  • remove alleligible calves bornon or after15 June 2014 from the herd to aknackery within 7 weeks of a positive or inconclusive test result and have a date of death recorded on the Animal Identification Movement (AIM) system .
  • remove all PI animals born in 2012 or 2013 from the herd to aknackery, abattoir or meat plantby 1 August 2014and have a date of death recorded on the Animal Identification Movement (AIM) system. These animals are not eligible for compensation.
  • pending removal,of a PIanimal, strictly isolate the animal , with the dam if necessary, to avoid further transmission to other susceptible animals, particularly breeding stock.
  • comply with the Terms and Condition of thisProgramme and all provisions of the BVD Eradication Programme, the statutory basis for which is Statutory Instrument No 118 of 2014.

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 Programme, 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

In cases wherepayment is not being made due to non-compliance with the Terms and Conditions of theProgramme, applicants will have the rightto seek a review,inwritingtotheDepartmentofAgriculture, Food and the Marine outlining reasonswhypayment 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.slaughterunderthe diseaseeradicationschemes.

Procedures

TheMinistermaylaydowntheprocedurestobefollowedintheoperationofthisProgrammeandreserve therighttoalter theseproceduresfromtimetotime. EveryapprovalunderthisProgrammeshallbesubjecttoconditionslaiddownbytheMinister,whichmustbecompliedwith infullbytheapplicant(s).TheMinistermayatanytimelaydownfurtherconditionsunderthis Programmewhichwillbe publishedinthefarmingpress.

Information and data protection

TheMinisterreservestherighttomakepublicinformationregardingthenumberof applicants,numberofeligibleanimals etc,andtomakeinformationavailabletootherGovernmentDepartmentsand/orAgenciesforthepurposeofimplementing Nationallegislation.