TERMS AND CONDITIONS OF BVD FINANCIAL SUPPORTPROGRAMME FOR BEEF BREED ANIMALS BORN IN2017

Introducedby

The MinisterforAgriculture,Food and the Marine

CLOSING DATE 6 FEBRUARY 2018

AlldetailsofthisProgrammemaybeaccessedontheDepartmentofAgriculture,Food and the Marinewebsiteat under Farmer Schemes and Payments

Other farmers schemes and Bovine Viral Diarrhoea

Objective of the Programme

Theobjectiveofthe Financial SupportProgramme 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, 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 beef breed calf” shall mean a calf which:
  11. Has had a positive or inconclusive test for the BVD virus without a subsequent negative result on a retest
  12. Born between 1 January 2017 and 31 December 2017
  13. Has a beef breed sire and a beef breed dam
  14. Is in the ownership of the applicant.
  15. Is properly tagged and registered within 27 days of birth. It is not sufficientto post the registration form on Day 27. Failure to register a calf within 27 days of birth will result in nonpayment of the financial support. It is the applicant’s responsibility to ensure that the registration is received in the designated registration agency within 27 days of birth.
  16. A beef breed animal is an animal of anybreedexceptthefollowing:AnglerRotvieh(Angeln)-Rod-danskmaelkerace(RMD), Ayrshire,Armoricaine,BlueAlbion,BretonnePie-Noire,BrownSwiss,Fries-Hollands(FH),Francaisefrisonnepie noire(FFPN), Friesian-Holstein, Holstein, Blackand White Friesian,RedandWhite Friesian,FrisonaEspanola, Frisona Italiana, Zwartbonten van Belgie/Pie noire de Belgique, Sortbrogetdanskmaelkerace(SDM),Deutsche Schwarzbunte, Schwarzbunte Milchrasse (SMR), GroningerBlaarkop, Guernsey, Jersey, Malkekorthorn, Normande, NorwegianRed,SwedishRed, DanishRed,ReggianaandValdostanaNera, 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

12.”Born” shall include stillborn

13. “Sample”shallmean asample taken using a tissue tag or supplementarytag or blood test as specified in the BovineViral Diarrhoea Regulations 2017 – S.I. No. 30 of 2017”.

  1. “Programme” shallmeantheBVD Financial Support Programme for beef breed animals born in 2017.

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 beef 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 Financial Support 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 Financial Support Programme, Department of Agriculture, Food and Marine,Belview, Dublin Road, Mullingar, Co Westmeath. The closing date for receipt of applications is 6 February2018. 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.
  • Applicantswillberequestedtorectifyanydeficienciesidentifiedandifthisisdonesatisfactorilywithin21daysofthatrequest,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 2017 within 20 daysof birth and submit them to designated laboratories for testing in compliance with the Bovine Viral Diarrhoea Regulations 2017 – S.I. No. 30 of 2017.
  • Remove all PI calves born in 2017 that have had a positive or inconclusive test for the BVD virus without a subsequent negative result on a retest to an abattoir, knackery 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 PI animals born prior to 1 January 2017 that have that have had a positive or inconclusive test for the BVD virus without a subsequent negative result on a retest to an abattoir, knackery or meat plant and have a date of death recorded on the Animal Identification Movement (AIM) system on or before 31 March 2017.
  • 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 S.I.No. 30 of 2017.

Payments

For animals born in 2017a payment will be made for each eligible beef 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:

  • €185 if the calf is removed within 21 days of the first positive or inconclusive test.

Or

  • €60 if the calf is removed between Day 22 & 35 of the first positive or inconclusive test.
  • Please note -no payment will be made unless all PI animals born in 2017 are tested as required and removed within 5 weeksof their first positive or inconclusive test. In addition all PI animals born prior to 1 January 2017 must have a date of death recorded on the Animal Identification Movement (AIM) systemprior to 31 March 2017.

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;
  • Answerall relevantqueriesarisingandproduceanyrelevantdocumentationrequestedatorafterinspectionwithout delay. Everyinspectionwillbethesubjectofareportandtheapplicantorhis/herrepresentativewillbegivenanopportunityto sign thereportindicatinghis/her presenceattheinspectionandtoaddhis/herobservations ifhe/she sowishes. Unannouncedinspectionsmayalsoberequiredincertaincircumstances.Ifanapplicanthasbeenselectedforaninspection, theinspectionmustbecompleted.

Right of entry

TheMinisterreservestherighttocarryoutinspectionsatreasonabletimesofanyland,premises,plant,equipment, livestockandrecordsofapplicantsinthisProgramme. InspectionsmaybeconductedduringthecourseoftheProgramme 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 willhave 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.slaughteredunderthe diseaseeradicationschemes.

Procedures

TheMinistermaylaydowntheprocedurestobefollowedintheoperationofthis Programme andreserve therighttoalter theseproceduresfromtimetotime. EveryapprovalunderthisProgrammeshallbesubjecttoconditionslaiddownbytheMinister, which must be fully complied with by the applicant(s). TheMinistermayatanytimelaydownfurtherconditionsunderthis Programmewhichwillbe publishedinthefarmingpress.

Information and data protection

TheMinisterreservestherighttomakepublicinformationregardingthenumberof applicants,numberofeligibleanimals etc,andtomakeinformationavailabletootherGovernmentDepartmentsand/orAgenciesforthepurposeofimplementing Nationallegislation.