BVD - Department of Agriculture

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BVD COMPENSATION PROGRAMME FOR BEEF BREED
ANIMALS BORN IN 2013
TERMS AND CONDITIONS
Introduced by
The
Minister for Agriculture, Food and the Marine
All details of this Programme may be accessed on the Department of Agriculture, Food
and the Marine website at http://www.agriculture.gov.ie/ under Farmer Schemes and
Payments
Other farmers schemes and Bovine Viral Diarrhoea
Objective of the Programme
The objective of the Compensation Programme is to minimise the incidence of BVD in the National Herd
through the testing of new born beef breed calves for BVD, and where these calves are found to be persistently
infected (PI), or the test result is inconclusive, they must be removed to a Knackery. A payment of €100 will be
made for the second and subsequent PI calf removed to the knackery.
Definitions
For the purpose of this Programme:
“BVD” shall mean Bovine Viral Diarrhoea.
“PI animal” shall mean an animal persistently infected with BVD virus.
“The Department” shall mean the Department of Agriculture, Food and the Marine.
“Minister” shall mean the Minister for Agriculture, Food and the Marine.
“Holding” shall mean all the production units in the State managed by a producer and includes the
total area of land whether in one or more parcels including buildings thereon, occupied by a
farmer, whether owned, taken on lease, rented or otherwise held for the purpose of farming, and
declared on the Single Payment Application form.
6. “Applicant” shall mean a farmer who submits an application.
7. “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.
8. “Application” shall mean an application for a contract under the Programme in accordance with the
Terms and Conditions set out herein.
9. “AIM” shall mean the electronic Animal Identification and Movement database of the Animal
Identification and Movement system.
10. “AHCS” shall mean the Animal Health Computer System.
11. An “eligible beef breed calf” shall mean a calf which:
a) Belongs to a beef breed i.e. is born out of an eligible Su ckler Cow and is sired by a beef
breed.
b) Has had an initial positive or inconclusive test for the BVD virus without a subsequent
negative result on a retest.
c) Is the second or subsequent such calf disclosed in the herd.
d) Is in the ownership of the applicant.
e) 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 SWS within 27 days of birth.
12. “Born” shall include stillborn.
13. “Beef Breed” shall mean any breed except the following: Angler Rotvieh (Angeln)-Rod-dansk
maelkerace (RMD), Ayrshire, Armoricaine, Blue Albion, Bretonne Pie-Noire, Brown Swiss, FriesHollands (FH), Francaise frisonne pie 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 and Valdostana Nera, Itasuomenkarja, Lansisuomenkarja
and Pohjoissuomenkarja.
14. “Tissue Tag” shall mean an approved tag that includes a robust container that operates in such a
manner that when the tag is attached to a bovine the tag takes a sample from the bovine, seals itself or
is sealable in the container without interfering with the integrity of the sample and has marked on it
the identification of the bovine.
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15. “Programme” shall mean the BVD Compensation Programme for Beef Breed animals born in 2013.
16. ICBF – Irish Cattle Breeding Federation
17. SWS – South Western Services
General Provisions of the Programme
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The Programme shall be administered by the Department of Agriculture, Food and the Marine and shall
operate throughout the State.
The Programme is 100% funded by the National Exchequer.
The BVD Compensation Programme Section will issue an application form 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 or inconclusive
animals in the year. This form must be signed and returned to the Department within 21 days of the date
of issue.
Participants in the Programme must meet the requirements set out in this document.
Only beef breed animals born between 1 January 2013 and 31 December 2013 are eligible to participate in the
Programme .
Failure to comply with these Terms and Conditions will result in non-payment under the Programme.
Application procedure
The application procedure shall be as follows:
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The Department will issue an application form to farmer/s that may potentially qualify for
compensation based on test results submitted to the Department, which must be signed and returned
within 21 days of issue by the Department.
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All calves born in the herd must be tagged and registered within 27 days of birth.
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The application form must be completed by the farmer/s and be submitted to the BVD Compensation
Programme Section, Department of Agriculture, Food and the Marine, Government Offices, Old
Abbeyleix Road, Portlaoise, Co. Laois.
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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 reinstated and processing will recommence.
Applications which are deemed ineligible will be rejected.
Requirements
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To be eligible all applicants must hold a valid herd number issued by the Department.
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Take samples from all calves born in 2013 within 20 days of birth and submit them to
designated laboratories for testing in compliance with the Bovine Viral Diarrhoea Order 2012 –
S.I. 532 of 2012
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Comply with all other relevant provisions of that Order.
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All eligible animals born prior to 29 July 2013 must be removed to the knackery by 16 September
2013 and have a date of death recorded on the Animal Identification Movement (AIM) system .
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All animals born on or after 29 July 2013 must be removed to the knackery within 7 weeks of a
positive or inconclusive test result and have a date of death recorded on the Animal Identification
Movement (AIM) system in order to be eligible for aid under this programmme. Pending removal, the
infected animal, should be strictly isolated, with the dam if necessary, to avoid further transmission to
other susceptible animals, particularly breeding stock.
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The farmer must comply with the Terms and condition of the Scheme and all provisions of the BVD
Eradication Programme, the statutory basis for which is Statutory Instrument No 532 of 2012.
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Sign and return the BVD Compensation Programme application form within 21 days of issue.
Compliance checks
To enable the Department to verify the accuracy of information submitted by applicants, application forms will
be subject to administrative checks, controls through AIM, AHCS, knackery inspections and on-farm
inspections. By submitting a completed application the applicant agrees thereby to permit officials or agents of the
Department to carry out on-farm inspections with or without prior notice at any reasonable time(s) and without
prejudice to public liability. Where notified of an on-farm inspection applicants must:
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arrange to be present for the inspection or nominate a representative in his/her place to assist the
inspecting officer;
segregate and present separately any animals required by the Department to be inspected that they deem
necessary under this Scheme together with their passports;
provide proper handling and disinfecting facilities;
arrange for sufficient help to be given to the inspecting officer(s) so that each animal is restrained and
controlled sufficiently so as to facilitate inspection;
answer all relevant queries arising and produce any relevant documentation requested at or after
inspection without delay. Every inspection will be the subject of a report and the applicant or his/her
representative will be given an opportunity to sign the report indicating his/her presence at the
inspection and to add his/her observations if he/she so wishes. Unannounced inspections may also be
required in certain circumstances. If an applicant has been selected for an inspection, the inspection must
be completed.
Right of entry
The Minister reserves the right to carry out inspections at reasonable times of any land, premises, plant,
equipment, livestock and records of applicants in this Programme. Inspections may be carried out during the
course of the Programme or within 3 months following the applicant’s completion in the Programme.
Failure to allow an inspection by the Department to proceed may lead to withholding or recovery of any aid. If
an on-farm inspection cannot be carried out through the fault of the applicant, the application shall be rejected
unless an instance of force majeure applies.
Appeals
In cases where payment is not being made due to non-compliance with the Terms and Conditions of the
Programme, applicants will be given twenty one working days after formal notification by the Department,
in which to seek a review, in writing to the Department of Agriculture, Food and the Marine and give
reasons why payment should be made. The applicant will be informed of the outcome of the review in writing.
Review of financial aid
The Minister reserves the right to vary the Financial Provisions under this Programme.
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 days of the applicant(s) being in a position to
notify the facts 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. The circumstances
under which force majeure may be considered include (without prejudice to the generality of the foregoing):
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Death of applicant.
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Serious illness/incapacity of the applicant (supported by medical evidence).
Compulsory acquisition of all or part of the agricultural holding, which was not anticipated on
joining the Programme.
A natural disaster.
The accidental destruction of livestock and/or farm buildings on the holding.
An outbreak of disease affecting animals on the holding e.g. slaughter under the disease eradication
schemes.
Procedures
The Minister may lay down the procedures to be followed in the operation of this Programme and reserve the
right to alter these procedures from time to time. Every approval under this Programme shall be subject to
conditions laid down by the Minister, which must be complied with in full by the applicant(s). The Minister
may at any time lay down further conditions under this Programme which will be published in the farming
press and also notified to each participant.
Information and data protection
The Minister reserves the right to make public information regarding the number of applicants, number of
eligible animals etc, and to make information available to other Government Departments and/or Agencies for
the purpose of implementing National legislation.
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