Adverse weather conditions

To lessen the impact of the weather upon the farming and rural business community, Paul Rice Agricultural Partner at UK200 Agricultural Group Firm – Wright Hassall Solicitors, addresses some measures that have been announced by the Rural Payments Agency (RPA).

1. Derogation from Cross-Compliance Regulations

In recognition of the problems faced by farmers in reconciling the need to continue farming in the face of current weather conditions as well as continuing to observe cross-compliance regulations, newly recently appointed Secretary of State for the Environment Food and Rural Affairs (Hilary Benn) has made the following announcements:-

a. GAEC 3 – Waterlogged Soil

On 11 July 2007 DEFRA announced a derogation from the usual prohibition on the use of mechanical operations and motor vehicles on waterlogged soil. The intention was to enable farmers to bring in their crops from waterlogged fields without breaching cross-compliance regulations.

The previous suspension was to last until 31 July 2007; however, following events on 20 July 2007, the derogation has now been extended to 31 August 2007 and will be kept under review.

In carrying out mechanical operations or using motor vehicles on waterlogged land, during the derogation period, farmers are requested to:-

i) keep such operations or use to a minimum; to

ii) refrain from undertaking actions that are likely to lead to long-term damage to the soil; and to

iii) record in their soil protection review details of:-

· any damage to the soil arising from use of the land during the period of derogation; and

· any action that the farmer intends to take to reduce or repair the damage to the soil.

b. GAEC 9 - Overgrazing and Unsuitable Supplementary Feeding on Natural and Semi-Natural Grassland

Farmers may for the time being use such land for the purpose of grazing animals where:-

i) exceptional conditions exist; and

ii) such grazing is necessary for animal health or welfare

If land is used for such purposes while exceptional conditions persist, record should be kept on the farmer's soil review.

c. GAEC 12 – Land not in Agricultural Production

This land may be used in the same circumstances as referred to above in respect of GAEC 9. There is no requirement for the farmer in these circumstances to notify the RPA of any change to field codings.

Farmers can however opt instead to bring fields into agricultural production at any time and notify the RPA on submission of their SPS claim in spring 2008.

Set-Aside Land

The RPA have confirmed that farmers are to be permitted to allow grazing of 2007 scheme year set-aside land or for that land to be used for the production of hay or silage for their own use.

Paul Rice is mindful that although some or all of these derogations may well be automatic, he would advise any farmer intending to take advantage of them to notify the RPA providing details of all affected field numbers.

2. State/EU Compensation?

It should be noted that following flooding events and other similar natural disasters in other EU Member States, the EU has authorized direct support or compensation payments to be made to affected farmers. The British Government have yet to make any suggestion that such state sponsored or EU support or compensation is likely to be forthcoming. However, in the event that this position should change in the future, farmers who have been affected by incidents of flooding or inclement weather are likely to be required to prove their losses before a compensation/support payment can be made. Farmers that are likely to be affected should endeavor to keep a full photographic records of lost crops etc… and copies of all documents and invoices relating to costs arising from the weather or flooding.