The Brucellosis Control Scheme (Northern Ireland) 2010
Introduction
Brucellosis is an animal disease included in the list of animal diseases established by the World Organisation for Animal Health and in the Annex to Council Decision 90/424/EEC (as amended).
The Department of Agriculture and Rural Development tests all breeding bovine animals for brucellosis in accordance with its compulsory public prevention and eradication programme. Full details of the Department’s statutory powers and its control policy are published on the “Brucellosis in Northern Ireland” pages of the website (see link at bottom of page).
These pages explain how the Department provides a subsidised service for the costs of health checks, tests and other screening measures and how farmers will receive compensation for losses incurred as a result of this control programme, in accordance with the Brucellosis Control Scheme (Northern Ireland) 2010 ("the Scheme"), as well as the conditions of the Scheme and how compensation is claimed and calculated.
State Aid
Both the subsidised and the compensation paid to farmers under this Scheme constitute State aid within the meaning of the Articles 107 – 109 of the Treaty on the Functioning of the European Union (consolidated version). All aid paid under this Scheme is in full compliance with Commission Regulation (EC) 1857/2006, in particular Articles 1 and Article 10 of that Regulation (Official Journal reference OJ L 358/8 16/12/2006).
Eligibility
The Scheme is open to all small and medium-sized agricultural holdings (farms) within Northern Ireland active in the primary production of agricultural products (Article 1 of Commission Regulation (EC) 1857/2006) that are subject to the Department's compulsory public prevention and eradication programme and, in relation to compensation payments, incur losses caused by an outbreak of brucellosis formally recognised by the Department (Article 10.2(c) of Commission Regulation (EC) 1857/2006).
Objectives of the Aid
The objectives of this Scheme are to prevent and eradicate brucellosis in Northern Ireland and to compensate farmers for losses in respect of animals slaughtered under the Department's brucellosis prevention and eradication control programme.
Subsidised Service
The "Brucellosis in Northern Ireland" pages of the website provide full details of the health checks, tests and other screening measures carried out under the Scheme (see link at bottom of page). In accordance with Article 10.1 of Commission Regulation (EC) 1857/2006 the aid will not exceed 100% of the eligible costs.
Eligible Loses
Aid will be limited to losses caused by an outbreak of brucellosis formally recognised by the Department in accordance with Article 10.2(c) of Commission Regulation (EC) 1857/2006 (i.e. animals slaughtered as part of the Department’s brucellosis prevention and eradication control programme).
Calculation of Compensation
Compensation will be calculated in relation to the market value of the animals slaughtered and will be limited to the following maximum aid intensities:
1) Brucellosis Reactors
75% of the animal’s market value based on an individual valuation or on an average of market prices (whichever is the lesser). Reactor pedigree animals are also valued individually with the comparator being the average of market prices for reactor non-pedigree animals plus £300 (the lesser of the two amounts being paid as compensation). Compensation rates for brucellosis reactors are published monthly on the News Articles section of the DARD website (please see link at the bottom of the page).
2) In-contact Animals
100% of market value for other animals slaughtered as a result of brucellosis.
In no situation will compensation exceed 100% of the market value (Article 10.2(b) of Commission Regulation (EC) 1857/2006 refers).
Compensation payments rely on individual valuations carried out by a DARD livestock valuation officer and, in the case of a disagreement over the DARD valuation, on a second individual valuation carried out by an independent valuer. There is ultimate recourse, for both the farmer and the Department, to a Valuation Appeals Panel appointed by DARD.
A Senior Livestock Valuation Officer from the Department is responsible for ensuring that valuations are consistent across Northern Ireland and also to monitor current market values in order to ensure that valuations reflect market trends.
Reductions to Losses Eligible for Aid
The maximum amount of loss eligible for aid will be reduced by:
- any amount received under insurance schemes for the relevant losses. Applicants to the Scheme must provide a declaration stating whether such payments have been received; and
- costs not incurred by the disease, which would otherwise have been incurred (Art 10.3 Reg (EC) 1857/2006).
Appeals
There is ultimate recourse, for both the herdkeeper and the Department, to a Valuation Appeals Panel (“the Panel”) appointed by the Department.
Submission of Appeal
The appeal (together with the required fee of £100 in the case of a herdkeeper) must be sent to the Appeals Secretariat within 30 working days of the determination of market value to which it relates.
Appellants must indicate at the time of submission of the appeal whether or not they wish to attend the Panel’s review of the appeal. If appellants opt to attend the review or nominate someone to attend on their behalf, they will be contacted and notified of the date, time and location of the review. Appellants are notified in writing of the outcome and reasoning for the decision reached.
The Appeals Secretariat notifies appellants of the Panel’s decision as quickly as possible, giving the facts upon which their appeal was considered, the reasons for the decision reached and the effect of that decision on the payment of compensation.
Glossary of Terms
- Brucellosis reactors: Animals that have failed a serology blood test for brucellosis and are thus subject to slaughter and related compensation.
- In-contact animals: Other animals in a herd that have been in close contact with others that have had brucellosis confirmed.
Contacts
Department of Agriculture and Rural Development
TB/Brucellosis Policy Branch
Room 650 Dundonald House
Upper Newtownards Road
Belfast BT4 3SB
Telephone: 028 9052 5479
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