The Integrated Administration And Control System: explanatory booklet

ADDITIONAL PROVISIONS

Online guidance on this section can be found at www.scotland.gov.uk/SAF07/additionalprovisions

Specific Guidance on Claiming Under the SFPS

50. Detailed rules and guidance covering SFPS and non-food set-aside are in the SFPS Notes for Guidance.

Specific Guidance on Claiming Under the SBCS

51. If you want to claim under this scheme and receive payment at 2007 rates you must fill in and return your SAF by 15 May 2007, and submit your SBCS claim form(s) by 31 December 2007. If you do not submit a SAF, we will reject your SBCS claim(s).

52. Instructions on the completion of the SAF ( IACS(2)) are in paragraphs 108-121. If you have land, you must fill in Field Data Sheets ( IACS(3) and IACS(4)) to declare all your land. Instructions on the completion of Field Data Sheets are in paragraphs 77-107. If you have no land, you must still complete an IACS(2) and submit it by 15 May 2007.

Specific Guidance on Claiming the PCP

53. If you grow protein crops you can claim payment of the PCP. Eligible protein crops are:

• Peas (but not those intended for human consumption);
• Beans (but not those intended for human consumption); and
• Sweet lupins.

If you farm in a region where traditionally you sow protein crops in to a mixture of cereals, we will pay the PCP if you can satisfy us that the protein crops predominate in the mix.

54. We will aim to pay this premium between 1 December 2007 and 30 June 2008. The aid is 55.57 euros per hectare on areas which you sow and cultivate according to local standards. We can pay you the SFPS payment and the PCP on eligible land (other than set-aside land) if you declare the eligible crop code for SFPS in columns I and J of your Field Data Sheet. If you enter the eligible crop code in the 'Other land' columns of your Field Data Sheet (columns K and L), we will pay you the PCP payment only.

55. Instructions on filling in these columns are in paragraphs 99-104. Also, you must summarise your claim in Section 4 of the SAF. Instructions on answering Section 4 are in paragraph 115.

Specific Guidance on Claiming Under the ECS

56. For 2007, we will pay a flat rate of aid of 45 euros per hectare, for areas sown under energy crops (any crops except sugar beet) which meet the conditions set out in Annex 4. We will aim to pay this between 1 December 2007 and 30 June 2008.

57. If you grow energy crops on any land other than set aside land, whether eligible for SFPS or not, you may claim the energy crop payment. We will only pay aid on areas where production is covered by either a contract (a copy of which we must receive from you by 15 May 2007) between you and a processor, or a declaration by you that you are processing the crop on your holding. We can pay you the SFPS payment and the energy crop payment on eligible land if you declare the eligible crop code for SFPS in columns I and J of your Field Data Sheet. If you enter the eligible crop code in the 'Other Land' columns of your Field Data Sheet (columns K and L), we will pay you the Energy Crop Scheme payment only.

58. Instructions on filling in these columns are in paragraphs 103-104. Also, you must summarise your claim in Section 4 of the SAF. Instructions on answering Section 4 are in paragraph 115.

Specific Guidance For Hemp Growers

59. If you want to grow hemp, you must get a licence from the Home Office. In the UK, it is a criminal offence to grow hemp, for any purpose, without a licence. Unless you have made separate arrangements with the Home Office, you should apply for a licence to:

or phone 020 7273 3731. The eligible varieties for 2007 are listed in Annex 7.

60. You should apply for a licence as early as possible. The Home Office Drugs Branch Inspectorate will consider your reasons for growing the hemp and your proposed growing sites. They do not issue licences automatically. You should choose a growing site away from residential areas and major roads where there is poor public access and crop visibility. If minor roads run alongside the site, vehicles should not be able to access it. In some cases, the Home Office may need you to screen crops from view and take other security measures. You may also need to give a Home Office approved processor evidence that you have a contract to supply the hemp.

Future Arrangements for Less Favoured Area Support Scheme ( LFASS)

61. The Scottish Rural Development Plan ( SRDP) which covered the period 2000-2006 ended on 31 December 2006 and a new rural development regulation came into force on 1 January 2007. With these changes in mind, as part of last year's consultation on the new SRDP, the Executive consulted on possible alternative options for LFA support from 2007 until 2009.

62. The new SRDP covering the period 2007-2013 contains proposals for the new scheme, but this must be approved by the European Commission ( EC) before the rules of the new Less Favoured Area Support Scheme ( LFASS) can be finalised. It is therefore not possible at this time to provide full details of how the new LFASS scheme might operate, or to invite applications. For this reason, we have not included a tick-box claim in the SAF form as we have done in previous years. However, any land you wish to be considered under the 2007 LFA support scheme must be included in the enclosed Field Data Sheets, IACS(3) and IACS(4) - see paragraphs 97 and 98 for further information about including LFA land in the Field Data Sheets.

63. Once the new SRDP has been approved for the period 2007-2013, full LFASS details, including an application form, will be sent to all producers who have submitted a SAF 2007, and were paid LFASS 2006.

64. The revised arrangements are expected to be in place up to and including the 2009 scheme year. In 2008 the European Commission will publish new proposals for LFA support to be introduced, where appropriate, by 2010 for the remainder of the programme period.

Information Which you Must Retain and be Prepared to Submit for Inspection on Request

65. If declaring forage land which you rent seasonally, retain documentary evidence that the arrangements satisfy the rules. If applying for set-aside on seasonally let land, retain documentary evidence that you have occupied it since 15 January 2006. You will also need to retain documents for ECS and Non-Food contracts, Fibre, Flax and Hemp label and contracts

Who can help?

66. If you have a problem or question about the IACS requirements, you should ask your SEERAD Area Office. Area Office addresses, telephone numbers and e mail addresses are at Annex 1.

Our staff will do their best to explain the IACS rules but they are not allowed to advise you or help you complete your form. Staff are not responsible for checking the accuracy or content of your form.

• If you have a problem or question about mapping or field identifiers please contact the Field Identification System team. Their helpline number is 0131 244 1938.
• If you have a problem filling in your forms you may wish to contact a professional adviser.

Appeals against decisions

67. If you have been penalised and are not sure why, or you do not understand a decision we have made on your claim, you should first ask your SEERAD Area Office for a fuller explanation. If you are not satisfied with this explanation and want us to review our decision, you may formally appeal the decision. Our appeals procedure covers all IACS, Agri-environment and Forestry schemes. We can only accept an appeal if we receive it within 60 calendar days of the date of our decision letter. Please contact the Appeals Secretariat at appealssecretariat@scotland.gsi.gov.uk if you need more information. The appeals procedure is set out in the booklet ' EU Agricultural Subsidy Schemes Appeals Guidance' which you will also find on our website www.scotland.gov.uk/Topics/Agriculture/grants/standardsservices/Appeals .

Complaints about our standard of service

68. We aim to provide a high quality service to all our customers but sometimes things can go wrong and we may not meet these standards. The complaints procedure allows you to raise any concerns you may have. We will treat your complaint seriously and send you a full response.

69. If you wish to complain, the booklet ' Complaints Procedure for Agricultural Matters' ( CF1-2004) explains how we will handle your complaint and the standard of service you should expect from us while we look in to your complaint.

For more information about our complaints procedure please contact the Complaints Secretariat at SEERADCAPM1@scotland.gsi.gov.uk .

Other ways to complain

70. You may complain in other ways. You may ask your Member of the Scottish Parliament (or your Member of the UK Parliament) to take up your complaint with the Minister for Environment and Rural Development at the Scottish Executive, Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY.

71. If you have used our complaints procedure and are still not satisfied, you (or your representative) may ask the Scottish Public Services Ombudsman to investigate your complaint. Your representative may be an MSP, local councillor or any person you consider suitable to represent your interests. Your complaint must be submitted to the Scottish Public Services Ombudsman, 4 Melville Street, Edinburgh, EH3 7NS within 12 months after the day on which you first had notice of the matter which you are complaining about. You can find more information about the Scottish Public Sector Ombudsman at www.scottishombudsman.org.uk .

72. If you are satisfied with the service we have provided, or wish to highlight some exceptional performance, we would be happy to hear from you. We would welcome your suggestions on how we might build on the service we provide.