DAERA clarifies position on recent gorse fires

Following recent gorse fires the Department of Agriculture Environment and Rural Affairs (DAERA) today outlined a number of important messages for farmers.

DAERA wishes to highlight the potential impact of gorse fires on applications for payment under area-based schemes. While this can be a challenging situation for farmers and land owners, they need to ensure that they take the right actions now to safeguard their payments under area based schemes.

EU rules only allow payment on land that is eligible, therefore, if you have been affected by a gorse fire you should apply to DAERA within 15 working days of the fire, or when the farm business is in a position to do so, for consideration for ‘force majeure’.

You will have to demonstrate that land has become ineligible as a result of a gorse fire and that the circumstances of the fire were unforeseen.

To do this, you are advised to immediately contact Area-Based Schemes Payment Branch on: 0300 200 7848.  

When you tell us of a ‘force majeure’ you will be asked to complete an FML1 application form available on the DAERA website and return it to Area-Based Schemes Payment Branch.

We will look at each request individually so that we can confirm that despite taking all reasonable measures to counteract their effects, the force majeure or exceptional circumstances prevented you from meeting your obligations.

You will be asked for information, supported by evidence where appropriate, of the steps you have taken to prevent or lessen the effect of these circumstances.

Each case is considered on an individual basis and it is important that farmers details all the facts, including where and when the fire started and when the incident was reported to the police or the Fire and Rescue Service.

Telling us now will allow us to help ensure that farmers do not lose money unnecessarily

More information on force majeure and its relevance to those claiming area based scheme payments is contained within the ‘Guide to the Basic Payments Scheme 2018’ (Page 38) which can be accessed via the DAERA website.

Notes to editors: 

1. The EU Regulations allow for the consideration of cases under Force Majeure/Exceptional Circumstances provisions.  In the Commission Guidance on the use of force majeure/exceptional circumstances, this concept is defined as “unusual circumstances outside the control of the trader, the consequences of which, in spite of the exercise of all due care, could not have been avoided except at the cost of excessive sacrifice.”
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