Agreement conditions

Find out the conditions you need to meet and what to do if problems arise during the duration of your agreement.

7.1 What evidence will be needed to comply with the facilitation agreement?

This is set out in Annex 2.

7.2 Changes to the agreement

You cannot make changes to facilitation agreements without prior approval from us. If your circumstances change you must tell us immediately, so we can consider if a change to the agreement can be made. This is important as it could affect funding and whether the agreement will continue.

If we find the eligibility criteria are no longer being met, for example, because the number of group members falls below four or the land area falls below 2,000 ha, the agreement may be terminated and the funding recovered in accordance with the enforcement regulations (Common Agricultural Policy (Control and Enforcement, Cross Compliance, Scrutiny of Transactions and Appeals) Regulations 2014 (SI 2014/3263) and EU Regulations 1306/2013, 908/2014 and 640/2014 “the enforcement regulations”).

7.3 Breaching the agreement

European and domestic regulations governing the EAFRD including the enforcement regulations and Rural Development Regulation 1305/2013 apply to this scheme. You must comply with them. The main requirements are set out in this manual. If we find the agreement has been breached, the grant may be reduced, withdrawn or reclaimed or the agreement may be terminated. Each case will be assessed on its individual facts in accordance with the enforcement regulations The penalties may affect the payments you receive, as facilitator, through other Common Agricultural Policy schemes. This is because under enforcement regulations, we can recover debts owed from any payments due from other CAP schemes. Examples of breaches include:

7.4 What you should do if you are overpaid

Any overpayment must be repaid as soon as you become aware of it. You must contact us in the first instance and we will tell you how to proceed.

7.5 How we will use and share Agreement Holder’s information

The Department for Environment, Food and Rural Affairs (Defra) is the data controller for personal data you give to us, the Rural Payments Agency (RPA). For information on how we handle personal read the ‘Rural Payments Agency Personal Information Charter’ on GOV.UK.

7.6 Publicity requirements

The contribution of the EU funding must also be mentioned on the business website of the facilitator and hyperlink to the EU Commission’s Rural Development page. Any press releases or marketing material such as leaflets, brochures associated with the project must acknowledge the EU as the funder. Publications must contain a clear reference to the EU’s participation and include the EU logo and the following text:

“The European Agricultural Fund for Rural Development: Europe investing in rural areas. This project has received European Union funding under the Countryside Stewardship Scheme’s Facilitation Fund.”

The scheme is funded by the European Agricultural Fund for Rural Development (EAFRD) and is part of the Rural Development Programme for England (RDPE).

7.7 Disputes, appeals and complaints

For guidance on how to make a complaint, or how to appeal against a decision we’ve made read our complaints procedure on GOV.UK

7.8 Agreement termination

Either party may, by giving a minimum of six months’ notice, terminate the agreement. Termination may result in grant payments being suspended, withheld or reclaimed.