Defra

6.1 Phased conversions

With the agreement of your Organic Inspection Body, you may choose to convert different parcels of land in your organic unit at stages over a number of years. In order to obtain conversion aid top ups on additional parcels of land after your OELS agreement has started, you will need to seek Defra's agreement to have your existing OELS agreement replaced with a new agreement including:

• the new field parcels to be converted;
• any field parcels that may already be undergoing conversion as part of the existing OELS agreement (you will continue to receive the aid that was due to you under your original OELS agreement under the new one, where applicable);
• any fully organic land; and
• any conventional land.

A new application form and set of maps will be sent to you for a replacement agreement. A copy of your current valid certificate(s) of registration and accompanying schedule(s) including details of the additional new parcels of land to be converted, will also need to be submitted in support of your replacement OELS application. The replacement agreement will constitute a new five-year undertaking and you will be expected to complete the conversion of any new field parcels attracting conversion aid and included in the new agreement by the fifth anniversary of the replacement agreement's start date. You will also be required to complete the conversion of any transferring field parcels covered by the original agreement in accordance with the dates set out in your original conversion plan for that land agreed previously with your Organic Inspection Body.

6.2 Can I make changes to my agreement?

Hopefully you will be able to carry out the options and management required under your agreement without any difficulty. However, the situation may arise where you may need to change the choice or location of your chosen options due to an unforeseen and serious situation arising (e.g. flooding, severe and prolonged weed infestation). An amendment may be made to your agreement in such a situation. It is important that there is continuity of management during your agreement if the environmental benefits are to be achieved. Amendments are therefore only intended to be used for changes which are absolutely necessary.

You must inform RDS about your proposed amendment before you make any changes to your options. Your amendment will not be valid until you have received a letter from your RDS office giving consent to the amendment.

We would not expect to amend an agreement more than once during its five year term. If you think you need to amend your agreement you must contact your RDS office to request an amendment request form (ERDP/LTA1). Once an amendment has been made, further amendments are only permitted in very exceptional circumstances (referred to as 'force majeure'. See section 7.4).

6.3 What if I let, sell or transfer my land?

Please notify your RDS office as early as possible in advance of any change in occupancy or ownership (including sale, transfer, inheritance or lease) of any part of your agreement land. Your RDS office will send you a form (ERDP/LTA1) to amend your agreement to reflect the changes made.

Where the land to be transferred is registered with an Organic Inspection Body, you must also inform them of the change in ownership or occupancy and arrange for the field parcels to be removed from your certificate of organic registration and accompanying schedules. A copy of your amended certificate of organic registration and accompanying schedules will need to be submitted to RDS along with your amendment request form before your agreement can be amended and a replacement one issued. You must also check that your Organic Inspection Body still considers the land comprising your organic unit to constitute a viable organic unit; if it does not, you will be in breach of your OELS agreement.

You must tell the new occupier about your OELS agreement before you transfer any land. If you transfer all of your land, your whole OELS agreement must be transferred to the new occupier and continued until it expires. The new occupier should be encouraged to take on all of the ES commitments relating to the transferred land, including the requirement to register as an organic producer with an Organic Inspection Body, in order to ensure continuity of organic registration and environmental management. If they refuse to do this, you (and not the new occupier) will be in breach of your ES agreement ­ and you are likely to have to repay the grant you have received.

If you transfer part of your holding, the new occupier will be expected to apply for an new ES agreement covering this land, or you (and not the new occupier) will be in breach of your ES agreement and you are likely to have to repay the grant you have received. Where possible, you will be expected to continue with your existing options on your OELS and ELS eligible land covered by your amended OELS agreement. The resulting replacement agreement will run for the remaining time of the original agreement.

6.4 Can I add land to my agreement?

It is not possible to add any land to an existing OELS agreement. If you purchase land, irrespective of its status (i.e. fully organic, 'in conversion' to organic farming or conventional land) or if you wish to transfer land under cover of an existing OAS/OFS agreement into your existing OELS agreement (see section 4.2.3), you must either:

Close your existing OELS agreement and apply to start a new five year OELS agreement covering:

• All of the fully organic land comprising your organic unit including any newly acquired organic land you have purchased and any land you wish to transfer from your OAS/OFS agreement into the OELS;
• Any new field parcels that you wish to claim conversion aid top up on as part of the new OELS agreement i.e. new land 'in conversion'. These field parcels will need to be in their first year of conversion, as evidenced by your of registration and accompanying schedules, issued by your Organic Inspection Body (see section 1.1.4 of this handbook);
• Any field parcels that were already undergoing conversion as part of your existing OELS agreement (you will continue to receive the aid that was due to you under your original OELS agreement, under the new one, where applicable);
• Any conventional land on your holding.

or

• Wait until your existing OELS agreement is renewed and add the new land then.

6.5 Derogations

A derogation is required where a minor and temporary change from the agreed management requirements is needed on a single occasion. These may involve a relaxation from a time-based requirements, or requests to change cutting or cultivating requirements due to practical problems.

If such a derogation is required, you should contact RDS to request a derogation notice form (ERDP/ELS/OELS/2). You must complete this form providing the following information, and return it to RDS:

• Why the derogation is needed.
• What exactly the proposed course of action is (including precise location details).
• Confirmation that the situation was unforeseen and that other solutions which are within the allowed management requirements have been considered.
• Where the derogation concerns land registered with an Organic Inspection Body, you will need to obtain your Inspection Body's prior approval to the derogation before the proposed change can be made. Your Organic Inspection Body will be expected to confirm, by countersigning your derogation request form, that your request is compatible with organic standards
• Countersignature by an independent third party to confirm that the request is reasonable, will not compromise the objectives of the agreement and is the most appropriate response in the situation concerned (see section 6.6 below).

You must inform RDS about your proposed derogation before you make any changes to your management.

You may go ahead with the proposed changes to management as soon as you have returned the derogation notice form to RDS.

As a guide, we would not expect to see more than three derogations during the course of a five-year agreement.

The derogation notice form will be kept by RDS and all details, including those of the Inspection Body and countersigning adviser, will be checked during any compliance inspection.

6.6 Countersigning derogation notice forms

When the derogation involves the use of pesticides on conventional land it must be countersigned by a suitably qualified independent BASIS agronomist who is trained in environmental management. This could be a private agronomist or one employed by a conservation organisation (e.g. FWAG, English Nature, RSPB).

Where the derogation does not involve the use of pesticides, a farm conservation adviser may countersign the notice form.

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Department for Environment, Food and Rural Affairs