Organic Conversion Scheme: guidance

The Programme for Government sets out our commitments to continue supporting farmers to produce food in a sustainable way, whilst taking action to respond to the climate emergency and to help reverse the decline in biodiversity. Funding support for farmers, land managers and associated rural sectors over the next 3 years is delivered through a flexible framework of support, with schemes – including the Organic Conversion Scheme - delivering towards the following themes:

• Farm scale land management
• On farm environmental improvements
• On farm efficiency and diversification
• Landscape scale land management
• Woodland and forestry
• Food and farming supply chains

The framework is designed to both support action in response to the challenges and opportunities available over the next 3 years and to inform the continuing development of the Sustainable Farming Scheme, which will reward farmers for the work they do now to lower their carbon footprint, improve the environment and produce food in a sustainable way.

Further information on the themes and schemes being developed are available at: Wales Rural Network (on businesswales.gov.wales).

These Guidance Notes explain the Organic Conversion Scheme. Please read them carefully. If you then consider your plans may qualify for support under this scheme and you want to apply, please see ‘How to Apply’ at section E and the How To Complete

The application window will open on 18 July 2022 and close on 26 August 2022.

The indicative budget allocation for this application window is £5m over 2 calendar years, 2023 and 2024.

The Organic Conversion Scheme is an area-based support scheme available to existing agriculture producers across Wales who wish to convert from conventional to organic production. By supporting farmers during the two-year conversion period, the scheme aims to provide support to deliver positive environmental land management benefits. The Organic Conversion Scheme is a 5-year contract funded for the first 2 years.

The Organic Conversion Scheme will contribute to addressing the overarching aims of:

• Reducing Carbon and Green House Gas emissions.
• Building greater resilience into farm businesses by adapting to climate change.
• Managing water resources to improve water quality and reduce flood risks.
• Contributing to economic sustainability of farms and the rural community.
• Protecting and improving the natural landscape and the historic environment.
• Developing and improving Wales’ native biodiversity.

Farm businesses are selected for the Organic Conversion Scheme following the submission of an Expression of Interest (EoI) to the Welsh Government. The EoI is scored on its ability to contribute towards delivering the aims of the Organic Conversion Scheme. Those with the ability to deliver the most towards the objectives of the Scheme are scored highest. (See Section E Selection)

Please read this Organic Conversion rules and guidance document before submitting an EoI.

Any changes will be publicised via the Welsh Government website, GWLAD online and, where necessary, we will contact you directly.

You are eligible to apply if:

• You are registered with the Welsh Government and have been issued with a Customer Reference Number (CRN). Please refer to the Welsh Government website for the how to register guidance or call the RPW Customer Contact Centre on 0300 062 5004.
• You are a farmer carrying out the primary production of  agricultural products
• You have 3ha of eligible agricultural land registered with RPW in Wales or
• You are able to demonstrate over 550 standard labour hours

We will check if you have an eligible Basic Payment Scheme claim to verify if you are a primary producer of agricultural products and you have 3ha of eligible agricultural land in Wales.

If you have not submitted a BPS claim you must submit documentary evidence with your EoI to verify that you are a primary producer of agricultural products and that you meet either the 3ha or 550 standard labour hours’ eligibility criteria.

The primary production of agricultural products includes the following farming sectors:

• arable
• beef
• dairy
• goats
• horticulture
• pigs
• poultry
• sheep
• apiculture

All land entered into an Organic Conversion Scheme contract must be continuously certified with an Organic Control Body (OCB) for the 5-year duration of the contract, commencing 1 January 2023.

Existing organic producers can apply on land not currently certified as organic or not currently in conversion.

You are not eligible if:

• you are an Equine customer (including grazing horses)
• you are a Forestry customer (including woodland only owners)
• a group of farmers (including Producer Organisations)

However, if two or more agricultural holdings are managed as a single unit, or in a single ownership, or to some extent have common management, common financial accounts, common livestock, machinery and/or feeding stores that will be classed as a single business.

Eligible Land

You must enter all land you have Management Control over, not already registered organic, in your EoI. If you are offered a contract and it is later established you did not include all of your eligible land, your contract may be terminated and any payments made may be recovered with interest.

To be eligible to receive 2 years of conversion payments, a land parcel entered into the Organic Conversion Scheme contract must have started conversion after the offer of an Organic Conversion Scheme contract and before 1 January 2023.

Land needs to be in conversion for a minimum of two years to be eligible.

Rented land is only eligible if you can guarantee continuous management control for the five-year term of the Organic Conversion Scheme contract.

The criteria for Management Control can usually be met by the following:

• an owner occupier of the land.
• a tenant with a tenancy agreement under the Agricultural Tenancies Act 1995 Farm Business Tenancy or the Agricultural Holdings Act 1986.
• a licensor.

Only whole field parcels are eligible for an Organic Conversion Scheme contract.

All field parcels must be located in Wales.

Only Common Land which is used for grazing and where you are the sole

registered grazier shall be eligible for consideration for a Glastir Organic

contract. These parcels must be registered on RPW’s field parcel identification system.

Eligible crop codes

Eligible crop codes under their Land Cover Classification are listed at Annex 1: Table 1 of this guidance.

Crop codes listed under the Land Cover Classification column of Annex 1: Table 1 if declared on a Single Application Form 2022 will be eligible for the following payment rates:

If some or all of your land has not been declared on any Single Application Form in 2022, you will be required to submit the crop codes along with any documentary evidence such as cropping records, receipts, invoices etc.

Ineligible Land

Land that is already certified as organic.

Land already within organic conversion before the offer of an Organic Conversion Scheme contract.

Part land parcels. (Only whole land parcels can be offered to the Organic Conversion Scheme.)

Land previously supported to convert to organic by you cannot be re-converted using the Organic Conversion Scheme. If you are the new owner of land previously converted and subsequently reverted to conventional farming by another farming business, you may be eligible to re-convert to organic production using Organic Conversion Scheme support.

Common land, where there are multiple registered graziers on the common.

Permanent ineligible features are listed at Annex 1: Table 2 of this guidance.

Land Used for Sporting and/or Recreational Activities

You are considered to be operating a permanent sports or recreational ground if any of the following apply:

• The grounds are dedicated and kept throughout the year for sporting or recreational use. For example, golf course, football pitch, or a ménage (surfaced riding arena) for horse riding. This applies, even if the land is also used for agriculture, because agriculture is not the primary use.
• The grounds include one or more permanent structures used so people can take part in sport or recreation – or permanent structures for spectators, to make them more comfortable (for example, changing rooms, showers or toilets, cafe, spectator seating or viewing cabin). Car parks are not included.

When a ménage is near a livery or riding school, a spectator stand or viewing cabin for the ménage will be considered to be a permanent structure, but the buildings and stables of the livery or school will not.

• The grounds or facilities are not just for personal use.

Ineligible crop codes

Ineligible crop codes for Organic Conversion Scheme payments are listed at Annex 1: Table 2 of this guidance.

Funding Available

The Organic Conversion Scheme is a 5-year contract, which will provide support for conversion of eligible land to organic production and towards the cost of certification in the first two years of the contract only.  As a condition of these payments, you must maintain continuous organic certification for the remaining three years of the contract, once full conversion has been achieved after the first two years.

Payment Rates

Payment rates will be based on land use as submitted on your SAF 2022.  If some or all of your land has not been declared on any Single Application Form in 2022, payment rates will be based on the confirmed crop codes submitted and evidenced by you.

Payment Rate Definitions

Payment Rate 1

Rotational land:

Land within a rotation, such as arable land, grassland within an arable rotation, temporary grassland or horticultural crops within a rotation, such as brassicas, potatoes.

Land use will be identified based on SAF 2022 submission.

• Arable – various codes
• Temporary grass – GR1
• Horticultural crops within a rotation – various codes.

Payment Rate 2

Permanent crops / grassland:

Land not within a crop rotation, permanent crops, permanent grassland.

Permanent horticultural crops, such as orchards, soft fruit etc.

Land use will be identified based on SAF 2022 submission:

• Permanent grassland – GR2 and GR8
• Permanent crops: various codes.

Payment Rate 3

Permanent and temporary grassland with a dairy enterprise:

Land not within a crop rotation and permanent grassland. Temporary grassland.

Land use will be identified based on SAF 2022 submission.

• Permanent grassland – GR2 and GR8
• Temporary grassland – GR1

This payment rate will only apply to land which supports a dairy enterprise. (Dairy animals and dairy youngstock)

Farms with multiple enterprises, for example, a dairy unit and upland sheep will only be paid payment rate 3 for land utilised by the dairy enterprise. Land utilised by the sheep enterprise will be paid on either payment rate 1, 2 or 4, depending on the SAF 2022 submission or confirmed crop codes submitted and evidenced.

The area of eligible land eligible for payment rate 3 will be calculated based on the number of dairy animals on the holding using a standard livestock unit (LSU) calculation. Animals declared on your EoI will be checked against EID Cymru and BCMS records.

The maximum area supported under payment rate 3 will be calculated based on the number of dairy animals on the holding using a maximum stocking density of 2 LU / Ha.

For example:

Example 1:

A farm with 100 dairy cows (over 12 months) and 60 dairy youngstock (6 – 12 months) will have 136 dairy livestock units. Based on utilisation of the forage area at 2 LU / Ha,

the maximum area which would receive payment rate 3 would be 68 ha. (136 divided by 2).

Any additional permanent grassland above the 68 Ha would be paid at payment rate 2.

Example 2:

A farm with 120 dairy cows (over 12 months) and 80 dairy youngstock (6-12 months) will have 168 dairy livestock units.

Based on utilisation of the forage area at 2 LU / Ha, the maximum area which would receive payment rate 3 would be 84 ha. (168 divided by 2) However if this farm only has 50 Ha of permanent grassland and the remaining area supporting the dairy enterprise is rotational land, payment rate 3 would apply to temporary grassland up to the maximum 84 ha.

If the rotational land was used for crops other than temporary grassland, (e.g. maize or whole crop) this land would remain at payment rate 1 and payment rate 3 would only apply to the 50ha of permanent grassland.

Example 3:

A farm with 200 dairy goats (6 months or more) and 50 dairy goat youngstock (less than 6 months) will have 34 dairy livestock units. Based on utilisation of the forage area at 2 LU / Ha, the maximum area which would receive payment rate 3 would be 17 Ha. (34 divided by 2)

Any additional permanent grassland above the 17 Ha would be paid at payment rate 2. 

If eligible dairy livestock units, (based on utilisation of the forage area at 2 LU / Ha) exceed the available area of permanent grassland and temporary grassland, unenclosed grassland will not be considered for payment rate 3.

Land used for contract rearing of dairy animals are not eligible for payment rate 3.

Payment Rate 4

The application will identify unenclosed upland and sole grazier, grazed common land field parcels eligible for Payment Rate 4.  The Organic Conversion Scheme online application will identify unenclosed upland and sole grazier, grazed common land field parcels eligible for Payment Rate 4.

• Unenclosed upland is defined as land above the agricultural enclosure and is characterised by its open nature and has received limited agricultural improvement.
• Common Land which is used for grazing and where you are the sole registered grazier (Sole Grazed Common Land).
• Field parcels with 50% or more of the total field size made up of grazed blanket bog, coastal heath, lowland heath, and saltmarsh.

Identified via SAF 2022:

• Permanent grass – GR2 (unenclosed and above the upland boundary line)
• Saltmarshes – SM2
• Heather – HE9
• Heathlands – grazed – HE7

Organic Control Body certification costs

A contribution towards certification costs of £500 per year for the 2 year conversion period will be provided.

Applicants who already have organic certification but are applying to bring additional land into organic production will not be eligible for the £500 certification costs contribution.

Area of land that may be entered into the Organic Conversion Scheme and maximum payment rate.

There is no upper limit to the area of land that can be submitted for the Organic Conversion Scheme.

The maximum payment will be capped according to the following:

In reaching any payment threshold, the highest paying rate will be considered first.

For example, an applicant submits an EoI for 300 ha, made up of 50 ha rotational land, 200 ha permanent grassland and 100 ha of unenclosed land.

Area

Once the payment rate has been established, this will remain unchanged for the two years of the contract.

Where permanent ineligible features are introduced or identified on parcels within an Organic Conversion Scheme contract, (e.g. woodland or buildings) this area will be become ineligible for payment and removed from the contract.  Unless any land use change provides additional environmental benefits, any payments previously made may be recovered.

If the land use changes during 2023, (from a permanent to a rotational crop, or vice versa) this will not affect payments.

Key Requirements

In order to fulfil the Organic Conversion Scheme obligations, all land under contract must be continuously certified with a recognised OCB for the entire duration of the Contract, commencing 1st January 2023. The most recent OCB Certificate and Land schedules must be submitted by 31^st December 2023.

No payments will be made where an outstanding certificate has not been submitted.

If your application is successfully selected and you accept the contract, you will be required to submit a copy of your OCB application and Organic conversion plan prepared as part of the application, if applicable.

The documentation should be submitted when you submit your claim as part of SAF 2023.

To be eligible for payment rate 3, on acceptance of an Organic Conversion Scheme contract, successful applicants with a dairy enterprise will be required to submit:

• A letter of intent, from a milk purchaser / processor stating, in principle, they will purchase the organic milk following conversion.
• For those processing milk on the holding, confirmation and an explanation will be required of how they intend to change their processing methods and products in response to the availability of organic milk.

Successful applicants with a dairy enterprise will be required to maintain milk production for the duration of the contract and submit evidence as part of their annual claim.

Where milk production is not maintained for the 5 years, some or all of the grant could be reclaimed.

Where insufficient evidence is provided to demonstrate the scheme requirements have been met, payment may be withheld, the claim rejected and any previous payments recovered.

Details of the relationship between Organic Conversion Scheme and land entered into other schemes are set out below:

Glastir Advanced (standalone and combined with Glastir Entry)

Land included in a Glastir Advanced contract can be included in the Organic Conversion Scheme.

Glastir Commons

Land that is registered common land is not eligible for the Organic Conversion Scheme, except sole grazier common land registered in RPW’s land parcel identification system.

Land used in common, which is not registered common land, is eligible for the Organic Conversion Scheme. However, if you already hold a Glastir Commons contract on such land, restrictions apply. You cannot express an interest for works that will change the management of an existing Glastir Commons contract.

Glastir Organic

Land included in a Glastir Organic contract cannot be included in the Organic Conversion Scheme.

Glastir Woodlands and Successor Woodland Schemes

Land parcels under Glastir Woodland Creation and Glastir Woodland Restoration, or any successor schemes, will not be eligible for the Organic Conversion Scheme.

Organic Conversion Scheme parcels may be used to apply to Welsh Government supported woodland creation schemes.  If you are successful in applying for woodland creation support, no further Organic Conversion Scheme payments will be made on the area of land planted.

Glastir Small Grants and Small Grants - Environment

Land under an Organic Conversion Scheme contract can be included in Glastir Small Grants or Small Grants - Environment. If land becomes ineligible i.e. is no longer classified permanent grassland, permanent crops or rotational land following completion of a Glastir Small Grants or Small Grants - Environment project, the Organic Conversion Scheme support would be terminated on that land and any previous payments may be recovered.

Double Funding

You must not apply for the Organic Conversion Scheme if you are receiving funding for the same purpose from any other source.  If you received a contract for Glastir Organic, you will not be eligible for funding. This would be considered double funding for the same land.

If it is established you are receiving funding from another source for the Organic Conversion Scheme, this could result in financial penalties and the recovery of payments of your Organic Conversion Scheme contract and future exclusion.

It is a requirement to ensure any operations undertaken to achieve the Organic Conversion Scheme objectives do not breach environmental obligations under other environmental legislation, including European Protected Species (EPS), or damage any historic landscape features or areas. You must adhere to any specific consent conditions received from the relevant authority. Failure to do so may result in prosecution.

If consent cannot be granted, the operation must not be carried out.

RPW Online

You can submit an EoI for the Organic Conversion Scheme by accessing Rural Payments Wales (RPW) Online only. If you already have a Customer Reference Number (CRN), you should have received a letter informing you of your Activation Code to set up your account. If you no longer have this, please telephone the Customer Contact Centre on 0300 062 5004 (Monday – Thursday 8:30 – 17:00, Friday 8:30 – 16:30) and tell the operator your CRN. They will send you a new Activation Code.

To register your business details for the first time, you need to complete the online registration form. Please refer to the how to register guidance for further details. The vast majority of changes to business details can be done online. However, the Welsh Government may require further details on any major changes. Please contact the Customer Contact Centre for further information.

Once registered, you can access your RPW Online account. The Organic Conversion Scheme application is available from the “Applications and Claims” section of your account. 

Agents acting on behalf of a client will need to register as a Rural Payments Wales agent.  If you have yet to do this, you are advised to complete an online or paper copy Agent / Farming Union Customer Details (Wales) form immediately. The form is available on the Welsh Government website. Upon receipt of the form, we will send you an Agent Customer Reference Number (Agent CRN) and an RPW Online Activation Code. You will also need to complete an Association Authorisation Form, which can be completed once you register with RPW Online, please refer to our how to register guidance.

If you have any questions about registering for RPW Online or completing your EoI, please contact the Customer Contact Centre on 0300 062 5004. They will be able to provide advice, including any digital assistance available to you.

Further details regarding Rural Payments Wales Online are available on the Welsh Government Website

Please respond to any queries raised by the Welsh Government regarding your Organic Conversion Scheme EoI promptly. Failure to respond within the given time may prevent the offer of an Organic Conversion Scheme contract to you.

We will issue a maximum of 2 reminders for any outstanding draft EoIs via your RPW Online account prior to the closing date.

Application Process

The application process for the Organic Conversion scheme is in two stages.

1. An EoI should be submitted via RPW Online.
2. Following closure of the EoI window a selection process will be completed. If you are selected, a contract offer will be made to you via your RPW Online account. 

Submitting an EoI

Guidance on how to submit your EoI via RPW Online is available here in the How to Complete

All land you have management control for more than 365 days will be pre-populated on your Online EoI application. You will be required to select all field parcels that are eligible for the Organic Conversion Scheme. You will not be able to delete any field parcels from your application, you must deselect the parcel providing the reason for deselecting on your application. You may also add further field parcels into your application.

The livestock numbers you enter onto your application should correspond to the numbers on the holding as recorded on the British Cattle Movement Service (BCMS).

It is your responsibility to ensure that the EoI is correctly completed, and that the information provided in support of your application is accurate.

You must complete the EoI in full and provide all any necessary documentation in support of the application.

 We will issue a maximum of 2 reminders for applications in draft via your RPW Online account prior to the closing date.

Withdrawal of EoIs

Once your EoI is submitted you cannot amend it. If, having submitted your EoI, you need to change any of the crop codes provided the EoI window has not closed, you may withdraw your original EoI and resubmit a new one with the correct land parcels selected.

Once your EoI is submitted, you can withdraw it at any time. You can withdraw your EoI via “My Messages” in your RPW Online account. You may apply again in any future rounds, should a further application window be made available.

Scoring and Selection

The Organic Conversion Scheme will aim to select EoIs delivering the most positive environmental land management practices and contribute to the overarching aims of:

• Reducing Carbon and Green House Gas emissions.
• Building greater resilience into farm businesses by adapting to climate change.
• Managing water resources to improve water quality and reduce flood risks.
• Contributing to economic sustainability of farms and the rural community.
• Protecting and improving the natural landscape and the historic environment.
• Developing and improving Wales’ native biodiversity.

Scoring criteria

To be considered for support under the Organic Conversion Scheme, an Expression of Interest (EoI) must be submitted to the Welsh Government.  All eligible EoIs received by the Welsh Government will be considered for selection.

The selection process will analyse the potential for each EoI’s ability to contribute to key environmental objectives of the Organic Conversion Scheme. This is undertaken by measuring the intersection of the area of land included in the EoI with a number of digital maps, known as Geographical Information System (GIS) layers, where they occur throughout Wales.  These GIS layers inform where specific objectives of the Organic Conversion Scheme can best be delivered. For example, organic farming practices can improve water quality and enhance designated sites, such as Sites of Special Scientific Interest, and, where there is a higher priority to contribute to these objectives, EoIs will score higher than where there is a lower priority.

Each GIS layer is given a score, which is determined by the Welsh Government’s policy priorities.  The EoI is then assessed against each GIS layer.  A score is allocated based on the area that intersects with the layer which is calculated using the following formula:

Area (ha) of Target Objective Layer * x Weighting of Target
-----------------------------------------------------------------------        =  score
Area (ha) of Expression of Interest

*within eligible area (ha) of Expression of Interest

For example:

An EoI covering 90.24ha, of which 65.64ha falls within the Sensitive River layer, is allocated a weighting of 4 per hectare. The contribution of this objective layer to the overall score for the EoI would be calculated as follows:

65.64 x 4   =   2.9
-----------------------
   90.27

The Sensitive River objective, therefore, contributes 2.9 points to the score for the EoI.

This calculation is completed for each objective GIS layer the EoI intersects. The scores achieved for each layer are then added together to give a total score for the EoI. An EoI which intersects with more objective GIS layers, particularly high priority layers, will accumulate a higher score.

The total score achieved for the objective layers is then divided by the area of the EoI. This provides the final score used to rank all the EoIs received.

All EoIs are ranked according to the final score achieved and the highest scorers will then be selected and processed.

A table listing all the Objective GIS Layers and associated weighting is included at Annex 2.

If the available budget is not sufficient to offer all applicants a contract, the Welsh Government will use a competitive selection process to decide which applicants are offered a contract.  Where applications have equal scores and are of the same value and rank on the available budget threshold, the Welsh Government reserves the right to either select or reject these applications, depending on budget availability.

You will be notified whether your application has been successful or not and informed of the objectives identified on your farm used to calculate your score.

Offer of Contract

If you are offered a contract, you must accept or decline the offer within 30 calendar days of the date of the offer.

Once a contract has been offered, you cannot make any changes.

If you do not accept the contract within 30 calendar days, the contract offer will be withdrawn.

We will issue a reminder via your RPW Online account prior to the deadline date in your letter.

Once accepted , you need to provide the relevant OCB certificate and Land Schedule, a copy of the OCB application and organic conversion plan, if applicable, by 31 December 2023 to be eligible to receive payment. 

Organic Conversion Scheme support will not be paid unless all supporting documents have been received and verified as meeting the scheme requirements.

The Organic Conversion Scheme is subject to a range of relevant legislation (see Section M). The Welsh Government and the applicant / recipient must act in accordance with that legislation.

The offer of an Organic Conversion Scheme contract is made subject to terms and conditions, which will be set out in full in your contract and include those set out below. Failure to meet the terms and conditions of the contract could result in the cancellation of your contract and / or the recovery of sums already paid, or a reduction of the amount payable.

Conditions

The award is made based on statements and declarations made by you or your representatives in the EoI and the claim form and any subsequent correspondence. The making of false or misleading statements is an offence.

Any person who makes a false declaration or fails to notify the Welsh Government of a material change to the information given in this EoI may be liable to prosecution. A false, inaccurate or incomplete statement or failure to notify the Welsh Government of any material changes to the information given in this EoI may result in termination of contract and/or recovery of any Payments.

The applicant is required to read and understand the relevant scheme rules and guidance notes.

You have given details that are true, accurate and complete to the best of your knowledge and belief on the EoI and any supporting documentation.

You acknowledge neither the Welsh Government nor any adviser appointed by the Welsh Government shall be responsible for any advice given, including, without limit any advice given in relation to the application and you are solely responsible for all business decisions undertaken.  

You must meet any statutory obligations such as Health and Safety; employment; hygiene; environmental management and protection; animal or crop health and welfare that apply during the time of this project.

The Welsh Government may need to update the rules and conditions to take account of changes made to the Government of Wales Act 2006.

You must agree to abide by any changes following notification by the Welsh Ministers.

You must comply with all applicable domestic, or international laws or regulations or official directives.

You must notify Welsh Government of any changes to the details provided in the Applicant Details part of the form.

You must allow officers of the Welsh Government or their duly authorised agent, access to and to inspect land and all records and information needed to establish eligibility and the accuracy of the information provided for which you are making this EoI.

You must not undertake work prior to entering the Organic Conversion Scheme that damages the environment and understand such action could result in rejection of your EoI.

You must have excluded land which is under other management agreements or grant you receive, or intend to apply for, that may have a potential for double funding.

You must maintain adequate insurances to cover against the risks which may arise in connection with any property, or any activity undertaken in delivery of the Purposes. We reserve the right to require you to provide proof of your insurance.

The Welsh Government may need to share some information about your Organic Conversion Scheme EoI with other organisations and you agree to any necessary disclosures or exchanges of information.

The Welsh Government may also obtain information about you from certain other organisations or provide information about you to them in order to verify the accuracy of the information, prevent or detect crime and protect public funds. These other organisations include government departments, local authorities and other bodies as appropriate.

The publication and disclosure of information by the Welsh Government will be in accordance with the obligations and duties under the Freedom of Information Act 2000, the Data Protection Act 2018 and the Environmental Information Regulations 2004. Other information provided may also be disclosed where permitted by law.

Claims

Organic Conversion Scheme payments will only be available to claim on the Single Application Form in the relevant claim year; payments will be made following the successful validation of your claim.  Claims will only be paid when the Welsh Government is satisfied the land conversion and certification requirements have been met. Payment will be made by electronic transfer to your bank account.

In order to receive Organic Conversion Scheme payments, you must:

• Have entered into an Organic Conversion Scheme contract and adhere to all the requirements.
• Not make a false or misleading statement or declaration or furnish false or misleading information.
• Not have artificially created the conditions required to obtain the payments.
• Allow land to be inspected at any time following notification by the Welsh Government or other authorised persons and provide any document or record the Welsh Government or other authorised persons may require.
• Submit valid and complete claims by the stipulated date using the Single Application Form in the relevant claim year.  A claim is not considered valid until all required supporting information is submitted.
• You must submit your claim by the deadline included in your contract. Claims submitted after the deadline will be automatically rejected.

Incorrect claims and penalties

Where we find anomalies in your claim, payments will be reduced to the amount found.

Over-declaration

Over Declaration penalties will be applied where the area declared for the Organic Conversion Scheme on the Single Application Form (SAF) is more than the determined area. Penalties are calculated using the area declared on your SAF which receive the same rate of aid (referred to as crop groups).  In the case of the Organic Conversion Scheme, each Payment Rate is a separate crop group.

Where the area claimed for the Organic Conversion Scheme exceeds the eligible area (e.g. an ineligible feature has been introduced to the contract area), if this is not declared in the Single Application Form in the relevant claim year, any grant paid on the ineligible area will be reclaimed.

If the area is more than either 3% or 2 hectares, of the contract area, the area eligible for payment will be reduced by 1.5 times the difference found.

The penalty will not exceed 100% of the amounts based on the area declared.

Below are examples of over-declaration penalties.

Example 1:

An Organic Conversion Scheme claimed area for Payment Rate 1 is declared as 100ha, but is determined to be 98.5ha as the claimant has built a new agricultural building on land within the contract. No reduction will apply since the difference is not more than 3% or 2 hectares, but Organic Conversion Scheme payment will be based on 98.5 hectares.

Example 2:

An Organic Conversion Scheme claimed area for Payment Rate 1 is declared as 100ha, but is determined to be 90ha as the claimant has planted a new woodland on land within the contract. As the difference is more than 3% or 2 Ha, a penalty will apply. The Organic Conversion Scheme payment will be based on 75 ha, which is 90ha minus 15ha (10ha x 1.5).

Future Exclusion

Future exclusion is to ensure the environmental benefits are achieved through the Organic Conversion Scheme by discouraging EoIs from those not committed to undertaking organic conversion for the duration of the contract.

Non-completion of a contract could also prevent other land managers and farming businesses from being selected for the Organic Conversion Scheme.

If the Welsh Government accepts you cannot complete any Organic Conversion Scheme commitments due to demonstrated exceptional circumstances, the commitment will be removed from the contract. Each request will be assessed on a case-by-case basis.

Offences

Regulation 13 of the Rural Development Programmes (Wales) Regulations 2014 (No. 3222 (W.327)) establishes criminal offences and penalties in relation to certain aspects of rural development funding.  That Regulation and those offences are applicable to the Organic Conversion Scheme.  Examples of offences include knowingly or recklessly providing false or misleading information in relation to rural development funding, obstructing an inspector or official, and refusing to provide information when requested to do so.

Please be aware, Organic Conversion Scheme contracts can be transferred if the farm business which is assuming control of the land agrees to continue with the terms and conditions of the OCS contract. If, however, you sell or transfer land (written or unwritten Tenancy agreement), without the other farm business agreeing to take over the contract, prior to the completion of the contract, your contract will be cancelled and no payment will be made. Furthermore, payments already made to you during the contract may be recovered.

Legislation Changes (Including Changes in Interpretation)

Legislation may change from time to time and you will be required to abide by any changes to the scheme rules, following notification from the Welsh Government.

Changes to Scheme Rules or Contract

We may need to make changes to the scheme rules and/or your contract for a number of reasons. For example, we may need to update the management conditions to take account of the latest scientific advice or amend scheme rules to take account of any changes to legislation. We will publicise changes on the Welsh Government website and, where necessary, contact you directly.

Controls

The Welsh Government must enforce the Organic Conversion Scheme rules.

Your claim may be selected for a visit to verify you are meeting the terms of your contract before the payment is made to you or it may be selected for a visit after the payment has been made.

All the details in your EoI, the details in your claim and the declarations you made on submitting the EoI and claim will be checked at inspection.

The Welsh Government and the specialist control bodies will try to ensure visits cause you the minimum of disruption, but some checks require visits to be unannounced, which means it may not be possible to give you notice. You may be subject to more than one visit during a calendar year.

If you refuse to allow a visit, obstruct an officer or fail to give reasonable assistance, your claim may not be paid, we may recover payments and you may be prosecuted.

Monitoring

It is a requirement all grant awards are monitored and the effect of the grant on the business is evaluated.

You must allow officials from the Welsh Government, or their representatives, to inspect the land at any reasonable time within this 5 year period.

Record keeping

You must keep all records and information you need to evidence you have provided complete and accurate information and have complied with your undertakings for 5 years.

You will also be required to:

• Supply to the Welsh Government any information about your Organic Conversion Scheme contract and supply that information within the period determined by the Welsh Government.
• Make available to the Welsh Government, its authorised persons or its agents, records, accounts, receipts and other information, including access to computer data relating to your Organic Conversion Scheme contract. Permit the Welsh Government to remove any such document or record to take copies or extracts from them.

Appeals Procedure

There are no grounds for appeal at the EoI stage.

If you are selected, the ‘Independent Appeals Process for Rural Grants and Payments’ allows you to request a review if you feel the Welsh Government has not reached a correct decision according to the rules of the scheme.  

The appeals process consists of two stages:

• Stage 1: review by RPW
• Stage 2: review by an Independent Appeals Panel (if you are dissatisfied with the Stage 1 response).

The Independent Panel makes recommendations to the Welsh Ministers, who take the final decision, which concludes the process.

There is no charge for Stage 1 of the process, but there is a charge at Stage 2 – £50 for a written hearing or £100 for an oral hearing.  These charges are repaid in full if the Stage 2 appeal is either partially or fully successful.

Appeals, including supporting evidence, must be submitted via RPW Online within 60 days of the date of the letter outlining the decision you wish to appeal against.

We welcome receiving appeals in Welsh and will respond to any correspondence in Welsh.  This will not lead to a delay in processing your appeal.

Further details of the appeals process and how to submit an appeal, using the online appeal form, can be obtained from the Customer Contact Centre or our website at Rural grants and payments appeals 

Complaints Procedure

Complaints will be dealt with under the Welsh Government’s procedure on Complaints. Further advice on how to make a complaint can be obtained from the Complaints Advice Team:

Welsh Government
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Tel: 03000 251378

E-mail: complaints@gov.wales

Website: Complaints about Welsh Government

You may also choose to contact the Public Services Ombudsman for Wales:

1 Ffordd yr Hen Gae
Pencoed
CF35 5LJ

Tel: 0300 790 0203

Website: Ombudsman

How we will handle any personal data you provide in relation to your grant application or request for grant funding.

The Welsh Government provides a wide range of grant schemes to help deliver our policies and create a fairer, more prosperous Wales.

The Welsh Government will be data controller for any personal data you provide in relation to your grant application or request for grant funding. The information will be processed as part of our public task (i.e. exercising our official authority to undertake the core role and functions of the Welsh Government) and will help us assess your eligibility for funding.

Before we provide grant funding to you, we undertake checks for the purposes of preventing fraud and money laundering, and to verify your identity. These checks require us to process personal data about you to third party fraud prevention agencies.

If we, or a fraud prevention agency, determine that you pose a fraud or money laundering risk, we may refuse to provide the grant funding you applied for, or we may stop providing existing grant funding to you.

A record of any fraud or money laundering risk will be retained by the fraud prevention agencies, and may result in others refusing to provide services, financing or employment to you.

In order to assess eligibility, we may also need to share personal information relating to your application with Regulatory authorities, such as HM Revenue and Customs, Local Authorities, Health and Safety Executive and the Police.

Your information, including your personal information, may be the subject of a request by another member of the public. When responding to such requests the Welsh Government may be required to release information, including your personal information, to fulfil its obligations under the Freedom of Information Act 2000, the Environmental information Act 2004 or the Data Protection Act 2018.

The Welsh Government will publish details of the amounts paid to Rural Support beneficiaries. Data will be published for all beneficiaries on a searchable website and will include the name and locality of the farmer/land manager and details of the amounts and schemes for which subsidy has been paid. However, for those receiving less than the equivalent of £1,250 in subsidies the name will be withheld. The data will be published annually on 31 May and remain available for two years from the date it is published. The information will be available on the Defra website

We will keep personal information contained in files in line with our retention policy. If successful in your application then your personal data will be kept for 7 years after the date when you, as grant recipient, are free from all conditions relating to the grant awarded and all payment have been made. However, if the funding is awarded under General Block Exemption or De Minimis, your personal data will be kept for 10 years from the conclusion of any aid award. If you are unsuccessful, your details will be kept for one year after the date you provided them.

Under the data protection legislation, you have the right:

• To access the personal data the Welsh Government holds on you.
• To require us to rectify inaccuracies in that data.
• To (in certain circumstances) object to or restrict processing.
• For (in certain circumstances) your data to be ‘erased’.
• To lodge a complaint with the Information Commissioner’s Office (ICO) who is the independent regulator for data protection.

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the GDPR, please see contact details below:

Data Protection Officer
Welsh Government
Cathays Park
CARDIFF

CF10 3NQ

Email: dataprotectionofficer@gov.wales

The contact details for the Information Commissioner’s Office are:

2nd Floor, Churchill House

Churchill Way

Cardiff

CF10 2HH

Telephone: 0330 414 6421

Website: https://ico.org.uk/

Should you have any queries regarding this privacy statement please contact the RPW Customer Contact Centre.

Privacy notice: Welsh Government grants.

The Organic Conversion Scheme delivers against a range of Government commitments and objectives, these are listed below along with the legislation and governance that applies.

Organic Conversion Scheme is governed by Retained EU Law (REUL) Council Regulations No. 1305/2013, 1303/2013 and 1306/2013, Implementing Regulation No. 808/2014 and No. 809/2014 and Delegated Regulation 640/2014 and 807/2014 (all as amended from time to time).

The REUL is implemented in Wales through the following domestic law (all as amended from time to time), including by the Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021/400 (W.129):

• the Rural Development Programmes (Wales) Regulations 2014/3222 (W.327)
• the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014/3223 (W.328) 

The Organic Conversion Scheme is a multi-annual, land-based scheme available to land managers and farming businesses across Wales. The payment options available are chosen for their broad and general environmental benefits and their ability to deliver to the Welsh Government’s four strategic objectives, which are:

• Fostering the competitiveness of agriculture.
• Contributing towards the sustainable management of natural resources as set out in Part 1 of the Environment (Wales) Act 2016.
• Ensuring climate resilience.
• Achieving a balanced territorial development of rural economies and communities including the creation and maintenance of employment.

There are three cross cutting objectives for the Organic Conversion Scheme, which are:

• Climate change mitigation and adaptation.
• Innovation.
• Environment.

Activities will address at least one of the following Welsh Government priorities:

1. fostering knowledge transfer and innovation in agriculture, forestry, and rural areas;
2. enhancing farm viability and competitiveness of all types of agriculture in all regions and promoting innovative farm technologies and the sustainable management of forests;
3. promoting food chain organisation, including processing and marketing of agricultural products, animal welfare and risk management in agriculture;
4. restoring, preserving and enhancing ecosystems dependent on agriculture and forestry;
5. promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in the agriculture, food and forestry sectors;
6. promoting social inclusion, poverty reduction and economic development in rural areas.

World Trade Organisation and Subsidy Control

1.    Subsidies provided under this scheme are considered to be payments under an environmental programme, which fall within the scope of Annex II of the WTO Agreement on Agriculture (AoA) and have been classified as ‘green box’.

2.    As such, these subsidies are exempt from the UK-EU Trade and Cooperation Agreement (TCA) and the interim UK subsidy control regime.

Enquiries – Customer Contact Centre

For all enquiries, please contact the RPW Customer Contact Centre.

Enquiries can be submitted via RPW Online at any time.

Access to Welsh Government offices for people with disabilities or special needs

If you have any special needs which you feel are not met by our facilities contact the Customer Contact Centre on 0300 062 5004. Welsh Government officials will then endeavour to make arrangements to accommodate your requirements.

Welsh Government website

For all of the latest Agricultural and Rural Affairs information, visit the Welsh Government’s website. By visiting the website, you can also sign up to receive the Rural Affairs e-newsletter which delivers the latest news directly to your e-mail inbox.

Gwlad

The Gwlad e-newsletter is the Welsh Government’s e-newsletter for farm and forestry businesses and all those involved with agriculture and rural Wales.  It contains news stories, guidance and information in an accessible, easy-to-read format.  To keep informed and up to date with all the latest agriculture news and developments in future we would encourage you to sign up to receive the Gwlad e-newsletter. You can do this either at Welsh Government announcements or at Subscribe to farming and forestry news on the Welsh Government website.

Other useful contacts

Natural Resources Wales for SSSI, NNR, SAC or SPA agreement land:

Natural Resources Wales
c/o Customer Care Centre
Tŷ Cambria
29 Newport Rd
Cardiff
CF24 0TP

Tel: 0300 065 3000 
General enquiries: 0300 065 3000 (Mon-Fri, 8am – 6pm) 
General Enquiries: enquiries@naturalresourceswales.gov.uk

Cadw: Scheduled Ancient Monuments (SAMs) and Registered Parks and Gardens:

Cadw
The Welsh Government
Plas Carew
Unit 5/7 Parc Cefn Coed
Nantgarw
Cardiff
CF15 7QQ

Tel: 01443 33 6000 
Fax: 01443 33 6001 
E-mail: Cadw@Wales.gsi.gov.uk

Archaeological Trusts: For unscheduled ancient monuments or historic features, contact the relevant Archaeological Trust in your area:

Clwyd-Powys Archaeological Trust
41 Broad Street
Welshpool
Powys
SY21 7RR

Tel: 01938 553670 
Fax: 01938 552179 
E-mail: trust@cpat.org.uk 
Website: www.cpat.org.uk

Glamorgan-Gwent Archaeological Trust

Heathfield House
Heathfield
Swansea
SA1 6EL

Tel: 01792 655208 
Fax: 01792 474469 
E-mail: enquiries@ggat.org.uk 
Website: www.ggat.org.uk

Dyfed Archaeological Trust
The Shire Hall
Carmarthen Street
Llandeilo
Dyfed
SA19 6AF

Tel: 01558 823121 
Fax: 01558 823133 
E-mail: info@dyfedarchaeology.org.uk 
Website: www.dyfedarchaeology.org.uk

Gwynedd Archaeological Trust
Craig Beuno
Garth Road
Bangor
Gwynedd
LL57 2RT

Tel: 01248 352535 
Fax: 01248 370925 
E-mail: gat@heneb.co.uk 
Website: www.heneb.co.uk