Agri-Environment Scheme Agreement (Ireland)

An Agri-Environment Scheme Agreement in Ireland sets the terms on which the land, stock, or rural work is held or carried out between the parties, and is governed by the Freedom of Information Act 2014.

ACRES is Ireland's successor to the Green Low-Carbon Agri-Environment Scheme (GLAS) and is the primary agri-environment measure under Ireland's CAP Strategic Plan 2023–2027, submitted to the European Commission pursuant to EU Regulation 2021/2115 of the European Parliament and of the Council of 2 December 2021 on support for strategic plans under the Common Agricultural Policy. The scheme is co-funded by the European Agricultural Fund for Rural Development (EAFRD) and the Irish Exchequer, with total scheme funding of €1.5 billion over the programming period, making it one of the largest agri-environment investments in Irish farming history.

The legal and administrative framework for ACRES in Ireland is built on EU Regulation 2021/2115 (the CAP Strategic Plan Regulation), EU Regulation 2021/2116 (the horizontal regulation on CAP financing, management and monitoring), and the associated implementing and delegated regulations, transposed and supplemented in Irish domestic law principally through the European Communities (Common Agricultural Policy) (Integrated Administration and Control System) Regulations 2022 (S.I. No. 248 of 2022) and the DAFM's annual land parcel identification system (LPIS) maintenance and update regulations.

The scheme operates across two parallel approaches. The ACRES General approach is open nationwide to all farmers who meet the eligibility criteria set by DAFM. Participants select from a menu of general actions — covering grassland, arable, horticulture, and farm infrastructure measures — at published per-hectare or per-action payment rates, subject to an annual cap. The ACRES Co-operation approach targets farmers in designated high-nature-value and Natura 2000 areas who agree to work collectively under the guidance of a trained ACRES Co-operation Project team to deliver landscape-scale environmental outcomes, with additional results-based payments linked to measurable improvements in habitat quality and biodiversity indicators.

The participation agreement itself is a multi-year binding commitment — typically five years for ACRES Tranche 1 participants — signed by the farmer and countersigned by a DAFM officer. It records the farmer's details, the specific agricultural lands covered by the agreement (identified by land parcel reference numbers from the LPIS), the selected scheme actions and their associated payment rates, the Baseline Environmental Obligations that apply to all participants, and the farmer's obligations regarding record-keeping, access for inspection, and compliance with the scheme terms and conditions. The agreement is supplemented by the ACRES Terms and Conditions document published by DAFM for each scheme tranche, which forms part of the contractual framework and must be read alongside the signed agreement.

An Agri-Environment Scheme Agreement is needed whenever an Irish farmer or agricultural landowner wishes to formally participate in ACRES or any other agri-environment scheme administered by the Department of Agriculture, Food and the Marine. The agreement is the essential document through which scheme participation is formalised, payments are authorised, and the farmer's legal obligations are recorded.

You need an agri-environment scheme agreement when you have been approved by DAFM to join ACRES following submission of an application through the ACRES online portal and preparation of a Farm Sustainability Plan by an ACRES-approved agricultural advisor. The Farm Sustainability Plan identifies the most appropriate actions for your farm based on an assessment of your land's agri-environmental characteristics and the scheme actions available in your area. Before your first scheme payment can be issued, you must sign the participation agreement confirming your acceptance of the approved actions and payment rates.

You need an agri-environment scheme agreement when you are taking over a farm that is already enrolled in ACRES or another agri-environment scheme — for example, through inheritance, purchase, or a long-term land lease. In these circumstances, DAFM will typically require the incoming farmer or landowner to formally accept the scheme obligations and sign a new participation agreement (or a novation agreement transferring the existing agreement), failing which the outgoing participant may face payment recovery obligations.

You need an agri-environment scheme agreement when you are entering into a farm land lease and both the landowner and the tenant wish to clarify their respective rights and obligations in relation to the agri-environment scheme participation. The Farm Lease Agreement and the ACRES Participation Agreement should be read together to confirm consistency regarding access, land management, record-keeping, and the allocation of scheme payments between landlord and tenant.

You need an agri-environment scheme agreement when applying for the ACRES Co-operation approach and you are required to enter into a collective landscape action agreement with other farmers in your co-operation project area, in addition to your individual participation agreement with DAFM.

A thorough Irish Agri-Environment Scheme Agreement for ACRES participation should address the following key elements to be legally complete and practically effective.

The parties and background clause identifies the farmer by full name, address, Eircode, and BISS/Basic Payment Scheme registration number, and identifies the Department of Agriculture, Food and the Marine as the scheme administrator acting on behalf of the Irish State and the European Union under EU Regulation 2021/2115.

The scheme details clause specifies whether the participation is under the ACRES General approach or the ACRES Co-operation approach (or both), the ACRES tranche (Tranche 1 or Tranche 2), the scheme commencement date, and the scheduled end date of the five-year scheme term.

The selected actions schedule provides a detailed list of all approved scheme actions, the land parcel identification system (LPIS) reference numbers for the parcels on which each action applies, the eligible area in hectares for each action, the applicable payment rate per hectare or per action, and the maximum annual payment entitlement. This schedule should be cross-referenced with the DAFM Farm Sustainability Plan prepared by the participant's ACRES advisor.

The Baseline Environmental Obligations clause sets out the GAEC (Good Agricultural and Environmental Condition) standards and Statutory Management Requirements (SMRs) under the EU Conditionality regime (Articles 12–14 of EU Regulation 2021/2115) that all ACRES participants must comply with as a condition of receiving any CAP payments, including BISS and ACRES payments.

The obligations clause records the farmer's primary obligations: to carry out the selected actions in accordance with the DAFM prescription requirements; to maintain the required records; to notify DAFM of any changes to the farm or scheme actions; and to grant access for DAFM inspections.

The payments clause specifies the payment schedule (typically annual, following submission of the BISS/ACRES application by 31 May each year), the payment rates, and the basis on which payments may be reduced or withheld for non-compliance under the EU Administrative Penalty System.

The force majeure clause incorporates the relevant provisions of EU Regulation 2021/2116 (Article 3) regarding exceptional circumstances and force majeure, and the notification procedure that the farmer must follow.

The termination and recovery clause addresses the circumstances in which the agreement may be terminated before the end of the five-year term (whether by the farmer or by DAFM for non-compliance), and the payment recovery provisions that apply on early termination, consistent with the ACRES Terms and Conditions and EU audit requirements. The forms-legal.com Agri-Environment Scheme Agreement (Ireland) template covers the mandatory elements under Freedom of Information Act 2014.

Additional compliance elements for a Agri-Environment Scheme Agreement (Ireland) used in Ireland include: Data Protection — the Data Protection Act 2018 and GDPR Article 6 require a lawful basis for processing personal data; Governing Law — specify Irish law and the jurisdiction of Irish courts; Dispute Resolution — parties may refer disputes to the Workplace Relations Commission (WRC) for employment matters or initiate proceedings in the Circuit Court or High Court of Ireland for civil claims. Under the Freedom of Information Act 2014, public bodies must respond within 20 working days. Section 13 of the Freedom of Information Act 2014 governs access requests. The Data Protection Act 2018 and GDPR Article 15 provide complementary access rights. The Office of the Information Commissioner reviews FOI decisions on appeal. Revenue Commissioners and the Companies Registration Office (CRO) handle government compliance obligations. Revenue Commissioners require appropriate tax treatment of payments made under the agreement, including VAT under the Value-Added Tax Consolidation Act 2010 where applicable.