Single Farm Payment (Cross Compliance Questions)

The Department of Agriculture and Rural Development (DARD) provides a list of frequently asked questions and answers relating to Cross-Compliance and how to access information generally from the Department.

The Council of Ministers of the European Union has recognised that in return for receipt of direct agricultural support (including Single Farm Payment) and certain payments under the Northern Ireland Rural Development Programme (NIRDP), recipients have important responsibilities towards the protection of the environment, animal health and welfare, and public health. The CAP Reform Agreement therefore requires recipients to observe certain conditions in these areas in return for receipt of payment. This is known as “Cross-Compliance”.

There are two aspects to Cross-Compliance. The first is the Statutory Management Requirements (SMRs); set by the EU and apply to all Member States. These are made up of specific articles contained within 18 European Directives and Regulations covering the environment, food safety, animal and plant health and animal welfare.

The second aspect of Cross-Compliance is a requirement that all those in receipt of direct agricultural support and/or payments under the relevant NIRDP measures maintain their land in Good Agricultural and Environmental Condition. There are 7 Northern Ireland Good Agricultural and Environmental Condition (GAEC) Measures covering soil management, supplementary feeding, overgrazing, undergrazing, field boundaries, protection of habitats (welfare areas), archaeological sites and permanent pasture and irrigation authorisations.

From 1 January 2007, applicants for the following NIRDP measures have been required to meet the requirements of Cross-Compliance.

The Countryside Management Scheme

The.Organic Farming Scheme

Less Favoured Area Compensatory Allowances

The Woodland Grant Scheme

The Farm Woodland Premium Scheme

The Sustainable Forest Operation Grant Scheme

Under EU law at least 1% of applicants are required to be inspected for the different Cross-Compliance standards. In some cases there is a higher inspection rate set by EU law, for example, in the area of Cattle Identification and Registration.

Farmers to be inspected for Cross-Compliance purposes are selected mainly using a risk analysis methodology with a smaller element chosen on a random basis. Complaints and referrals from members of the public and other Government Bodies will also be investigated. In Northern Ireland, compliance with the Cross-Compliance requirements is checked by four Competent Control Authorities. Each Competent Control Authority is responsible for inspecting the Cross-Compliance standards that fall under its area of responsibility. Cross-Compliance inspections also help contribute to confidence in the high standards of the food chain, animal health and welfare, food safety and the environment in Northern Ireland.

- Good Agricultural and Environmental Condition Requirements (GAEC)

- SMR 10 (Food and Feed Law)

12 SMRs covering:-

•Animal Identification;

•Illegal hormone use;

•Feed and Food Law;

•Disease notification;

•Animal welfare.

- Environmental SMRs

- Safe use of pesticides SMR

From the beginning of the 2009 scheme year, DARD Service Delivery Group undertook Cross-Compliance inspections on behalf of HSENI.

Under EU law, for land related inspections, provided that the purpose of the inspection is not jeopardised, advance notice may be given. This will not exceed 14 days.

For inspections involving animals, advance warning of an inspection is not required. However, provided that the purpose of the inspection is not jeopardised, advance notice may be given, and in most instances, this will not exceed 48 hours.

On arrival you will be told what the official will be checking and given an estimate of how long the inspection will take. This will vary depending on your holding and the number of standards that apply. We aim to keep any inconvenience to a minimum and will take the necessary precautions to prevent the spread of disease from one farm business to another.  

The purpose of the inspection is to confirm that you are meeting the requirements that apply to your farm business. These are set out in the following booklet and supplements:

•Cross-Compliance Verifiable Standards Summary

•Cross-Compliance Verifiable Standards (full document)

We will normally check your premises (including land, crops and livestock) and the associated records. These include herd/flock registers, movement records and medicine records. These farm records are essential, and help show us that you are meeting specific standards.

Depending on the requirements to be checked during the inspection, the inspector will look around the land and/or livestock (assuming you have livestock) on your holding to ensure you are compliant with all the requirements of the appropriate GAECs and SMRs.

For DARD Veterinary Service inspections, you must be prepared to present your animals to the inspector and make sure that your facilities for handling livestock are suitable and well maintained.  You will be asked for your co-operation in the initial phone call or on arrival.

For Cross-Compliance inspections it is important that you have all of the relevant farm records available for inspection. We would also need to see any letters issued by the relevant authority that permit you to carry out certain activities on your land, for example, relevant exemptions, licenses or notices/letters of consent.

After the inspection we will give you the opportunity to see and sign the inspection report form. The findings of all Cross-Compliance inspections are referred to DARD for processing. Most farmers are fully compliant, and their papers are simply checked and filed. However, where an official reports that you are in breach of a Cross-Compliance Verifiable Standard(s), DARD will write to you to confirm this. The letter will provide information about the breach and advise you of any proposed payment reduction. In some circumstances, no reduction will be applied but a warning letter may be issued. You will have the opportunity to query any decision made and, ask to have the decision reviewed.

Not necessarily – we are required to inspect 5% of applicants to ensure that they are eligible to receive Single Farm Payment and that the information supplied on their application form is accurate.

You have a right to ask for a review of any decision to apply a penalty or exclusion. Details of the review procedure will be sent with the letter advising you of the breach and subsequent penalty.

The majority of farmers subject to inspection in 2010 were found to be compliant. However, there were a small number of breaches across most of the requirements. The majority of failures relate to cattle identification and include the lack of records or failures to report movements or deaths both in farm registers and on APHIS.

As far as the land related Cross-Compliance requirements are concerned, you, as claimant, are responsible for Cross-Compliance obligations relating to all agricultural land you declare on your SAF application for the entire calendar year. This applies even if you are not in occupation of the land for the entire year.

For example:

If you were to take on some agricultural land (transferee) on 10 April and it forms part of your holding on 15 May, you would be liable for any Cross-Compliance breaches that occurred since the start of the year, including any period between 1 January and the date you took on the land.

There is one exception to this rule. If the transferor (i.e. the person you took the land on from) submits a claim for other land in that calendar year, they will be liable for Cross-Compliance breaches during the period that the land transferred was at their disposal (i.e. before it was transferred).  Similarly, if you claimed on some land which you then transferred out after 15 May, you would remain responsible for ensuring that the Cross-Compliance requirements relating to that land were met until the end of the calendar year. Again, however, if the transferee submits a claim in that calendar year, they will be liable for Cross-Compliance breaches during the period the land was at their disposal (i.e. from the date of transfer).

Therefore, if you are transferring land (either in or out) during the year, you should carefully consider the terms of any contractual arrangements between you and the transferor or transferee. This is so you can make sure that your interests are protected and you can produce documentary evidence regarding responsibility for the land if either a Cross-Compliance breach occurs or access to inspectors is prevented before or after the land transfer. Similarly, you should bear in mind the risks of not having written contractual arrangements agreed and in place.  

Responsibility for ensuring compliance with the animal related Cross-Compliance requirements falls to the keeper of the animals.

Details of the consequences of non compliance are provided in the Guide to the 2011 IACS/Single Application. In summary, a financial reduction will normally be applied to your claim. This will take account of the individual circumstances including the severity, extent, and permanence of the impact, and whether it is a repeated breach. If your actions are considered to be negligent the reduction is less than for an intentional breach.

The Cross-Compliance requirements are set out in the booklets previously listed.  If you need further advice, contact numbers are provided in the booklets.

All payments on fully validated applications will be made before the end of the Single Farm Payment, payment window, that is, by 30 June of the year following the year of application.

For additional information on Cross-Compliance inspections please contact:

Rural Payments and Inspection Division,

Room 558,

Dundonald House,

Belfast,

BT4 3SB

Telephone number: (028) 9052 5549

Fax number: (028) 9052 4431

Or by accessing the following website – www.dardni.gov.uk/cross-compliance