Cross-Compliance

Statutory Management Requirements

It is a condition of receipt of payments under the Single Payment Scheme and certain other similar schemes that the farmer complies with the statutory management requirements (SMR) and keeps the land in good agricultural and environmental condition (GAEC).

The statutory management requirements are set out in EU legislation on the environment, animal and public health and animal welfare.   It is an essential part of an entitlement to the payment that the declared acres of land are maintained from an environmental, public health, animal welfare perspective. The cross-compliance requirements were phased in over three years from 2005.

The requirements that states had to address in terms of GAEC, were set out in EU Council Regulation.  States were to define GAEC within the framework and the Irish standards were setout in a booklet published by the Department of Agriculture. The following GAEC applies to all farmers in respect to all lands farmed.

Soil Protection

Steps must be taken to prevent soil erosion or protect soil through appropriate measures.  Reasonable steps should be taken to prevent soil erosion.  This may require maintenance of vegetation, ploughing, retention of sand dunes and other works.  Soil organic matter levels must be protected through appropriate practices.  This may require appropriate crop rotations or practices. Reasonable steps must be taken to ensure that soils are not compacted.

Land should be maintained in a state that permits agricultural production to continue.  On non-tillage and grassland, appropriate grazing or cutting management practices may be required and may be required to be harvested for hay or silage or stocking rates may be subject to increase. Where there is no stock, the land must be harvested for hay or silage or be adequately topped at lest once in the summer months in a way that provides an escape route for wildlife.

On tillage land, the crop must be grown in the relevant payment year except where natural regeneration is practised or unless it is set aside and subject to management in accordance with set-aside conditions.

Stocking

Stocking levels on certain, protected areas such as natural heritage areas and, special protected areas must be maintained in accordance with approved plans.

In order to quality for disadvantaged areas compensatory allowance scheme, a minimum stocking level of 0.15 livestock units per hectare in the preceding calendar year is required.  This does not apply where environmental measures require a lower stocking density.

The EU regulations require that the national area under pasture in 2003 should not decrease significantly.  Pasture is land in use as grass for five years.  The permanent pasture must not decrease by more than 5 percent.  If it does, the landowner or occupier is required to obtain authorisation from the Department to grow tillage crops.

If the national area of permanent pasture as a proportion of total agricultural area, is reduced by more than 10 percent, there is a requirement to reconvert tillage land into permanent pastures.

Landscape

It is required that landscape features and habitats be preserved and retained.  Archaeological sites, monuments, natural heritage areas, special areas of conservation, special protected areas and protected habitats under Irish or EU legislation must not be damaged.

Vegetation growing on land mass cultivated or growing in any hedge or ditch must not be burned between 1st March and 31st August.  External farm boundaries whether walls, hedges, post and wire, ditches, of lands, occupied by livestock excluding commonage land and unenclosed land, must be maintained.

The encroachment of unwanted vegetation on agricultural land must be avoided. Invasive species which degrade land to such an extent that it cannot be used for agricultural purposes are not permitted unless specified in a plan approved by the Department of Agriculture or Environment.  This includes the invasion of briars, scrubs, rhododendron, bracken etc. Appropriate measures must be taken to minimize the spread of noxious weeds.

Statutory Management Requirements 1-3

The statutory management requirements cover a wide range of legal obligations applicable to agriculture, the environment, animal and plant health and food protection policies. The Department of Agriculture inspects to ascertain whether the required conditions are complied with.

SMR1 relates to the conservation of wild birds and applies principally in special protection areas.  Activities are restricted within the SPA and require consent from the Department of the Environment.  There are requirements to observe the Wildlife Act in relation to hunting birds.  There are very specific requirements in relation to the protection of birds.

SMR2 relates to the protection of the groundwater from pollution.  The Groundwater Directive protects against certain scheduled dangerous substances.  There are list 1 and list 2 substances.  The Directive prohibits or limits discharges and requires appropriate measures.  Different principles apply in different context and to different discharges.

SMR3 relates to the protection of the environment and soil when sewage sludge is used.  As well the  contents of fertilizer value it may contain pathogens and heavy metals that are harmful to human, plant and animal health.  Sewage sludge may only be used when a farmer registers with the local authority in accordance with an approved nutrient management plan.  National rules apply in relation to the use of sewage sludge in agriculture.

Statutory Management Requirements 4-8

SMR4 relates to the protection of waters against pollutions caused by nitrates.

SMR5 relates to the conservation of the natural habitat of wild flora and fauna.  It applies principally to farmers with lands in a special area of conservation.  Certain activities are restricted within SACs and may only be carried with the consent of the Department of the Environment. Outside of special areas of conservation, there are requirements in relation to protected plant species.

SMR 6, 7 and 8 relate to the identification and registration of animal stock.  The identification and tracing system is designed to protect animal and human health and to provide assurance on the tractability of meat.  The regulations require compliance with tagging, passports, registration, notification of births, deaths and movement to the computer database.

A bovine  passport must be kept and maintained.  A certificate of database compliance is required for direct purchases and sales of cattle.  Deaths and methods of disposal of animals must be notified

Sheep and goats must be registered with the Department of Agriculture and tagged. Movements on and off the holding must be recorded and dispatched accompanied by dispatch documents.  The stock register must be kept up-to-date and must be reconciled at least once a year.

Pig herds must be registered. Ear tags must be used, and a visible mark impressed where a pig is moved from the holding.  Dispatch documents must accompany each consignment.  Movements must be notified.  Pig movements must be notified to the central database.  Dispatch documents must accompany each consignment of pigs.

Statutory Management Requirements 9-12

SMR 9 relates to the authorization placing on the market use and control of plant protection products.  Only authorized plant protection and biocidal products may be stored and used. They must be used properly in accordance with the approved labels.  Products which are no longer used must not be retained.

SMR10 relates to the prohibition of certain hormonal and other substances in relation of farm  animals.

SMR11 deals with general principles and requirements of food safety law. Food safety law requires that the general principles be maintained at all stages of production, from processing and distribution.  Tractability systems must be maintained.  Food must be withdrawn from the market if it does not comply with the requirements of food or feed legislation.

SMR12 relates to the prevention and control of certain transmissible, TSEs.  Certain obligations apply in relation to feedstuff. Notification obligations apply.

Statutory Management Requirements 13-18

SMR13 deals with requirements in relation to foot and mouth disease.  Farmers must notify authorities of suspected animals or carcasses that are infected with foot and mouth disease.

SMR14 relates to the control of swine vascular diseases.  There are obligations to notify suspected animals or carcasses.

SMR15 relates to the control of Bluetongue.  Similar obligations apply.

SMR16 relates to welfare provisions applicable to calves.  National and EU legislation must be complied with.  This applies to conditions on rearing calves, accommodation, tethering, food, water and colostrum.

SMR17 relates to minimum standard for the protection of pigs.  National and EU requirements on pig welfare must be complied with.  This covers conditions relating to rearing, fattening and specific welfare requirements.

SMR18 relates to national legislation covering the welfare of animals kept for farming purposes generally.

Enforcement

The Department of Agriculture has published checklists in relation to various aspects of compliance. Eligibility inspections and checks are carried out by the Department.

They will vouch that the areas declared correspond with those farmed.  Cross-compliance obligations are verified.  Approximately 1 percent of applicants are inspected annually.  However, a significantly higher percentage of livestock farmers are inspected under the identification and registration requirements.

If there is non-compliance due to negligence there is a penalty of 3 percent of the aid.  If intentional non-compliance is found, a penalty of up to 20 percent may be applied.  If there is permanent and severe non-compliance, the 20 percent penalty may be increased to up to 100 percent.

The notice period is less than 48 hours.  The inspector explains the procedure.  The inspector may proceed if the applicant is not present.  If on completion, non-compliance is found, the applicant and/or his representative is informed and is notified how the findings impact on the schemes.

The applicant is invited to give explanations of non-compliance either at the time or within seven days. Any explanation is to be included in the report of the inspectors.

A farmer can appoint a representative to attend on his behalf.  If the applicant does not cooperate with the inspection, his application may be rejected.