UK Offence Report

The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004

UK Statutory Instrument 2004 No. 3196 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
5 December 2004
In force from
1 January 2005
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision in England for the administration and enforcement of Regulation (EC) No 1782/2003 (OJ No L 270, 21.10.2003, p.1) (“the Council Regulation”) and Commission Regulation (EC) No 796/2004 (OJ No L 141, 30.4.2004, p.18) (“the Commission Regulation”) in relation to cross compliance under the new system of direct support schemes (including the Single Payment Scheme) under the Common Agricultural Policy (CAP) to come into force on 1 January 2005. “Cross compliance” links the payment of direct aid to farmers under the Common Agricultural Policy to compliance with a range of laws and standards (see Article 6 of the Council Regulation). Annex III to the Council Regulation contains a list of “statutory management requirements” in areas of Community law on the environment, public and animal health and animal welfare. Under Article 5(1) of the Council Regulation, Member States must set out standards of “good agricultural and environmental condition” which will apply to all farmers, within the framework in Annex IV to that Regulation. The Regulations provide as follows: Regulation 3 designates the Secretary of State as the competent national authority responsible for providing farmers with a list of the statutory management requirements and standards of good agricultural and environmental condition on his land. Regulation 4, by reference to the Schedule, sets out the standards of good agricultural and environmental condition which will apply in England, as required under Article 5(1) of the Council Regulation. It also provides that farmers with agri-environment commitments which directly and necessarily conflict with the standards will not be penalised for breaching the standards. The standards in the Schedule cover the following areas— Retention of guidance on soil management (paragraph 1) Post-harvest management of land after combinable crops (paragraph 2) Waterlogged soil (paragraph 3) Burning of crop residues (paragraphs 4 and 5) Overgrazing and unsuitable supplementary feeding (paragraph 6) Management of land which is not in agricultural production (paragraph 7) Control of weeds (paragraphs 8 and 9) Protection of hedgerows and watercourses (paragraph 10) Hedgerows (paragraphs 11 and 12) Stone walls (paragraph 14) Environmental impact assessment (paragraphs 15 and 16) Heather and grass burning (paragraph 17) Sites of special scientific interest (paragraphs 18 to 22) Tree preservation orders (paragraph 23) Scheduled monuments (paragraph 24) Felling of trees (paragraph 25) Public rights of way (paragraphs 26 to 29) Regulation 5 gives the Secretary of the State the power to prohibit farmers from converting land under permanent pasture, and to oblige farmers to reconvert land to permanent pasture, where the exercise of powers these is necessary in order for the United Kingdom to meet the requirements of Article 5(2) of the Council Regulation and Articles 3 and 4 of the Commission Regulation. Regulation 6 exercises a derogation under Article 42 of Commission Regulation 796/2004 to designate the Rural Payment Agency (RPA) as the Competent Control Authority. The Agency shall be responsible for carrying out the controls on the requirements or standards set out in these Regulations and the Council Regulation. It enables the Rural Payment Agency to require the relevant authorities to carry out controls. The regulation imposes statutory duties on English Nature and the Environment Agency to send provisional control reports to the RPA and to notify the RPA on any non-compliance established as a consequence of any kind of check. Regulation 7 provides powers of entry for an authorised person. These powers are in addition to any existing power of entry and are for the purpose of providing a control report, establishing a non-compliance or ascertaining whether an offence under these Regulations has been or is being committed. Regulations 8 and 9 provide for an authorised person to request assistance and for offences of obstructing an authorised person and failing to provide assistance. A handbook setting out the standards in the Schedule is available (PB 10222A). This, and further guidance (available early in 2005) on soil management (PB 10222B) and on the management of habitat and landscape features (PB 10222C) will be sent to all farmers. Further copies are available from Defra Publications, Admail 6000, London SW1A 2XX. Telephone 08459 556 000. Fax 020 8957 5012. Email: defra@iforcegroup.com. A full regulatory impact assessment on the effect that cross compliance will have on the costs of business is available from Defra Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR, or at www.defra.gov.uk/corporate/consult/capsingle-payment/index.htm.

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