Written answers

Tuesday, 20 May 2008

Department of Agriculture and Food

Farm Inspections

9:00 pm

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 147: To ask the Minister for Agriculture, Fisheries and Food the progress in the past 12 months in securing for farmers advance notice of cross compliance checks; and if he will make a statement on the matter. [19602/08]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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The position is that the cross-compliance regime has been in place since the introduction of the Single Payment Scheme in 2005. Cross-compliance involves two key elements:

A requirement for farmers to comply with 18 statutory management requirements (SMRs) set down in EU legislation on the environment, food safety, animal health and welfare and plant health and

A requirement to maintain the farm in good agricultural and environmental condition.

The Cross Compliance obligations were phased in over a three-year period. Eight cross-compliance SMRs came into force in 2005 together with the Good Agricultural and Environmental Condition requirements. A further 7 SMRs governing food, animal and plant health came on stream from 1 January 2006. The final 3 SMRs governing Animal Welfare were introduced with effect from 1 January 2007.

A Commission report on the application of cross-compliance was presented to the April 2007 Agriculture Council and Council conclusions were adopted in June 2007. The following issues were covered in the conclusions:

Tolerance for minor non-compliance

Introduction of a "de minimis" rule for penalties

Harmonisation of control rates

Advance notice of Inspections

Reviewing the "10 month land availability rule"

Making better use of the results of existing controls in the context of risk analysis for cross-compliance

Phasing in of cross-compliance for new Member States.

Council and Commission Regulations are now in place implementing the new arrangements with effect from 1 January 2008.

Under the new regime, while all inspections should generally be unannounced, a Member State can give up to 14 days notice for land eligibility inspections and for cross-compliance inspections involving SMRs other than those related to animal identification and registration, food, feed, and animal welfare. For checks involving animal identification and registration the maximum advance notice is 48 hours provided that the purpose of the inspection is not jeopardised. For SMRs dealing with feed, food and animal welfare no advance notice may be given.

My Department is required to ensure that the control environment established under cross-compliance is robust and meets with regulatory and audit requirements. Nevertheless, my Department believed that the cross-compliance provisions were overly complex for farmers and has sought and gained appropriate simplification in the context of the review of cross-compliance conducted by the Commission and the Regulations introduced as a result. It is intended however, that further simplification of the cross-compliance arrangements will be pursued in the context of the CAP Health Check.

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