Eamon Gilmore (Dún Laoghaire, Labour)
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Question 117: To ask the Minister for Agriculture, Fisheries and Food his views on the introduction of a 14 day advance notice period for all farm inspections in the drawing up of a new charter of rights for farmers; and if he will make a statement on the matter. [25550/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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My Department, in the context of delivering the Direct Payment Schemes worth up to €1.9bn annually, is required to carry out on-the-spot inspections on a number of farms covering land eligibility, and cross-compliance. A minimum of 5% of applicants are inspected annually under the eligibility rule. Up to two-thirds of these inspections are carried out without a farm visit and using the technique of remote sensing. 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 (GAEC).

The rate of on-farm inspection required for cross-compliance is 1% of those farmers to whom the Statutory Management Requirements or GAEC apply. However at least 5% of producers must be inspected under the Bovine Animal Identification and Registration requirements while 3% must be inspected under the rules governing sheep and goat identification.

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.