Ulick Burke (Galway East, Fine Gael)
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Question 196: To ask the Minister for Agriculture, Fisheries and Food if, following the rejection of the Lisbon treaty, he has requested the EU Commission to review his position in relation to unannounced farm inspections under the various schemes operated by his Department; and if he will make a statement on the matter. [32902/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The position is that an EU 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 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 operating the SAPS

Council and Commission Regulations are now in place implementing the new arrangements with effect from 1 January 2008. Under the new regime, while inspections in general should be unannounced, we can give up to 14 days notice for land eligibility and cross-compliance inspections involving Statutory Management Requirements (SMRs) other than those related to animal identification and registration, food, feed, and animal welfare. For checks involving cattle identification and registration the maximum advance notice is 48 hours provided we are satisfied 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, I believe that the cross-compliance provisions were overly complex for farmers and I have 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. Specifically, I am committed to pursuing indent 14 of the June 2007 Council conclusions which requested the Commission "to study ways of improving the coherence and practicability of the control provisions in the different sectors covered by the Statutory Management Requirements (SMRs) for example as regards control rates and advance notice for on-the-spot checks".