IACS Technical Assistance Project Support to establishment of fully operation Paying Agency in line with the EU standards IPA 2007-0303-030101 Training on Cross Compliance – modules 3 and 4 Cross Compliance in the EU Pavel Trojáček

What is Cross Compliance? Cross-compliance (CC) is a mechanism that links direct payments to compliance by farmers with basic standards concerning the environment, food safety, animal and plant health and animal welfare, as well as the requirement of maintaining land in good agricultural and environmental condition. (European Commission, DG-AGRI) What does this definition practically mean?

Cross Compliance in practice Farmers do not have to produce in order to receive direct payments. But they must respect cross compliance standards in two ways: Good agricultural and environmental condition (GAEC) Statutory management requirements (SMR) Failure by farmers to respect these conditions can result in deductions from, or complete cancellation of, the payments Legal basis: Council Regulation 73/2009, Art. 4-6

Legal basis for Cross Compliance

Objective of Cross Compliance To contribute to the development of sustainable agriculture and making the Common Agricultural Policy (CAP) more compatible with the expectations of society at large. (European Commission, DG-JRC, WikiCAP)

Cross Compliance requirements - examples Identification of animals is not required only for administrative purposes. It allows tracing of animals in case of animal disease and efficient application of prevention measures. (Photo: CC Guideline for farmers, Czech PA SZIF, 2011)

Cross Compliance requirements - examples Prevention of soil from erosion through appropriate land use. The consequences of heavy rain on steep parcel are different depending on whether the parcel is covered with permanent grassland (left) or wide-row crop like maize (right). (Photo: CC Guideline for farmers, Czech PA SZIF, 2011)

Cross Compliance requirements - examples Maintaining soil organic matter and soil structure through appropriate practice – avoid burning of stubbles (left) and avoid agro-operations on flooded land (right). (Photo: CC Guideline for farmers, Czech PA SZIF, 2011)

Cross Compliance requirements - examples Protection of groundwater against pollution through appropriate practice – avoid outflow of fuel from fuel station (Photo: Czech Institute of Agricultural Economics and Information, 2010; CC Guideline for farmers, Czech PA SZIF, 2011)

Cross Compliance requirements - examples Protection of groundwater against pollution through appropriate practice – avoid inappropriate manure storage (Photo: Czech Institute of Agricultural Economics and Information, 2010; CC Guideline for farmers, Czech PA SZIF, 2011)

Cross Compliance and Rural Development Farmers receiving payments for selected rural development measures of Axis 2 "Improving the environment and the countryside" shall respect cross-compliance on the whole holding Beneficiaries receiving agri-environmental payments shall also respect minimum requirements for fertilizer and plant protection products use established by national legislation Cross-compliance is a baseline for the definition of agri-environment and animal welfare commitments within the framework of RD measures

Information provided to the farmers The competent national authority shall provide farmers with the list of SMRs and GAEC to be respected CC Guideline for farmers, Czech PA SZIF, 2011

Context of Cross Compliance What is the context and history of Cross Compliance? The answer to these questions will be provided by Dr. Deterd Goeman, Team Leader of the IACS TA project Let’s switch to his presentation

Elements of Cross Compliance Good agricultural and environmental condition (GAEC) Specific requirements defined at national (regional) level within the common framework of 5 issues and 15 standards relating to soil protection, minimum level of maintenance, retention of landscape features and habitats, and water protection and management. Requirements concerning the maintenance of total permanent pasture area. Statutory management requirements (SMR) Specific requirements set-up at national level in accordance with 18 EU Directives and Regulations relating to the protection of environment; public, animal and plant health; and animal welfare.

Legal basis for GAEC

Legal basis for GAEC

Legal basis for GAEC – Annex III Issue Compulsory Standards Optional Standards Soil erosion: Protect soil through appropriate measures Minimum soil cover Retain terraces Minimum land management reflecting site-specific conditions   Soil organic matter: Maintain soil organic matter levels through appropriate practices Arable stubble management Standards for crop rotations Soil structure: Maintain soil structure through appropriate measures Appropriate machinery use Minimum level of maintenance: Ensure a minimum level of maintenance and avoid the deterioration of habitats Retention of landscape features, including, where appropriate, hedges, ponds, ditches, trees in line, in group or isolated and field margins Minimum livestock stocking rates or/and appropriate regimes Establishment and/or retention of habitats Avoiding the encroachment of unwanted vegetation on agricultural land Prohibition of the grubbing up of olive trees Protection of permanent pasture Maintenance of olive groves and vines in good vegetative condition Protection and management of water: Protect water against pollution and run-off, and manage the use of water Establishment of buffer strips along water courses Where use of water for irrigation is subject to authorisation, compliance with authorisation procedures

Implementation of GAEC at MS level Specific requirements developed within the common framework addressing the issues and standards given in Annex III to Reg. 73/2009 Taking in consideration specific national (or regional) conditions Defined requirements should be “RAC”: Relevant & appropriate for environment Acceptable & realistic for farmers Controllable by the administration The requirements are obligatory for farmers receiving direct payments and selected RD payments Environment Agriculture Control GAECs

Implementation of GAEC at MS level Example: Minimum land management Issue: Soil erosion - Protect soil through appropriate measures Standard: Minimum land management reflecting site-specific conditions Examples of specific requirements: When the slope is more than XX%, no tillage down the slope On arable land above a certain slope (XX%), vegetation strips at least Xm wide shall divide the fields at appropriate intervals Above a certain slope (XX%), limit on livestock density to prevent severe poaching leading to soil erosion On land designated as seriously endangered by erosion prohibition of growing of wide-row crops. Cereals and rapeseed crops shall be planted using soil protective technologies - sowing into mulch or sowing without tillage (CZ)

Implementation of GAEC at MS level Example: Minimum land management Measures preventing steep land from soil erosion Image: http://soilpoonam.blogspot.com

Implementation of GAEC at MS level Example: Minimum land management Implementation in Croatia: new GAEC Ordinance (NN 89/11) Defined requirement (listed in Annex 1 to the Ordinance): Agricultural land with a slope of 15% or more shall be ploughed only perpendicular to the slope. Image: Freie Universität Berlin Image: Myfundi Encyclopedia

Legal basis for SMR

Legal basis for SMR – Annex II List of selected provisions from 18 EU legislative acts in the areas of: environment; public, animal and plant health; animal welfare. SMRs divided into three parts for the purpose of gradual implementation in member states: Point A: requirements related to environment and identification and registration of animals Point B: requirements related to public, animal and plant health and notification of diseases Point C: requirements related to animal welfare

SMR Point A, Environment SMR 1: Conservation of wild birds Aim: to protect wild birds, their eggs and nests, especially in areas within Natura 2000 sites Mapping of meadow birds nests using GPS (Miep van Gijsen, Netherlands, 2008)

SMR Point A, Environment SMR 2: Protection of groundwater against pollution Aim: to protect groundwater by controlling the discharge or disposal of potentially harmful and polluting materials (oil, fuel, plant protection products, fertilizers, manure) Incorrect application of liquid manure (Photo: Czech Environmental Inspectorate, 2010)

SMR Point A, Environment SMR 3: Protection of the environment when sewage sludge is used in agriculture Aim: ensure that when sewage sludge is used in agriculture there is no risk to human, animal or plant health and no harmful effects on soil Inadequate application of sewage sludge (Photo: CC Guideline for farmers, Czech PA SZIF, 2011)

SMR Point A, Environment SMR 4: Protection of water against nitrate pollution Aim: to reduce the pollution of waters caused by nitrates from agricultural sources in vulnerable zones and to prevent such pollution occurring in the future Suitable (left) and unsuitable (right) application of manure and/or fertilizers (Photo: Good Agriculture Practice. Guideline for farmers, 2004)

SMR Point A, Environment SMR 5: Conservation of natural habitats and of wild flora and fauna Aim: to protect species of flora and fauna, especially in areas within Natura 2000 sites Image: http://www.natura2000.hr

SMR Point A, Identification and registration of animals SMR 6: Pig identification and registration Aim: to reduce the risk of pig disease spreading through controlling movements and improving traceability SMR 7: Cattle identification and registration Aim: to maintain a system for the identification and registration of cattle to facilitate their traceability, in particular in the event of a disease outbreak SMR 8: Sheep and goat identification and registration Aim: to maintain a system for the identification and registration of sheep and goats to facilitate their traceability, in particular in the event of a disease outbreak

SMR Point B, Public, animal and plant health SMR 9: Placing of plant protection products on the market Aim: to ensure that plant protection products are used correctly and to minimize their risk to humans, animals and the environment SMR 10: Restrictions on the use of certain substances in farm animals Aim: to prohibit the illegal use in stock farming of substances that have a hormonal or thyrostatic action and beta-agonists, and to prevent the residues that these substances leave in meat and other foodstuffs from entering the human or animal food chain

SMR Point B, Public, animal and plant health SMR 11: Food and feed law Aim: to ensure the safe production of food for human consumption and food or feed that is fed to animals producing food (e.g. milk or eggs) SMR 12: Prevention, control and eradication of Transmissible Spongiform Encephalopathies (TSE) Aim: to minimize the risk posed to human and animal health by certain transmissible spongiform encephalopathies (TSE) – neurodegenerative diseases like bovine spongiform encephalopathy (BSE)

SMR Point B, Notification of diseases SMR 13: Notification of Foot-and-Mouth Disease Aim: to control and eradicate Foot-and-Mouth Disease (susceptible animals: cattle, sheep, goat, deer, pigs) SMR 14: Notification of specified animal diseases Aim: to control and eradicate specified animal diseases SMR 15: Notification of bluetongue to control and eradicate bluetongue (viral disease of mainly sheep) 2001 UK Foot-and-mouth outbreak

SMR Point C, Animal welfare SMR 16: Protection of calves SMR 17: Protection of pigs SMR 18: Protection of animals kept for farming purposes Aim: to protect the welfare of farmed animals by setting minimum standards for their care and husbandry

Implementation of SMRs at MS level Example: Cattle identification and registration To double tag with approved ear tags: all calves born on the holding within XX days of birth all cattle imported from outside the EU within XX days of release from import checks To replace lost or illegible ear tags within XX days of discovering the loss Notify the authority of: all births of cattle on the holding no later than XX days after the birth any movements of cattle onto and off the holding within X days any cattle deaths on the holding within X days all cattle imported from outside the EU within XX days of retagging the animal Keep an up-to-date herd register for the holding in approved format

Implementation of SMRs at MS level Example: Cattle identification and registration Implementation in Croatia: Ordinance on Cross Compliance in Agricultural Production (NN 10/10) National legislation in force: Ordinance on obligatory identification and registration of bovine animals (NN 99/07) Specific requirements listed in Table 7, Annex 1 to the Ordinance relating to: Identification of bovine animals Passports for bovine animals Registration of bovine animals Image: http://www.hpa.hr

Farm Advisory System (FAS) Member States must establish a system of advising farmers on land and farm management (the “Farm Advisory System“) The advisory activity shall cover at least the SMRs and the GAEC Aim: to help farmers facing their obligations under cross compliance FAS is not limited only to the cross-compliance standards - Member States can decide to enlarge it Legal basis: Council Regulation 73/2009, Art. 12

Legal basis for FAS

Key players Farmer Inspector Advisor responsible for his actions has to implement the CC requirements Inspector checks the fulfilment of CC requirements Advisor helps farmer with specific advice Images: the FieldFact project

Features of the FAS Farmers participate in the FAS on a voluntary basis Member States may give priority to certain categories of farmers (e.g. if the available budget is not sufficient for all) National authorities are responsible for designating the advisory bodies in charge of the FAS (can be public or private) No conditions as to the frequency of advice, the qualification of advisers, whether the advice has to be paid, etc are specified No data shall be disclosed by the advisor apart to the farmer (except in very limited situations) – Article 13

Control of Cross Compliance Member States are required to carry out checks on cross-compliance to verify whether the farmer complies with the requirements and standards under cross-compliance On-the-spot checks must be carried out on at least 1% of all farmers submitting aid application for direct payments In addition, on-the-spot checks must be carried out on at least 1% of farmers submitting claims under RD measures subject to cross compliance The selection of the sample of farms for on-the-spot checks shall be based on a risk analysis

Use of Remote Sensing On-the-spot checks of Cross Compliance can be carried out with use of Remote Sensing technology Parcel after burning of stubble (example from Italy) Areas covered with unwanted vegetation detected on VHR image (example from Ireland)

Reductions from payments Reductions can be applied only if non-compliance found is directly attributable to the individual farmer Non-compliance must relate to an agricultural activity or to agricultural land of the holding The reductions must take account of severity, extent, permanence and repetition of the non-compliance found The percentage of reduction for non-compliance that shall be applied depends if the non-compliance is due to negligence or intentional

Further information on Cross Compliance More detailed information relating to: GAEC standards SMRs FAS Control of CC Implementation of CC in EU member states will be provided during the next training modules For details refer to the Description of the training modules and the Training plan

Thank you for your attention! IACS Technical Assistance Project Support to establishment of fully operation Paying Agency in line with the EU standards IPA 2007-0303-030101 Thank you for your attention!