The Rural Payments Agency has made important changes to cross-compliance rules for anyone making a single payment scheme claim. This academy explains what it all means
Meeting cross-compliance requirements is essential if English farmers are to receive a full SPS payment. In the past the Rural Payments Agency issued warning letters for the majority of first-time breaches, particularly for cattle inspections. However, under instruction from the EU, the agency is now stricter with payment reductions, making compliance even more important.
The starting point for payment reductions will be 3%. This will be increased or decreased, depending on the extent, severity and permanence of the breach and the number of times the breach has been repeated. Full details of the 2008 inspection statistics and the 2009 payment reduction tables are all available on the cross-compliance section of RPA’s website.
Play by the rules
DEFRA supports the advisory group Momenta to help ensure farmers and landowners understand and abide by cross-compliance requirements. Momenta runs a website with advice and information on meeting those requirements. There is also an independent and confidential telephone helpline.
David Gardner of Farmcare is one of Momenta’s advisers. He says that all recent requirements are listed and explained in The Guide to Cross Compliance in England. This has been sent to all claimants and is also available on the RPA website in its cross-compliance section.
Farmers have to comply with a set of statutory management requirements (SMRs) and keep their land in Good Agricultural and Environmental Condition (GAEC) to qualify for the full single payment and other direct payments.
"For many the most significant changes will be to Nitrate Vulnerable Zone requirements or SMR 4," says Mr Gardner. "This will apply to those who are in existing zones and also to those in new zones." You can check whether you are in a zone here.
Key to the NVZ requirements is a set of deadlines when certain actions must be carried out (see below). Farmers will have to demonstrate they have met these deadlines.
Soil management
Independent agronomist Simon Draper also works with Momenta. He highlights the importance of soil management in meeting cross-compliance requirements (GAEC 1). Claimants were sent a 2009 Cross Compliance Soil Protection Review continuation sheet. Further copies of this sheet are available from the DEFRA Helpline 08459 335 577, on the RPA website and through Whole Farm Approach.
"It is important to complete your Soil Protection Review by the 31 December 2009, even if there have not been any major soil incidences during the year," says Mr Draper. "Any incidences must be recorded at the time. RPA will understand that the last two years have been wet and some soil damage has been unavoidable, but it will expect you to have put measures in place to rectify any problems."
Land not in production
Alastair Leake, director of the Game and Wildlife Conservation Trust’s Allerton Project, is another Momenta adviser. He highlights RPA clarification on the rules surrounding agricultural land that is not in agricultural production (GAEC 12).
"Land that is not in agricultural production loses its GAEC 12 status as soon as cultivations, spraying or fertilising aimed at bringing that land back into production are carried out," explains Dr Leake.
"Land is no longer considered as being used for agricultural production the day after the previous crop is harvested or fails. It is then classed as OT2 land and is subject to the requirements of GAEC 12 until preparations begin for the following crop.
"However, anyone who intends to return the land to agricultural production by the following mid-May is exempt from the GAEC 12 requirement to establish and maintain a green cover."
A number of requirements have been removed from GAEC 6, SMR 1 and SMR 5 which are not considered to be relevant to farming activity, farmland or farmers.
Following the abolition of compulsory set-aside, farmers are reminded that cultivating and applying fertilisers and pesticides is not allowed within 2m of the centre of a hedgerow, watercourse or field ditch. This rule also applies to land within 1m of the top of the bank of a watercourse or field ditch, too.
Common failures
In 2008 cattle identification breaches remained the most common cross-compliance failures by far. Failures to report movements or deaths of animals to the Cattle Tracing System, record movements correctly in farm records or tag animals/replace lost tags within the prescribed deadlines were the three most frequent discrepancy types found. There were also a significant number of sheep identification and animal welfare breaches.
Only 10% of breaches received just a warning letter. There was a 1% reduction in SPS payment for 1052 out of the 1865 claimants where breaches were found. A further 392 received a 3% reduction with penalties rising according to the severity of the breach. There were also 18 claimants who received a 100% reduction in payment and five claims which were rejected following refused inspections.
Farm checklist
To help claimants ensure that they meet all their cross-compliance requirements, RPA has launched a Cross Compliance Self Assessment Tool. It is part of DEFRA’s Whole Farm Approach initiative which encourages farmers to carry out an increasing number of their statutory obligations electronically via the internet. The cross-compliance tool is available on the Whole Farm Approach website under the tab marked "Farm Assessment".
The program will take you through questions that will help build an action plan and a checklist. These will provide useful hints and tips, documents, licenses and notifications. As well as providing guidance on meeting cross-compliance requirements, the program also highlights areas where farming practices can be improved for the benefit of the business. There are also links to websites, articles and advice.
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