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CAP Reform: Cross Compliance (Good Agricultural and Environmental Condition) Consultation Paper

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CAP Reform: Cross Compliance

Annex A: Statutory Management Requirements (Annex III of Regulation (EC) 1782/2003)

Ref. No.

EC Directive / Regulation

What will be the Cross Compliance requirement to be met by the farmer?

1

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1). Articles 3, 4 (1), (2) and (4), 5, 7 and 8.

Article 3 requires Member States to take action to secure or re-establish habitats for all naturally occurring wild birds

Article 4 requires Member States to take special protection measures for certain species of bird, including the establishment of Special Protection Areas (SPAs). Appropriate steps have to be taken to avoid pollution or deterioration of habitats or disturbance of birds on these sites. There is a similar requirement for habitats outside protected sites.

Article 5 prohibits the deliberate killing and significant disturbance of wild birds, deliberate destruction of, or damage to, their nests and eggs, removal of their nests or taking of their eggs except under licensed conditions e.g. for protection of crops. Article 7 permits hunting of wild birds subject to conditions. Article 8 prohibits certain means of killing wild birds.

This Directive is principally of relevance to farmers in the following circumstances:

- action which breaches article 4 (protection of SPAs and other habitats of birds elsewhere in the countryside) may lead to cross-compliance penalties. In particular, a farmer may be liable to penalty if he carries out, without consent, an operation which Scottish Natural Heritage has informed him he needs their consent for.

- killing or significant disturbance of birds, or damage to nests and eggs, contrary to the Wildlife and Countryside Act 1981 and subsequent legislation on the protection of birds.

2

Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances (OJ L 20, 26.1.1980, p. 43). Articles 4 and 5.

Under the Groundwater Regulations 1998 land managers require an Authorisation from SEPA before disposing of List I and List II substances to land. The major consequence of this is that farmers require authorisation for disposal of spent sheep dip and pesticide washings to land. Where List I and List II substances are otherwise used, manufactured, stored or handled farmers will be expected to comply with relevant legislation, codes of practice or other relevant good practice. Where it is necessary for the protection of groundwater, SEPA will serve a Notice that requires the activity to comply with certain conditions, or, where the risks cannot be controlled, SEPA may prohibit the activity altogether. The Sheep Dipping Code of Practice may be cited in a Notice served by SEPA..

3

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (OJ L 181, 4.7.1986, p. 6), Article 3.

Use only of sludge treated in accordance with the Directive. Observation of specified harvesting intervals and other requirements to prevent contaminants (e.g. heavy metals) reaching the human food chain. Farmers in NVZs will be expected to record the use of sludge in their Fertiliser and Manure Plan and to observe the relevant closed period, as necessary.

Scottish Water, as the principal sludge producer in Scotland, is required to comply with the Sludge (Use in Agriculture) Regulations 1989. Normally, the treatment of agricultural land with sewage sludge will be supported by professional advice as to the nutrients supplied, timing and method of application etc. SEPA audits the sludge registers held by Scottish Water.

4

Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) Articles 4 and 5.

Farmers with land in NVZs should comply with the mandatory measures contained in the Nitrogen and Phosphorus Supplement to the PEPFAA Code in addition to adhering to the Action Programme measures. The measures are set out in the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 (SSI 2003/51).

5

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and fauna (OJ L 206, 22.7.1992 p. 7) Articles 6, 13, 15 and 22(b).

Article 6 requires (i) Special Areas of Conservation (SACs) to be designated for habitats (listed in Annex I) and species (listed in Annex II) to be protected from damage, deterioration of habitats or disturbance of species; and (ii) the effects of plans or projects that could cause adverse effects to be considered. Article 13 requires prohibition of destroying, cutting or uprooting of protected plant species listed in Annex IV(a) of the Directive. Article 15 requires prohibition of certain methods of killing or taking wild species. Article 22 requires regulation of introduction of non-native species where prejudicial to native wildlife.

This Directive is principally of relevance to farmers in the following circumstances:

- action which breaches article 6 (protection of SACs) may lead to Cross Compliance penalties. In particular, a farmer may be liable to penalty if he carries out, without consent, an operation which Scottish Natural Heritage has informed him he needs their consent for.

- deliberate killing or disturbing of protected animal species, including activities deleterious to their breeding sites or resting places.

- destruction, cutting or uprooting of protected plant species, use of prohibited methods of killing or taking wild species or evidence of non-compliance with measures designed to regulate introduction of non-native species.

6

Council Directive 92/102/EEC of 27 November 1992 on identification and registration of animals (OJ L 355, 5.12.1992 p. 32) Articles 3,4 and 5.

Farmers are required to comply in full with the domestic legislation which implements EU requirements governing the identification (tagging/tattooing etc), record keeping, and movement requirements for cattle, sheep, goats and pigs.

The domestic legislation currently in force is :

  • The Sheep and Goats Identification (Scotland) Regulations 2000 (SSI 2000/418) as amended.
  • The Cattle Database Regulations 1998 (SI 1998/1796)
  • The Cattle Identification Regulations 1998 (SI 1998/871) as amended
  • The Pigs (Record , Identification and Movement Order 1995 (SI 1995/11)
  • The Bovine Animals (Identification, Marking and Breeding Records) (Amendment) Order 1993 (SI 1993/503)
  • The Cattle Identification (Amendment Regulations 1998 (SI 1998/2969)
  • The Cattle Identification (Notification of Movement) (Scotland) Amendment Regulations 2002 (SSI 2002/22)
  • The Cattle (Identification of Older Animals) (Scotland) Regulations 2000 (SSI 2001/1)

7

Commission Regulation 2629/97 of 29 December 1997 laying down detailed rules for the implementation of Council Regulation 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals (OJ L 354, 30.12.1997, p. 19) Articles 6 and 8.

Farmers are required to comply in full with the domestic legislation which implements EU requirements governing the identification (tagging/tattooing etc), record keeping, and movement requirements for cattle, sheep, goats and pigs.

The domestic legislation currently in force is :

  • The Sheep and Goats Identification (Scotland) Regulations 2000 (SSI 2000/418) as amended.
  • The Cattle Database Regulations 1998 (SI 1998/1796)
  • The Cattle Identification Regulations 1998 (SI 1998/871) as amended
  • The Pigs (Record , Identification and Movement Order 1995 (SI 1995/11)
  • The Bovine Animals (Identification, Marking and Breeding Records) (Amendment) Order 1993 (SI 1993/503)
  • The Cattle Identification (Amendment Regulations 1998 (SI 1998/2969)
  • The Cattle Identification (Notification of Movement) (Scotland) Amendment Regulations 2002 (SSI 2002/22)
  • The Cattle (Identification of Older Animals) (Scotland) Regulations 2000 (SSI 2001/1)

8

Regulation 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97 (OJ L 204, 11.8.2000, p.11) Article 4 and 7

Farmers are required to comply in full with the domestic legislation which implements EU requirements governing the identification (tagging/tattooing etc), record keeping, and movement requirements for cattle, sheep, goats and pigs.

The domestic legislation currently in force is :

  • The Sheep and Goats Identification (Scotland) Regulations 2000 (SSI 2000/418) as amended.
  • The Cattle Database Regulations 1998 (SI 1998/1796)
  • The Cattle Identification Regulations 1998 (SI 1998/871) as amended
  • The Pigs (Record , Identification and Movement Order 1995 (SI 1995/11)
  • The Bovine Animals (Identification, Marking and Breeding Records) (Amendment) Order 1993 (SI 1993/503)
  • The Cattle Identification (Amendment Regulations 1998 (SI 1998/2969)
  • The Cattle Identification (Notification of Movement) (Scotland) Amendment Regulations 2002 (SSI 2002/22)
  • The Cattle (Identification of Older Animals) (Scotland) Regulations 2000 (SSI 2001/1)

9

Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1) Article 3

1. That the farmer has not retained products that are no longer approved for use. 2. That the farmer is carrying out spray operations on approved crops only, following the Green Code using the pesticide at the correct dosage levels and leaving sufficient 'buffer zones' so that the spray does not enter water courses. Plant Protection Products (Scotland) Regulations 2003 (SSI 2003/579) refer.

10

Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostaic action and of beta-agonists (OJ L 125, 23.5.1996, p. 3) Articles 3, 4, 5 and 7.

No illegal use of substances having a hormonal, thyrostatic action, or the use of beta agonists. Where confirmed residues of banned substances are found following MHS inspection the SVS will carry out an on-farm investigation, including taking extra samples.

111

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1) Articles 14,15,17(1),18,19 and 20

(i) Ensure that the food and feed safety requirements, specified in Articles 14 and 15 of Regulation 178/2002, are met.

(ii) Ensure that all stages of production, processing and distribution within the businesses under their control, satisfy the food and feed safety requirements of food law which are relevant to those activities, and verify that such requirements are met (Article 17).

(iii) Maintain traceability systems (Article 18).

(iv) Withdraw and/or recall food or feed from the market if this is not in compliance with food or feed safety requirements, and notify competent authorities (Articles 19/20).

12

Regulation (EC) 999/2001 of the European Parliament and of the Council of 28 January 2002 laying down rules for the prevention, control and eradication transmissible spongiform encephalopathies. (OJ L 147, 31.5.2001 p. 1) Articles 7, 11, 12, 13 and 15.

Article 7: The farmer must not feed to ruminants protein derived from mammals or feed any products of animal origin to farmed animals, in accordance with Annex IV. Further, the farmer must not export or store feed intended for farmed animals which contains protein derived from mammals or feed intended for mammals, except for the feeding to dogs and cats.

Article 11: The farmer must immediately notify the DVM of any animal suspected of being infected by a TSE.

Articles 12, 13: Once notification of a TSE suspect is made, the farmer must fully comply with movement restrictions or any other notices served on that animal or animals by an inspector under these articles.

Article 15: This Article moves away from the individual farmer by largely focusing toward the trade aspects of the industry. However, should the farmer have in his possession a TSE suspect animal(s) which is already covered in Articles 12 and 13, he must remain in full compliance of any movement restrictions.

13

Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease (OJ L 315, 26.11.1985, p. 11) Article 3.

As implemented in the UK by the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950), as amended; requires any person who has in his possession or under his charge an affected or suspected animal or carcass to notify the fact to the authorities.

14

Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the Control of certain animal diseases and specific measures relating to swine vesicular disease (OJ L 62, 15.3.1993, p. 69) Article 3.

The notification provisions of this Directive are implemented in the UK via the Specified Diseases (Notification) Order 1996, as amended, which requires a person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected to notify the authorities. There is a similar requirement in respect of swine vesicular disease in the Swine Vesicular Disease Order 1972.

15

Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (OJ L 327, 22.12.2000, p. 74) Article 3.

As implemented in by the Bluetongue (Scotland) Order 2003, requires any person who knows or suspects that an animal or carcass in his possession or under his charge is diseased to notify the authorities.

16

Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28) . Articles 3 and 4

The Welfare of Farmed Animals (Scotland) Regulations 2000, as amended. The Code of Recommendations for the Welfare of Cattle contains a section on calf rearing. Failure to comply with the Regulations and Code may lead to loss of subsidy.

17

Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33) Article 3 and 4 (1)

The Welfare of Farmed Animals (Scotland) Regulations 2000, as amended. The Code of Recommendations for the Welfare of Pigs. Failure to comply with the Regulations and Code may lead to loss of subsidy

18

Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23) Article 4

The Welfare of Farmed Animals (Scotland) Regulations 2000, as amended. Failure to comply with the Regulations and Code may lead to loss of subsidy.