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

2. 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?

3. 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

4. Legal basis for Cross Compliance

5. 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)

6. 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)

7. 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)

8. 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)

9. 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)

10. 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)

11. 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

12. 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

13. 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

14. 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.

15. Legal basis for GAEC

16. Legal basis for GAEC

17. 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

18. 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

19. 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)

20. Implementation of GAEC at MS level Example: Minimum land management
Measures preventing steep land from soil erosion
Image:

21. 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

22. Legal basis for SMR

23. 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

24. 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)

25. 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)

26. 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)

27. 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)

28. 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:

29. 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

30. 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

31. 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)

32. 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

33. 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

34. 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

35. 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:

36. 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

37. Legal basis for FAS

38. 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

39. 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

40. 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

41. 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)

42. 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

43. 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

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