Dáil Éireann Debate, Tuesday - 14 December 2004
254 Mr. Naughten asked the Minister for Agriculture and Food the status of the guidelines for cross compliance under the single farm payment scheme; if penalties are imposed on farmers, if these will be reimbursed to the EU or Department of Finance; and if she will make a statement on the matter. [33100/04]
View answerAs part of the preparations for the new single payment scheme my Department has prepared a consultative document on cross-compliance and has made it available to interested organisations. This document takes account of the requirements laid down in the EU regulations on cross compliance and sets out Ireland's proposed approach to the obligations that should be respected by farmers receiving direct payments under the single payment scheme.
Under cross compliance requirements any farmer receiving direct payments must respect the various statutory management requirements set down in EU legislation, directives and regulations, on the environment, food safety, animal health, and welfare, and plant health and must maintain the farm in good agricultural and environmental condition.
It will be necessary to carry out on-farm visits to ensure that farmers respect cross compliance requirements. In general the rate of inspection required for cross-compliance is 1% of those farmers to whom the relevant statutory management requirements or good agricultural and environmental conditions apply. However, at least 5% of producers must be inspected under the animal identification and registration requirements of cross compliance as this is the level prescribed under the relevant regulations.
Where breaches of cross compliance provisions are detected the level of penalty to be applied will be determined on the basis of an assessment of the importance of the non- compliance set out in the control report following the on-farm inspection. If the non-compliance is due to negligence then, normally, the penalty is 3% of the aid for the year in question. However taking account of the permanence, extent or severity of the non-compliance the 3% penalty may be reduced to 1% or increased to 5%. If repeated non-compliance is found then the penalty established will be multiplied by three up to a maximum of 15% of the aid.
If intentional non-compliance is found then the penalty is 20% of the direct payments referred to under Council Regulation 1782/93 for the year in question. However, on examination of the control report and taking account of the permanence, extent or severity of the non-compliance the 20% may be reduced to 15% or increased to 100%. Most of the statutory management requirements have been in place for some years and generally farmers are aware of the various requirements.
In the light of submissions which my Department has received in response to its consultative document and, following consultations with interested bodies, my Department will publish in the new year, a detailed information booklet on cross-compliance requirements for the assistance of applicants under the single payment scheme.
Member states may retain 25% of the amounts resulting from the application of cross compliance penalties and the balance must be credited to the EAGGF guarantee section.
