In the context of delivering the Single Payment Scheme, Disadvantaged Areas' Scheme and other area based schemes, DAFM is required under the SPS implementing legislation to carry out an annual round of inspections covering both the eligibility of the land declared to draw down payments and also cross compliance requirements, to ensure compliance with EU regulatory requirements in the areas of public, animal and plant health, environment and animal welfare. These inspections are mandatory for each Member State.
Land eligibility checks must be carried out on at least 5% of applicants. These checks are carried out to verify that the actual area claimed in the application form corresponds to the area farmed by the farmer and to ensure that any ineligible land or features are not included for aid purposes. In respect of each hectare declared, the eligible area excludes any areas under roads, paths, buildings, farmyards, woods, scrub, rivers, streams, ponds, lakes, sand, areas of bare rock, boglands unfit for grazing, sand/gravel pits, areas used for quarrying, inaccessible areas, areas used as sports fields, golf courses, pitch and putt courses. Deductions are not required for headlands or for landscape features such as hedgerows and drains/ditches. There must be evidence of a sufficient agricultural activity being conducted throughout the parcel. Unused or fenced off parts of a parcel may be ineligible.
The rate of inspections for cross-compliance is 1% of applicants to whom the Statutory Management Requirements (SMRs) and Good Agricultural Condition (GAEC) apply. However, 3% of farmers must be inspected under the bovine identification and registration requirements, while 3% of sheep/goat farmers must be inspected covering 5% of the flock. These inspections are necessary to verify that the cross compliance objectives are being met.
Annually approximately €1.2 billion euro is paid out to applicant farmers in SPS payments. My Department under the legislation is obliged to ensure the accurate disbursement of all community funds. It conducts this through a robust inspection system. An ongoing EU audit system is in place which includes the Certifying Body, the Commission and the Court of Auditors to ensure the veracity of all payments. All staff are regularly trained on how to conduct these inspections. This training is based on the implementing legislation, audit findings and the latest clarifications from the Commission.
All applicants for SPS payments are further protected by the comprehensive appeal process in place. An applicant who may consider that an inspection has not been properly conducted may appeal. This appeal process includes a number of possible steps to ensure fairness. An applicant may appeal to the local district supervisor in the first instance. Should he not be satisfied he can then appeal to the independent appeals office. Failing this he can appeal to the ombudsman’s office or take the matter to the courts.
The meeting on the 6 of July 2011 was a normal internal meeting of staff following on from a file checking review and did not include any reference to the applicant in question. A letter dated 13th December 2011 issued to the person named outlining the outcome of this inspection. If the person named wishes to seek a review of any aspect of the inspection, as mentioned above, he should do so to the local district supervisor in the first instance clearly outlining the grounds of his appeal.
