My Department, in the context of delivering the Direct Payment Schemes, is required to carry out on-the-spot inspections on a number of farms covering such issues as eligibility under the Scheme, compliance with EU legislation in the areas of the environment, food safety, animal health and welfare and plant health and ensuring that the farm is maintained in good agricultural and environmental condition.
A minimum of 5% of Scheme applicants are required to be inspected under the eligibility rule. These checks are carried out to verify that the actual area claimed in the application form corresponds to the area held by the farmer and to ensure there are no overlapping claims or duplicate claims. Up to two-thirds of these inspections are carried out without a farm visit and using the technique of remote sensing.
The rate of on-farm inspection required for cross-compliance is 1% of those farmers to whom the Statutory Management Requirements or GAEC apply. However, at least 3% of producers must be inspected under the Bovine and Ovine Animal Identification and Registration requirements. For Bovine checks in 2011 this constitutes a reduction of 2% from previous years.
My Department is in regular contact with the European Commission with a view to simplification of the Direct Payments Scheme requirements. In this connection the European Commission, in consultation with Member States, undertook a full review of the cross-compliance regime. The following issues were covered in the conclusions:
Tolerance for minor non-compliance
Introduction of a "de minimis" rule for penalties
Harmonisation of control rates
Advance notice of Inspections
Reviewing the "10 month rule"
Making better use of the results of existing controls in the context of risk analysis for cross-compliance.
Phasing in of cross-compliance for new Member States operating the SAPS
Council and Commission Regulations are now in place implementing these new arrangements.
In tandem with this my Department carried out a full review of the inspection arrangements for the Single Payment Scheme with a view to simplification of the arrangements (including paperwork) where possible while, at the same time, ensuring compliance with the regulatory requirements.
While all inspections should be unannounced, the Department can give up to 14 days notice for land eligibility and cross-compliance inspections involving SMRs other than those related to animal identification and registration, food, feed, and animal welfare. For checks involving cattle identification and registration the maximum advance notice is 48 hours provided the Department is satisfied that the purpose of the inspection is not jeopardised. For SMRs dealing with feed, food and animal welfare no advance notice may be given.
My Department is required to ensure that the control environment established under cross-compliance is robust and meets with regulatory and audit requirements.